mortimer clarke and HSBC

[gunslinger757]

Re: mortimer clarke and HSBC

Right I haven't managed to scan it but i have opened a flickr account, where you can see the forms.

http://flic.kr/p/8vbVmd

the text in the particulars of claim is as follows

"by an agreement in writing between HSBC bank plc (HSBC) & and the defendant dated 15/08/2000 (the agreeement), HSBC agreed to provide the defendant with a current account facility upon the terms and conditions set out therein.
the defendant has withdrawn monies from the said account such that the balance exceeds the agreed overdraft limit and has remained in such an overdrawn position despite requests by HSBC to rmedy this. The agreeement was signed by the claimant on 12/10/2007.
The claimant has complied with sections III & Iv of practice direction - pre-action conduct.
THE CLAIMANT THEREFORE CLAIMS:
1.867.12
2. interest pursuant to section 69 of the county courts act 1984, namely 390.51 & continuing until judgement or sooner paymnet at the rate of 0.19"

and the form is signed by mortimer clarke solicitors. Surely if they are acting for phenix, they can't say "get the docs off them". either they are dealing with the case or they aren't!

[shamen]

Re: mortimer clarke and HSBC

Righto its a bit better now I have seen the original claim form. Fire off the CPR 31.14 to the Claimant address (one in luxembourg), signed for is going to be extra for that distance but you need it. Next day if you can. Im not sure if the solicitors have to respond to your CPR request as its the claimant who has that responsibility. You could argue in court that the form said 'send documentation to' but its probably easier to just to to get the docs from the claimant as it looks like you are making efforts to sort your defence. What we are hoping for is they cant help you which makes you look like the good guy to the judge.

Did you get your response sent to the court? whens the last day for defence due?

1. not respond
2. respond but say they are looking for it and will respond in the future (they should give a date)
3. send the docs

If item #1, then file your N244 with the court. If item #2, write back to them and accept their date as well as send a letter to the court notifying them of the 'mutually agreed extension' to the case. If item #3 then we can see if its statute barred.

Whens your defense due in?