CLAIM STRUCK OUT !!!! Need help with a court claim please

[mysticphoenix666]

Re: Need help with a court claim please

Good stuff. We can add those in then so it is clear the effect it had on the account.

Just for example....

10. On or around xxxxxx I visited the HSBC branch at XXXXXXXX to amend the account from which Direct Debit payments for the loan would be taken.

11. On 15th June 2007 HSBC claimed the payment from HSBC account no XXXXXXX. This payment was returned unpaid.

12. The Direct Debit was represented on XXXXXX and was returned again unpaid on XXXXXXX.

13. My HSBC account incurred a 'returned direct debit' fee of £xx which pushed the account further overdrawn.

14. My HSBC loan account was charged a late payment fee of £XXX

15. I contacted HSBC on XXXXXXXXXXXX about the Direct Debit being presented to the wrong account

They presented the dd every two weeks,
They never charged any late payment fees only applied charges to my current account,
They didn't present to wrong account just wouldn't cancel it until fos stepped in,
And I can't remember when I visited the branch it's that long ago.

Could I also state that this account is now statute barred as of November 12th, as even though I replied to the summons I had not acknowledged the debt

[mysticphoenix666]

Re: Need help with a court claim please

receiving a refusal in writing from HSBC. (See Exhibit B)

What was their reason in that letter?

Their reason was that they cannot cancel a dd unless the loan is paid in full

[Amethyst]

Re: Need help with a court claim please

Good stuff. We can add those in then so it is clear the effect it had on the account.

Just for example....

10. On or around xxxxxx I visited the HSBC branch at XXXXXXXX to amend the account from which Direct Debit payments for the loan would be taken.

11. On 15th June 2007 HSBC claimed the payment from HSBC account no XXXXXXX. This payment was returned unpaid.

12. The Direct Debit was represented on XXXXXX and was returned again unpaid on XXXXXXX.

13. My HSBC account incurred a 'returned direct debit' fee of £xx which pushed the account further overdrawn.

14. My HSBC loan account was charged a late payment fee of £XXX

15. I contacted HSBC on XXXXXXXXXXXX about the Direct Debit being presented to the wrong account

[Amethyst]

Re: Need help with a court claim please

receiving a refusal in writing from HSBC. (See Exhibit B)

What was their reason in that letter?

[mysticphoenix666]

Re: Need help with a court claim please

yes have the dates on the statements

[Amethyst]

Re: Need help with a court claim please

Do you have the dates on your statements of the attempts to take the DD from your HSBC account and the resulting charges etc ?

Working through the WS now.

[mysticphoenix666]

Re: Need help with a court claim please

1. I make this Witness Statement in support of my defence.


2. I had held my account with the HSBC since I was approximately 11 years old back when the bank was known as Midland Bank Plc.

3. I applied for the loan in question on the 28^th March 2007.

4. I had a few financial issues and made a claim to the HSBC for repayment of bank charges on the 22^nd May 2007. (See Exhibit A)

5. Due to the state of my current account and the adverse effect it was having on my already poor financial situation I opened a new account with Barclays Bank Plc in May 2007 to try and regain control of my finances, which due to bills already being in arrears took several months to achieve.


6. I contacted HSBC by telephone and in branch on numerous occasions to try and get the Direct Debit altered so I could pay my loan from my new account as the first payment was due on the 15^th June 2007, these attempts were unsuccessful.

7. I was forced to contact the Financial Ombudsman Service to request help in getting the Direct Debit cancelled in September 2007 after receiving a refusal in writing from HSBC. (See Exhibit B)

8. I then received daily for a week then 2 on the same day letters stating my account was in arrears and that I needed to pay to bring it back upto date. (See Exhibit B1-B9)

9. I had to change my phone number due to the excessive number of calls I was receiving, sometimes more than 10 per day mostly after 6pm and some even after 11pm at night even at weekends.

10. I received a reply from the FOS dated 23^rd November 2007 (See Exhibit C) and a reply from HSBC dated 29^th November 2007 (See Exhibit D) stating they had cancelled the Direct Debit and that they had received payments from my new account on 18^th September, 16^th October and the 13^th November.

11. I then received a letter from HSBC dated 30^th November 2007 (Exhibit E) demanding immediate payment of both the outstanding loan and the amount overdrawn on my current account.

