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  • Am I going mad?????

    I was wondering if I'm going mad or did I read somewhere that lenders ain't supposed to put a default on an account while it was under dispute???

    I'm not just talking about a cca request failure type of dispute.

  • #2
    Re: Am I going mad?????

    Originally posted by mgfboy View Post
    I was wondering if I'm going mad or did I read somewhere that lenders ain't supposed to put a default on an account while it was under dispute???

    I'm not just talking about a cca request failure type of dispute.
    They can add a default if you're one day late with paying, but ideally within 3-6 months.

    It depends what you're saying is the 'dispute'...? Fraud, mismanagement or general account concerns constitute a dispute.

    However if you went to FOS and they ruled in your favour they would demand removal of derogatory status, as per Niddy v Citi/Opus thread mate.
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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    • #3
      Re: Am I going mad?????

      Read this, and the attachment within the post as that explains your rights and what the lenders ought to do as well.

      ---> Last payment date - Page 2 - allaboutFORUMS

      :niddy
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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      • #4
        Re: Am I going mad?????

        The reason I ask the question is Gwyn is looking for ammo to use against HSBC in the potential court case/ccj that I have on going now they have found a signed cca( Gwyn hasn't decided yet if he feels it's enforcable yet).

        Looking at my credit record they applied the default after one missed payment ( the dates reported don't tie up with HSBC records and I never had a default notice).

        All my HSBC accounts where under dispute at the time and they knew this and none of their correspondence at this date mentioned defaults.

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        • #5
          Re: Am I going mad?????

          Mate under dispute cos you say so means little unless it falls into the recognised dispute categories. However they can add a default after one payment, yes. They should wait until 3 and give you mediation time however they do not have to.

          Look at me mate, HSBC have changed the data 3 times and still the FOS say they were allowed to. I still say HSBC pay people off, like the FOS et al.

          What does Gwyn say, he's the best to ask (or PM Paul) - not us!
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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          • #6
            Re: Am I going mad?????

            Originally posted by Never-In-Doubt View Post
            Mate under dispute cos you say so means little unless it falls into the recognised dispute categories. However they can add a default after one payment, yes. They should wait until 3 and give you mediation time however they do not have to.

            Look at me mate, HSBC have changed the data 3 times and still the FOS say they were allowed to. I still say HSBC pay people off, like the FOS et al.

            What does Gwyn say, he's the best to ask (or PM Paul) - not us!
            No probs Niddy, Gwyn's on holiday and I was just trying to get some more info across to him and I didn't want to bother him with stuff that was a waste of time

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            • #7
              Re: Am I going mad?????

              Have a vague look here, it's a load of old bollocks IMO but apparently the norm...

              ---> How to dispute a debt
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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              • #8
                Re: Am I going mad?????

                was this a bank account or CC/Loan mate?
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                • #9
                  Re: Am I going mad?????

                  Originally posted by Never-In-Doubt View Post
                  was this a bank account or CC/Loan mate?
                  CC mate, with a perfect payment history before HSBC's meltdown

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                  • #10
                    Re: Am I going mad?????

                    Originally posted by mgfboy View Post
                    CC mate, with a perfect payment history before HSBC's meltdown
                    same as me then? Wankers

                    fancy dual legal action against the fos? I am going to sue, a class law suit would be better though - plus I'll ask my mate at BBC to get it on primetime (watchdog or similar)!
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                    • #11
                      Re: Am I going mad?????

                      Originally posted by Never-In-Doubt View Post
                      same as me then? Wankers

                      fancy dual legal action against the fos? I am going to sue, a class law suit would be better though - plus I'll ask my mate at BBC to get it on primetime (watchdog or similar)!

                      Could be a option, I will dig out the response from the Independent Assessor that I received on Friday ( I haven't given it a good read and assessment yet, didn't want to spoil my weekend!!!)and fire it across to you.
                      Last edited by mgfboy; 5 June 2012, 18:32.

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                      • #12
                        Re: Am I going mad?????

                        Originally posted by mgfboy View Post
                        Could be a option, I will dig out the response from the Independent Assessor that I received on Friday ( I haven't given it a good read and assessment yet, didn't want to spoil my weekend!!!)and fire it across to you.
                        yea please do mate that'd be good as thats my next port of call regards the actual ombudsman and the 109 contradictions and errors I have found! Surely that boils down to competence which in turn means the IA should assess it....?

                        * eagerly awaits the email
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                        • #13
                          Re: Am I going mad?????

                          Originally posted by mgfboy View Post
                          Could be a option, I will dig out the response from the Independent Assessor that I received on Friday
                          Funny I got my Ombudsman ruling on Friday as well.

                          They like to give bad news before taking time off
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                          • #14
                            Re: Am I going mad?????

                            Originally posted by Never-In-Doubt View Post
                            Funny I got my Ombudsman ruling on Friday as well.

                            They like to give bad news before taking time off
                            Still have not had mine 11th April they gave the bank 2 weeks to respond thats 8 weeks now.

                            Comment


                            • #15
                              Re: Am I going mad?????

                              IA's response sent NIDDY

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