Court claim issued by HSBC on a faulty DN & TN

[jumper999]

Re: Court claim issued by HSBC on a faulty DN & TN

Gordon Bennett, what a show down,

First I would like to thank you all for posting on my thread, I am not happy that any thread turns in a tit for tat arena. People post on forums like this as they need help and when things turn funny then they think they are in the Rocky movie.

We should have a thread just dedicated to have digs at each other, we can call it the getting it off your chest? or Want to blow off some steam? or Who do you not like today on here? anyways I have more important issues to address at present.

PT to answer your question after receiving the DN [faulty} I did not make any payment, and yes I did accept HSBC's unlawful repudiation.

Ed, I think that you have hit the nail on the head with the unfair bit. If I could some all of this up then I would say that HSBC have acted beyond reasonable and I will prove that. I do admit that I do like the idea of going to court, guess no one does but when someone feels that an injustice has been done to them then sometimes there is no choice.

I have never been one to run from my responsibilities, and have always taken them very seriously. Never did I have any intention of trying to get out of not paying, my record with HSBC will show that, though as it has been suggested that this will make no difference.

Regardless of what some posters opinions are and I appreciate the warnings, but I would be shocked if after hearing the full facts of my case that the judge will not turn around slap HSBC on the face.

I know all the horror stories that can go wrong, but I know and I believe that I have done nothing wrong.

I think if I defended on the unfair relationship case then HSBC will bottle out as they will not want this information to come out at all. I believe that I have been severely prejudiced, and slowly losing my mind with worry, one minute I am thinking I should agree and admit all, next minute I am thinking I need to defend.

The court will look at each case on their own merit and circumstances, and I do not believe that I need to be afraid. If I contacted HSBC prior to any hearing and said I would like to settle before court and agree to pay x amount each and yes say to the you were right all along and I was wrong but please would you agree............and then they turn around and say mmmmmmmmm naah, think it's better if we go to court, don't know if they work on commissions here , the more people they take the more payouts they get, sorry just being silly,

Then I will have no choice but to go to court and put a defence and my side of events in.

[pt2537]

Re: Court claim issued by HSBC on a faulty DN & TN

how did you accept it?

i do believe that it needs to be communicated

did you write to HSBC?

[jumper999]

Re: Court claim issued by HSBC on a faulty DN & TN

Thanks guys LA & pt,

Right here is why I feel that HSBC have been unfair.

I am not going to rely on the DN too much even though it is I believe 4-5 days short, if we can count the Bank Holiday that came in between the 14 days given to remedy, but my DN did not say within 14 days, its said I must pay by 2 June 09, guess it is the same thing hey?

After receiving my DN I was in negotiations with HSBC to reach a settlement to pay, and then at the end of June 09 they went and demanded the full payment and terminated my agreement. There was no need for them to have done this at all, and I was really upset when they did, because I had received a lot of advice from various agencies, cccs and national debt line that as it is unsecured debt you can offer token payments of £1 a month..........I was offering more than this , HSBC then passed mt debt to MSCL and then DG Solicitors,

What I want to concentrate on is the build up prior to getting served with a DN, I need to list the events that took place and what I did to remedy them, I have received a letter from my credit file people in writing and they have confirmed it to me when HSBC registered my debt and even though this may not be important but explains why the treated me like they did.
------------------------------- merged -------------------------------

how did you accept it?

i do believe that it needs to be communicated

did you write to HSBC?

Yes pt I did write it down and I received a reply, I will post it up, give me a few minutes please

[Lord_Alcohol]

Re: Court claim issued by HSBC on a faulty DN & TN

LA

Brandon did not find that prejudice was necessary, HHJ Denyer found that there was no prejudice in failing to be given the 14 days and that was what he based his judgment on, wrongly,

There are protection mechanisms that could have been utilised, such as a time order, or an argument of unfairness, but there is no magic gem that is gonna pop up and write off this debt in my opinion, i just cant see it.


EDIT**

Also, i would add that each case turns on its own facts, if it is established that while the default notice shows less than 14 days, but you make no effort to remedy the breach, then you are unlikely to convince a judge that you have suffered prejudice of any kind.

Agree with you there pt.

A couple of questions: did Denyer make his decision using the fact that Brandon made no effort whatsoever to discuss/deal with Amex beforehand, and is jumper really trying to get the debt wiped?

I think with jumper's case the additional time that should have been stated could have been of real benefit; she was clearly trying to sort this out and may have had a chance to remedy with the full timescale clearly marked. Hence, IMHO, substantial prejudice directed against her.

