HSBC, MKDP Claim

[Arif]

I am at present appealing against a decision made in the RCJ county Court on the basis of Section 78 and section 87 & 88, Any help from any one will be appreciated.
To update further, I have one big problem of getting Transcript of Judgement. because of the last minute change of the venue, nobody has the court room number for recording of the judgement, Tried Transcript office, sent mails to every possible office to find any answer without success. Transcript office sent some recording to my transcriber, but they found no Audio in it. They requested more audio but still waiting for any progress. Court date is mid Oct.2015.
Any suggestions?

[nemesis45]

Re: HSBC, MKDP Claim

I am at present appealing against a decision made in the RCJ county Court on the basis of Section 78 and section 87 & 88, Any help from any one will be appreciated.
To update further, I have one big problem of getting Transcript of Judgement. because of the last minute change of the venue, nobody has the court room number for recording of the judgement, Tried Transcript office, sent mails to every possible office to find any answer without success. Transcript office sent some recording to my transcriber, but they found no Audio in it. They requested more audio but still waiting for any progress. Court date is mid Oct.2015.
Any suggestions?

Hi welcome to LB,
Was this a hearing in chambers or open court?
You have gone down the correct (only) route for getting the transcript so far.
Have you had a copy of the judgement order yet?

Without knowing what your case is all about it's difficult to advise on the CCA '74 matters.

nem

[FlamingParrot]

Re: HSBC, MKDP Claim

Hi and welcome

It would help if you gave us a bit more detail about this, presumably you are trying to appeal a judgment that went in favour of MKDP, was this decided after a proper hearing or was it just a summary judgment application?

When you mention s.78 and s.87, are you saying they did not provide you with a true or reconstructed copy of the agreement or was the agreement defective? With the s.87 issue, did you have a DN that was non-compliant? We really need to know more. :typing:

[Arif]

Re: HSBC, MKDP Claim

Hi and welcome

It would help if you gave us a bit more detail about this, presumably you are trying to appeal a judgment that went in favour of MKDP, was this decided after a proper hearing or was it just a summary judgment application?

When you mention s.78 and s.87, are you saying they did not provide you with a true or reconstructed copy of the agreement or was the agreement defective? With the s.87 issue, did you have a DN that was non-compliant? We really need to know more. :typing:

Yes it was a proper hearing, S78 and S87, they did not provide any true or reconstructed copy of the agreement but instead provided "terms and condition for HSBC accounts started in 2007" without my name or address. my account started in 2001.
They did not provide any DN in my name, instead provide one reconstructed in my wife's name who was a joint account holder but she was not made a party to the proceedings.

[Arif]

Re: HSBC, MKDP Claim

Thanks for the response, hearing was in open court. I am still not near to find the script. Can the hearing go without the script? Can I request a detailed notes of the judge as the Judgement order copy only shows the amount to pay.
It was a business overdraft, HSBC suddenly revoked the Overdraft and started charging overdrawn amount charges, which I objected to and offered to pay the original amount but without charges, and which they did not agree. Sold to MKDP, They failed to provide copy of the agreement and default Notice in my name, but provide reconstituted DN in my wife's name who was not made party to the proceedings, but she was a joint account holder with me.

[Arif]

Re: HSBC, MKDP Claim

Any thoughts or advise on the matter?:colbert:

[Kati]

Re: HSBC, MKDP Claim

:bump2: for [MENTION=37786]FlamingParrot[/MENTION] [MENTION=55034]nemesis45[/MENTION] ??

[nemesis45]

Re: HSBC, MKDP Claim

:bump2: for @FlamingParrot @nemesis45 ??

Got it Kati

Thanks
nem

[nemesis45]

Re: HSBC, MKDP Claim

Thanks for the response, hearing was in open court. I am still not near to find the script. Can the hearing go without the script? Can I request a detailed notes of the judge as the Judgement order copy only shows the amount to pay.
It was a business overdraft, HSBC suddenly revoked the Overdraft and started charging overdrawn amount charges, which I objected to and offered to pay the original amount but without charges, and which they did not agree. Sold to MKDP, They failed to provide copy of the agreement and default Notice in my name, but provide reconstituted DN in my wife's name who was not made party to the proceedings, but she was a joint account holder with me.

You can get a copy of the transcript but will I expect have to pay for it, the court manager will be able
to point you in the direction of the transcriber(s) again the judge would have made written notes prior to
the judgement.

Make a formal complaint to the court manager is the best route, and with cost other than for the full transcript.

nem

[Arif]

Re: HSBC, MKDP Claim

I was hoping you give me advise on CCA'74

[FlamingParrot]

Re: HSBC, MKDP Claim

Can I ask how much was the judgment for?

[Arif]

Re: HSBC, MKDP Claim

Can I ask how much was the judgment for?

Not a lot, £2400, I offered the full payment to HSBC minus the wrong charges, but they declined to take charges off. It is a fight in principals.

[nemesis45]

Re: HSBC, MKDP Claim

I was hoping you give me advise on CCA'74

CCA 1974 doesn't apply to OD's.
What is it you want to know.

nem

[FlamingParrot]

Re: HSBC, MKDP Claim

I am at present appealing against a decision made in the RCJ county Court on the basis of Section 78 and section 87 & 88, Any help from any one will be appreciated.
To update further, I have one big problem of getting Transcript of Judgement. because of the last minute change of the venue, nobody has the court room number for recording of the judgement, Tried Transcript office, sent mails to every possible office to find any answer without success. Transcript office sent some recording to my transcriber, but they found no Audio in it. They requested more audio but still waiting for any progress. Court date is mid Oct.2015.
Any suggestions?

Thanks for the response, hearing was in open court. I am still not near to find the script. Can the hearing go without the script? Can I request a detailed notes of the judge as the Judgement order copy only shows the amount to pay.
It was a business overdraft, HSBC suddenly revoked the Overdraft and started charging overdrawn amount charges, which I objected to and offered to pay the original amount but without charges, and which they did not agree. Sold to MKDP, They failed to provide copy of the agreement and default Notice in my name, but provide reconstituted DN in my wife's name who was not made party to the proceedings, but she was a joint account holder with me.

I assume the current account was in yours and your wife's names rather than a limited company from what you say above, or was it a company account and you and your wife provided personal guarantees?

In any case, s.78 of the CCA does no apply to overdrafts, it refers to credit cards. The requirements of ss.87/88 wouldn't be applicable either. That's probably why the judgment went against you despite the perceived failings your describe above, and I can't see any appeal on the basis of the sections you quoted above, succeeding. :mmph: Non-compliance with ss.77/79 is a bar to enforcement but only for the types of accounts covered by those sections. An overdraft is not a credit agreement as such, is a facility attached to a current account so there wouldn't have been a credit agreement to start with.