HSBC DG Solicitors

[teaboy2]

Re: HSBC DG Solicitors

We also wondered about doing that in shep's case but what we came up with was
we thought that the unless order with a nice kick to it would have more affect and the judge would need to have a good reason to reject it

but if we just applied for a strick out due to abuse of process then the judge could and probaly would allow them to continue, with him just giving them leniency, and he would not need to base his reason on much at all for this

We just felt that the unless order would have a better chance of the claim being struck out or dismissed

What you think? ?

Or do you know of any way we can make the app for a strike out stick and force the judge to have a bloody good reason to allow them to continue other than him just giving them leniency due to almost nothing? ?



O just remembered

Barton can you also check your CRA reports with experian, equifax and call credit to see what they have recorded for the default date on this account please

It will only be with one of the CRA's but there is no way in telling which one of the 3 they will have used

With a bit of luck it will be on the 27/11/09 but I suspect it will be after that

With the admended defence i.e invalid DN making the debt unenforcable as it did not allow for postage, then i see no reason why we could not get a strike out for abuse off process, because if there is only 14days between the date of the DN and the remedy date then their is no argument they can use to claim it was valid. Though as you said their is always the chance the judge will be lenient on DG and allow the claim to go ahead.

[Gorang]

Re: HSBC DG Solicitors

Barton I just want to make sure of the dates here

Call credit shows the account was defaulted on 08/11/2009
Default notice is dated 13/11/2009
Default notice remedy date is 27/11/2009

so they actually defaulted you 5 days BEFORE they sent you the Default Notice

If this is correct then this is more amo we have against them

Mmm yes check the other 2 CRA's also, just for clarification as it will not do any harm

[teaboy2]

Re: HSBC DG Solicitors

Barton I just want to make sure of the dates here

Call credit shows the account was defaulted on 08/11/2009
Default notice is dated 13/11/2009
Default notice remedy date is 27/11/2009

so they actually defaulted you 5 days BEFORE they sent you the Default Notice

If this is correct then this is more amo we have against them

Mmm yes check the other 2 CRA's also, just for clarification as it will not do any harm

Barton, once you have checked the other two CRA's remember to call them before the end of the free trial period, to cancell your membership. Otherwise they will charge you monthly subscription.

And as Gorang Pointed out - They should not be putting a default on you credit file till 30 days (i believe) after the remedy date, as basically they have already predetermined your not going to remedy, where if you had such default on your account would be libellous. As you didn't remedy, then the Default on your account is still libellous and the DN was invalid, and therefore the default on your account is inaccurate as, under law, without a valid Default, then you simply have not defaulted - Atleast Technically you haven't.

So you will need to report them to the ICO for putting the Default on your file prior to issuing you a VALID DN. But see what dates are on the other CRA's first - though i expect them to be roughtly the same date.

[Gorang]

Re: HSBC DG Solicitors

Just had a thought teaboy

We could submit a app for strike out AND the unless order for valid docs and add a new embarressed defence with evedence showing the invalid DN and copy of the CRA report and the unenforceable CCA

that way every angle is covered and it also stands Barton in better stead (as it will all be on record) to show the court NOT to allow any further claims on the account in the future as they have clearly abused the process in 4 counts with this claim

what you think? ?

With all this evedence it explains why they have not responded to the defence going in, me thinks

[teaboy2]

Re: HSBC DG Solicitors

Just had a thought teaboy

We could submit a app for strike out AND the unless order for valid docs and add a new embarressed defence with evedence showing the invalid DN and copy of the CRA report and the unenforceable CCA

that way every angle is covered and it also stands Barton in better stead (as it will all be on record) to show the court NOT to allow any further claims on the account in the future as they have clearly abused the process in 4 counts with this claim

what you think? ?

With all this evedence it explains why they have not responded to the defence going in, me thinks

I think thats a brilliant idea Gorang, and certainly worth a shot. I can't see how DG or the OC, can counter that, aswell as their abuse of process lol.

I have to agree, i think they are aware of the recent High Court case that Link Financial lost where MBNA claimed to have supplied the terms in a seperate booklet (think it was Link case) and lost. Thats only reason i can think of as to why they have not responded to the defence and instead sent Barton that cheecky little letter begging for money and trying to point out terms contained in a booklet that was not actaully contained withing the same 4 corners of the agreement itself, as an attempt to try and mislead Barton into thinking his defence was wrong.