12. I contacted HSBC asking why I had received this demand (via telephone) and was told it was because I had broke the agreement even though I had fought to make alternative arrangements with the help of the FOS.

13. I then learned that although I was informed by letter (Exhibit E) that the Direct Debit had been cancelled that it was still in place and was not cancelled until they had tried to take another payment on the 14^th December 2007. (See Exhibit F)

14. The payment that was taken in December should not have been presented as per their agreement in Exhibit E, was also omitted from my bank statement that I was sent through the post. (See Exhibit G)

15. I contacted HSBC via telephone with this information which they stated was not the case and that no such payment had taken place (they referred to my bank statement), I had gotten this information from my online banking service for my loan account.

16. After this phone call they froze my access to my online banking service and refused to send me any paper statements for my loan account.

17. I contacted HSBC again and advised them that I would not be making any more payments to my account due to the harassment and poor service I was receiving even though I had tried my best to rectify the situation and advised them that I would see them in court as they had threatened court action.

18. HSBC continued with its harassment and then with no authorisation from myself or the FOS took it upon themselves to reinstate the original Direct Debit with effect from the 3^rd March 2008 (See Exhibits F, H and I) causing my account to go further overdrawn, after which they also ceased sending me any more bank statements for my current account.

19. I had no further contact with HSBC after this point by any means except for letters from various Debt Collection Agencies and solicitors over the last 6 years. (See Exhibits J)

20. I have never received a default notice from HSBC regarding either of my accounts and I have yet to receive one from the Claimant under my CPR 31.14 request sent on the 4^th November 2013.

21. Statement of Truth:

[mysticphoenix666]

Re: Need help with a court claim please

Sorry for the delay in getting back to you had a bad week, I had some family emergencies.

I'm now cutting it really close but think I will get there, I will be writing my ws and defence today after a short sleep.

I have found out all my paperwork and got it all in order, I did receive a notice of assignment and what I think is the lba although it mentions pre-action protocols there are no costs or prices etc on and no legal spiel. I have never received a default notice.

I now remember why I stopped my payments, not only was my new bank account suffering but I received a final demand for payment in full of my outstanding amount on the 30th November 2007 after my 3rd instalment from my new account I had not missed any since agreeing to pay from my new account, so this with the harassment in the form of letter almost everyday in October and up to 10 phone calls a day mostly after 6pm and the reinstatement of the DR was the last straw.

I will post up my as and defence tomorrow, I know it is Christmas and everyone is busy but would really appreciate a quick reply as I need to send them asap as they are due by the 28th December.

Thanks in advance

[Gorang]

Re: Need help with a court claim please

What could be a good idea is (as I seen Amethyst advise on another thread) if you make a witness statement (WS)

What has happened and when, from day 1

You will need a WS to submit with a defence anyway and it can also give us a very clear picture of everything that has happened and when it happened to see what we could use as arguments in a defence for you

Stick to the facts when you make the WS, only put in what has actually happened

on xx/xx/xxxx I opened current account
on xx/xx/xxxx I applied for a loan
on xx/xx/xxxx HSBC did this and said that and sent this (exhibit A)
on xx/xx/xxxx I said this, did that, sent this to HSBC (exhibit B)

You get the idea

[mysticphoenix666]

Re: Need help with a court claim please

Thank you for your help so far.

I have received a letter from MKDP enclosing what they say is the notice of assignment, I have never seen this letter before now.

I will be going through all my paperwork tomorrow to gather all the relevant doc's together in one file.

I still have not received a copy of the default notice that was supposedly sent by hsbc apparently they can provide it in due course whatever that means so i am assuming that with the credit agreement, and transaction list for the loan account they will say they have complied with the CCA request and the CPR 31.14 by way of the credit agreement and the notice of assignment.

I have 17 days to prepare and send my defence, obviously with it being christmas i don't know if this will affect any timescales ie receipt of emails etc

Any advice would be greatly appreciated on where i would start on putting my defence together and how to present it.

Thanks

[Gorang]

Re: Need help with a court claim please

also the DD did have an impact on my new account as alot of my bills had gone unpaid due to charges taking my cash so when the new account was opened and i transferred my bills alot of them tried to take what was owed immediately and caused me to have charges on my new account, there was no way i could juggle two lots of charges so made my priority getting my new account sorted.

