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It sounds as though
should cover things. See if they reply to your defence at all. Anything in the SAR from HSBC about your previous complaints about the account having been set up incorrectly ? What are the other pages of that sales acknowledgement document ?7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgement has been made for over 6 years.#staysafestayhome
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only recorded complaint was by me in 2014, complaints were made to account manager verbally previous but no proof of that.Comment
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not sure if these are relevant but will post anywayComment
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Hmmm - there wasn't an overdraft facility on the account, but there was a 'card' - a business credit card possibly? HSBC are quite known for amalgamating all other debts and calling it an overdraft so #I wonder if the £3k limit on the card was exceeded, defaulted and chucked onto the account as an overdraft - then charges etc applied to that - have they ever sent you copies of the statements to show how the debt accrued ?
2019-06-24 18_13_56-Microsoft Edge.png#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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The overdraft (£5k) was put on in 2011, i have the same as above which i believe shows this. Yes i have statements (now, never appeared when i requested all this in 2014), debt went up quickly with cash withdrawals, 1st being £1ki believe, left all paperwork at work but did have a couple of reads through it all, the last year, maybe more was literally charges.
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just been having a look at the statements, seems they allowed nearly 5k to be withdrawn by cheques for cash within the first 2 months without even having an OD set up, can't even see the card being used.Comment
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update - received this from the court, dated 11th June, not heard a thing since and no updates/changes on MCOL. Am i to assume it's stayed and they are not even going to notify me? I assume 28 days means 28 days! even allowing say 5 days after date i make that 44 odd.Comment
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
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If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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