Must admit, if Bartons Defence was wrong, then what solicitor in his/her right mind would hold fire and not go for a default judgement? So they know the defence is good, so if we add to it with what you suggested, then it will seal the end of the whole sorry saga.

[Gorang]

Re: HSBC DG Solicitors

Sounds like a plan to me lol

I will get to work on this today

[Gorang]

Re: HSBC DG Solicitors

Barton can you let me know how you got the default notice and the copy of the agreementEDIT don't worry bout the CCA I have just found in the letter they sent you stating they included the CCA with that, but I still do need to know how you got the DN
ie did you send them any requests for them, if you did can you let me know the date and type (ie SAR or CPR) of your resquest you sent and also the date of their reply
or
did they include them as evidence with their POC
or
was the default notice sent out at the time

Also still confirm what you find with the other 2 CRA's please
O and also
Confirm if it is HSBC that has registered the default with the CRA's

[Gorang]

Re: HSBC DG Solicitors

Teaboy could you have a look at this attachments and see what you think please

Amended defence
N244 and Unless order

I am not sure if a seperate app like the unless order is needed or not (as I have never had to do that for anyone yet) for getting the case transferred to Barton's local court

[CleverClogs]

Re: HSBC DG Solicitors

Must admit, if Bartons Defence was wrong, then what solicitor in his/her right mind would hold fire and not go for a default judgement? So they know the defence is good, so if we add to it with what you suggested, then it will seal the end of the whole sorry saga.

Whilst a (successful) complaint to the Solicitors' Regulatory Authority should cap it off nicely.

[Gorang]

Re: HSBC DG Solicitors

Whilst a (successful) complaint to the Solicitors' Regulatory Authority should cap it off nicely.

one thing at a time CC, patience is a virtue sometimes, and beside if this works which I think it will, then we can look to see how many authorities we can make complaints to about this and make then all at the same time LOL

Anyway back to the Defence, N244 and unless order

Any comments or anyone see anything I have missed or got wrong

Apart from my speeling lol

[CleverClogs]

Re: HSBC DG Solicitors

Any comments or anyone see anything I have missed or got wrong

I did wonder if one should complicate matters somewhat by raising the question of whether or not the notices sent had complied with the 2007 regulations - link or the appropriate schedules thereof.

[Gorang]

Re: HSBC DG Solicitors

I did wonder if one should complicate matters somewhat by raising the question of whether or not the notices sent had complied with the 2007 regulations - link or the appropriate schedules thereof.

The only notice that has been sent is the DN and there is no regulation that I know of that lets creditor away with not giving the debtor 14 clear days to rectify the default

so the default notices has to be 14 clear days from when it lands on the mat, NOT from when they make it up (which is what they have done here)

If I remember rightly they have to give either 3 or 4 days grace for postage

Have you spotted or know sumit that takes away the postage time CC ? ?


EDIT

Barton I have to work long hours (6am to about 7 to 8pm) for a few days starting tomorrow so I will only be on here in the late evenings

But could you still answer the questions I set since your last post please so I can make sure there is nothing that needs to be changed

[Barton99]

Re: HSBC DG Solicitors

Thanks very much for your help.

I have just got back from travelling so will chase Credit agencies in the morn and post the dates you requested

Thanks

[CleverClogs]

Re: HSBC DG Solicitors

The only notice that has been sent is the DN and there is no regulation that I know of that lets creditor away with not giving the debtor 14 clear days to rectify the default

so the default notices has to be 14 clear days from when it lands on the mat, NOT from when they make it up (which is what they have done here)

If I remember rightly they have to give either 3 or 4 days grace for postage

Have you spotted or know sumit that takes away the postage time CC ? ?

No - the date of service must allow for the notice to be posted, under section 7 of the Interpretation Act 1978 - link

The reason I suggested you might care to look at the regulations is that it seemed not exactly impossible that the OC might have goofed by omitting some part or parts of the specified wording for the default notice, etc.

[MIKE770]

Re: HSBC DG Solicitors

Also might help:-