I don't think it's jumper's aim to have the debt wiped, hence all the attempts to get HSBC to accept a temporary payment plan. It's clear to me that jumper is not in the Rankine camp, but just someone who's had hard times and is refusing to turn her back on her debts.

pt, do you think that s140 might help?

LA

[jumper999]

Re: Court claim issued by HSBC on a faulty DN & TN

Ah thanks LA,

Yes that is true, believe me I have never been the one to run from my debts, If there was a magic wand that we could wave and have our debts written off then hey who wouldn't..........but until that wand appears we are going to have to face reality.

[Amethyst]

Re: Court claim issued by HSBC on a faulty DN & TN

http://www.lendingstandardsboard.org...endingcode.pdf

I agree that Jumper has been treated poorly by HSBC and the lending code would seem to agree, and may add some weight to an unfair relationship argument.

However, legally, and undr the CCA, the terms of the agreement were breached in that the contractual monthly payment wasn't made, therefore a default notice is in order, though the bank should have given more time (breathing space if you look at the lending code) for jumper to get things sorted and back on track.

Far too many lenders jump into court as soon a FH is mentioned and refuse to accept a DMP voluntarily preferring to get it secured by a CCJ / Charging Order. I don't think they should be allowed to do this until a first voluntary arrangement is breached as if a voluntary agreement is kept up as a temporary measure till consumer is back of their feet again and able to resume proper payments, even taking a hit with additional interest added (thus more profit to the bank) they really have no need for a CCJ, and the consumer gets an arrangement marker on their credit file now anyway so the responsible reporting issue is a non issue.

(I havent read the whole thread so sorry if you already looked at it from the lending code angle - trouble is in court it is the law that counts, but it would be lovely to get a ruling on breathing space)

[Guest]

Re: Court claim issued by HSBC on a faulty DN & TN

Hi

Yes Ame.
It is not point scoring it is trying to give advice that is both realistic and proven, introducing unproven and unrealistic methods into a debte like this helps no one,least of all the OP.

There are actions that can be taken here that will help but the difficulty is getting them accross through a sea of frankly unhelpful and irrelavant legal speak

Peter

[jumper999]

Re: Court claim issued by HSBC on a faulty DN & TN

Thank you peter & Ame

[jumper999]

Re: Court claim issued by HSBC on a faulty DN & TN

Since the banks are allowed to make reconstructed agreements since the Carey v HSBC case, does the recon agreement have to be exactly the same as the original or just similar?

[pt2537]

Re: Court claim issued by HSBC on a faulty DN & TN

it must be a true copy

[The Debt Star]

Re: Court claim issued by HSBC on a faulty DN & TN

kinda hard to prove though aint it? might be useful to have a thread posting up typical CCAs for any given year on this forum? or is there one already?

[middenmess]

Re: Court claim issued by HSBC on a faulty DN & TN

kinda hard to prove though aint it? might be useful to have a thread posting up typical CCAs for any given year on this forum? or is there one already?

The DCA's would then have something to copy from!!!

[jumper999]

Re: Court claim issued by HSBC on a faulty DN & TN

Thanks pt, I was just having a smile reading some of your comments over on the CAG forum, well done for you.

Anyway sad news is that my bloody internet connection is down and I have to use my sisters, and the kids are driving me up the wall. But this is important.

My OH took out his agreement in March 06 and I in Jan 06, his agreement is 7 pages long and it is as I remember now exactly the same as mine. I have also found his DN, which like mine is faulty but he is already in a payment plan with HSBC so that don't matter.

I know that the cca agreement that HSBC sent me is a recon, no doubt. Me & OH had exactly the same cards and everything the same but our copies are very different and I know mine was exactly like his but as I do not have the original will be my word against theirs.

How would one know what the true copy is? what would we compare it to, I mean if the customer has lost theirs then they can only take the word (and the copy recon or not) of the lender.

[Amethyst]

Re: Court claim issued by HSBC on a faulty DN & TN

The DCA's would then have something to copy from!!!

I started one in VIP a few days back. Legal Beagles Consumer Forum - in VIP so banks can;t see it, but they can just google image search on say HSBC CCA or HSBC LOAN AGREEMENT to find hundreds of the damn things lol so not too worried about that ( eg. hsbc cca - Google Search )

[Angry Cat]

Re: Court claim issued by HSBC on a faulty DN & TN

The DCA's would then have something to copy from!!!

Yes, defeat the object...