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

[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

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

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

[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:

[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

yes have the dates on the statements

[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?

[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

[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

[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

I can edit my as to reflect those changes.

Is my defence just the same with more detail?

Also do I need to send copies of all the exhibits with the ws and defence? If so I would presume I have to post it am I right

[Amethyst]

Re: Need help with a court claim please

Nope defence is the law bit xx I'm cooking tea at the mo, but will come back later/tmw morning and help you with it as much as I can. You have made a brilliant start just need to factualise things a little more.

When cancelling the DD did you tell them you wanted to set up an alternative and why ?


Page 7/9 in the scan copies http://www.legalbeagles.info/forums/...6&d=1386362687 ..... Personal Loan CCA (current account????) says about personal banking terms etc.

Did they open a new account for you to pay the loan from ?

I've just checked through the rest of the terms and nothing that states you must pay from a HSBC account.

[mysticphoenix666]

Re: Need help with a court claim please

Nope defence is the law bit xx I'm cooking tea at the mo, but will come back later/tmw morning and help you with it as much as I can. You have made a brilliant start just need to factualise things a little more. thank you I really appreciate the help.

When cancelling the DD did you tell them you wanted to set up an alternative and why ?
yes I said that as my account was overdrawn any money paid in for the loan would be taken for the overdraft

Page 7/9 in the scan copies http://www.legalbeagles.info/forums/...6&d=1386362687 ..... Personal Loan CCA (current account????) says about personal banking terms etc.

Did they open a new account for you to pay the loan from ?
no they refused any help I had to open account at another bank.

I've just checked through the rest of the terms and nothing that states you must pay from a HSBC account.

Thanks

[Gorang]

Re: Need help with a court claim please

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

As they have issued the claim just before the account has went statute barred then a statute barred defence can't be used, so wouldn't make any difference if you have acknowledged the claim or not

I think we exhausted the use of a statute barred defence earlier on the thread if I remember right, hence why we were looking at this

Post 165

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

which stemmed from posts 159 to 165

Good reason would need to be shown to the court for cancelling the 2nd DD, and the good reason would need to be based on, HSBC's antics and HSBC's loan, were having a direct impact on your ability to live ie pay bills

[mysticphoenix666]

Re: Need help with a court claim please

on the bank statements i have from my new account for the time i was paying this loan from it my account was almost £300 overdrawn and if i had not stopped paying the loan i would of just ended up in the same situation as my other account.