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

[mysticphoenix666]

Re: Need help with a court claim please

I don't understand why it would not count just because of the claim form date, is there a reason why this would be the case?

sorry if i should understand this but i don't

[mystery1]

Re: Need help with a court claim please

Because the claim was started within the deadline.

Statute barred could yet come in to play if the claim is struck out.

M1

[mysticphoenix666]

Re: Need help with a court claim please

So i have figured out how to alter the doc they sent i just hope it is uploaded ok. this is what they have sent for the Credit Agreement, and to me it looks like there is some missing as there was PPI on the loan and i am sure there was a page to sign accepting the PPI.

There are 9 pages so will put on two posts.

[mysticphoenix666]

Re: Need help with a court claim please

Last 4 files

[Gorang]

Re: Need help with a court claim please

I just noticed something on the documents which I am not sure will be relevant or not, but thought worth mentioning anyway

at the bottom of the docs there is a time/date 28/11/2013 10.00

so by looks of it they could have been sitting on them for last 7 days before producing them to you

[mysticphoenix666]

Re: Need help with a court claim please

yes i did notice the date on the bottom, on the transaction list they have sent me that too has a date on but of the 27th November 2013. I just wander why they told me on the telephone on the 4th that they still did not have the doc's to send to me and if i hadn't disclosed that i would be applying for an n244 order if they would of even sent them to me.

my next question is what do i do now as they have provided one of the doc's from the particulars of claim but not the default notice which they state in their email that they will provide in due course and not the notice of assignment which they say they reckon they have sent.

[mystery1]

Re: Need help with a court claim please

Well now you have to start thinking of your defence.

Had you have obtained your unless order then they'd have failed to comply. I doubt you'd get one now so it's not worth an application in my opinion.

You mention you had issues with them and that is why you stopped paying. I see there is ppi. Did they ever send a default notice or notice of assignment and might you still have them ?

M1

[Amethyst]

Re: Need help with a court claim please

Looks all enforceable to me.

PPI you can reclaim if missold, seperately, but otherwise looks like you need to sort out an admission and offer to pay, of course depending on what your dispute on the debt was.

Default notices and NOA are far too easy to knock up to rely on non receipt of them in a defence in my opinion.

[mysticphoenix666]

Re: Need help with a court claim please

Well now you have to start thinking of your defence.

Had you have obtained your unless order then they'd have failed to comply. I doubt you'd get one now so it's not worth an application in my opinion.

You mention you had issues with them and that is why you stopped paying. I see there is ppi. Did they ever send a default notice or notice of assignment and might you still have them ?

M1

I had lots of letters at first, with the initial dispute i had to go to the FSA which they supposedly complied with then didn't. They used to send me a letter every month telling me i had 30 days to pay or they would take further action but then after 30 days i would just receive the same letter.

I am not sure if i ever received a default notice, if i did i will still have it somewhere.

I don't recall ever seeing a notice of assignment, i had lots of letters from different DCA's over the years but just ignored them, i think i still have all of them i just need to go through all my paperwork and find them out as because of the dispute i never threw anything away.

[mysticphoenix666]

Re: Need help with a court claim please

Looks all enforceable to me.

PPI you can reclaim if missold, seperately, but otherwise looks like you need to sort out an admission and offer to pay, of course depending on what your dispute on the debt was.

Default notices and NOA are far too easy to knock up to rely on non receipt of them in a defence in my opinion.

Thanks, i thought it would be.

As for the PPI i wouldn't know if it was mis-sold or not or where to start with that, i do remember the bank sending me a form to fill in last year saying i may get a refund for PPI i had but they would have to investigate which obviously i had no intention of acknowledging the debt so never replied.

[mysticphoenix666]

Re: Need help with a court claim please

Okay so a little background information regarding the dispute.