YES this is good news to form a defence

You have to change banks to get control back as HSBC would NOT help you by stopping the charges
When you do change banks all ceditors then swamp you as its been so long since they got their money BECAUSE of HSBC charges

Sumit has to give, so you cancel the loan payments (the loan and bank that has caused all the mess) to allow other creditor to take priority (hopefully creditors like electric, gas, food, or other essentials to allow you to live)

As the 2nd DD set up is STILL being affected by the loan and HSBC then I think this has now brought what M1 said, back in play

The fact her funds were dwindling due to this has a direct impact on the ability to repay, no ?

the 2 separate issues now become 1 again, with the only difference being a different bank account but STILL the same issue

As long as it can be proved that the HSBC's loan and charges affected your 2nd account then this changes things and gives you a fighting chance as it gives you a GOOD reason for cancelling the 2nd DD for the loan


ie.
Cancelling the 2nd DD because they were trying to take payments from 2 accounts at the same time when one account is already overdrawn is NOT a GOOD reason

Cancelling the 2nd DD because living had to take priority, and, it was HSBC and their loan that caused living to take priority, IS a GOOD reason

[mysticphoenix666]

Re: Need help with a court claim please

Possibly interesting thread and letters for reference http://www.legalbeagles.info/forums/...urrent-account

thanks amethyst,

I do know that the loan i had was setup with an actual DD i have the DD mandate that i signed so it could and should of been cancelled.

Not quite sure how this would help my situation though, but looking at the other posts it would appear i don't have a case to defend as i should of paid their unlawful charges and put myself into a worse financial situation than i was already in.

Also i don't know if this is relevant but i am not currently working at the moment so have no funds to pay them much more than a £1 month.

[mysticphoenix666]

Re: Need help with a court claim please

firstly sorry for not getting back to you sooner having issues with my internet.

The first payment on the loan would of gone out as it should but the bank applied around £230 in charges a few days before so it took the money that was there to pay the loan. I tried getting the bank to return these charges as i was having some financial issues at the time which was why i had previously renewed the loan i had with the bank to try and sort out other debts i had.

Up until this point my account had been in good status pretty much all the time, if it would of been possible for the bank to return the charges none of this would ever of happened. But that wasn't the case and as they had already taken my loan payment to cover these charges (extortionate charges i might add) i had no other funds to make the first payment resulting in it all spiralling out of control.

No i did not attempt to pay any of the charges applied after this time as all the charges that are outstanding are due to the bank presenting the DD every two weeks. I don't see why i should pay charges that were imposed when the bank had no right to present a DD without authorisation when they had already been requested by the FSA to cease.

I believe the current account debt doesnt bear any significance whatsoever now as it is well over 6 years since i had any transactions to do with it, the only significance it bears is on the original dispute regarding the DD which is a big part of the withheld funds.

also the DD did have an impact on my new account as alot of my bills had gone unpaid due to charges taking my cash so when the new account was opened and i transferred my bills alot of them tried to take what was owed immediately and caused me to have charges on my new account, there was no way i could juggle two lots of charges so made my priority getting my new account sorted.

hope this makes sense.

[Amethyst]

Re: Need help with a court claim please

Possibly interesting thread and letters for reference http://www.legalbeagles.info/forums/...urrent-account

[Gorang]

Re: Need help with a court claim please

The fact her funds were dwindling due to this has a direct impact on the ability to repay, no ?

First time (original DD), yes, when the loan was being paid by the HSBC account, can wholeheartedly be argued that it would of affected her ability to pay the loan

but the claimant is likely to argue that

once the new standing order was set up with a different bank and a different account which is not with HSBC then, no, as she has then got back control of her finances again and her income's are not being lost to unpaid DD charges, therefor does not affect her ability to repay, therefor no reason to cancel payment the 2nd (last) time

Hopefully it can be argued that the charges applied to the HSBC account (after the new SO was set up) did impact on her ability to pay, but this could only be argued, if she was paying money into the HSBC account to clear that debt, after the loan payment was moved to another bank

The Fact that HSBC has reinstated the DD to the original HSBC account, Yes its wrong (and needs dealt with) but it bears no affect on paying the loan from the new account once the payment for the loan had been moved to another bank, only thing that's going to happen here is the HSBC account debt will get bigger as a result of more unpaid DD charges, which now becomes a new separate issue from the loan payments


Mysticpheonix, did you paying anything towards the HSBC account debt while you were paying the loan payments AFTER you moved the loan payment to another bank????

I really hope you did