I took the loan out in March 2007 as a renewal to a previous loan and to repay some debts. The first payment was due 15th July. I had some issues with the bank already regarding bank charges this was prior to all the stuff in the news. I had already opened a new account with a different bank due to the extortionate charges being applied every month.

So when the first payment came around i tried to get the bank to change the direct debit to my new account which they refused subsequently resulting in them presenting the DD every two weeks and failing i must of gone in to the bank hundreds of times to say look i have the money in my other account but i could not put it in my hsbc account as they would just take the money for charges and not the loan. I eventually gave up with the bank and went to the FSA with a complaint as i had the money and was willing to pay but they were refusing to cancel the original DD and set it up for my new account.

Finally in Aug 07 with the help of the FSA i received a letter from HSBC saying they would cancel the DD and accept payment from my other account. So i set up a standing order to pay from 18th september 07 every 4 weeks (as this is how i got my wages).

I then wanted to get all the charges removed from my hsbc account for all the DD's they had presented every two weeks when they knew i wanted to pay from another bank, this they also refused (leaving my hsbc account in arrears of around £700).
my original
For some reason that i do not know hsbc decided to go against what the FSA had said and reinstated the DD on my hsbc account in oct 07 and again preceeded to try and take this money every two weeks. When i found out about this i contacted the bank who said they were doing nothing wrong as they were just trying to get their money back.

I had made my payments as agreed from my other account but after they decided they were going to try to get two lots of money for this loan i informed i would not be paying any more as they had no authorisation to reinstate a direct debit on my account without my signature, and an account they knew was no longer being used.

Hope this helps and maybe someone might know if i have a case here as it was never about the money it was about the principal.

I did try to claim back all the bank charges when it all hit the news but they only offered me half of what was due and then when i appealed they reckon they didn't receive it until the day after the courts ruled they no longer had to pay up so they dismissed my appeal.

[mystery1]

Re: Need help with a court claim please

You need to start the ppi reclaim, if it applies to you, asap.

You need to look for any notice of arrears notices under s86b of the cca 1974 as it could save on interest and reduce an default sums too. http://www.legislation.gov.uk/ukpga/1974/39/section/86D

I'd also look at unfair relationships http://www.legislation.gov.uk/ukpga/...-relationships not something i'm au fait with and not sure it'll apply since the claimant isn't the bank.

M1

[mysticphoenix666]

Re: Need help with a court claim please

thanks for your reply M1.

I have no idea whether i have a claim for PPI and wouldn't have a clue where to start.

Is there anyone who would have an idea regarding my situation, i know it is a strange one and i always hoped it would be the bank itself that would issue proceedings but it never did.

Thank you for the links but to be perfectly honest i don't understand any of it.

[Amethyst]

Re: Need help with a court claim please

Okay. Have a look through the T&Cs with your credit agreement and find the bit that says payments must be made from your HSBC account.

It would be interesting, and potentially useful, to see the letters between the FSA and yourself over this issue.

Unfair Relationship....possibly, lets check the terms.

So, you took a loan out with HSBC, due to their bank charges your HSBC account was overdrawn and in dispute and HSBC were aware of this. You asked HSBC to take the loan payments from an alternative account whilst you sorted your dispute and they refused, applying more charges by representing the DD, pushing your account further into the red.

Did you try and cancel the DD via your account or just through the loan side ?

Did you try and make payments to the loan directly but were refused because they insisted on taking them by DD ?


It has been a while since I've dealt with an unfair bank charges relationshippy case so I'll have a read back over some old threads.

It COULD be a possible defence but this is a complex issue and will need solid ground work....and evidence.

So how long have we got before the defence is due in?

Have you submitted a SAR ?
Did you get a SAR when trying to reclaim your bank charges - with transaction lists on for your current account ?

as much information / documents / evidence as you can get together, do it

No promises, and I wish you'd mentioned all this in your first post, but it is certainly worth looking at properly.

[Amethyst]

Re: Need help with a court claim please

Also what is the status of your HSBC current account now ?