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

[mysticphoenix666]

Re: Need help with a court claim please

northampton bulk center closess today until the 30th December my defense is not ready so they will not receive it before my deadline of the 28th.

What do i do now?

Can i send an email stating my defense is in the post as with all my exhibits i think i would need to post it or is this not good enough

[pt2537]

Re: Need help with a court claim please

northampton bulk center closess today until the 30th December my defense is not ready so they will not receive it before my deadline of the 28th.

What do i do now?

Can i send an email stating my defense is in the post as with all my exhibits i think i would need to post it or is this not good enough

If you have a scanner then you can print, sign the statement of truth, then efile it with the court by email

Make sure the subject line is "defence xxxxxxxx vs. you claim number xxxxxxxxxxxxxxx"

The courts have evolved slightly now so they do know how to use emails lol

[mysticphoenix666]

Re: Need help with a court claim please

If you have a scanner then you can print, sign the statement of truth, then efile it with the court by email

Make sure the subject line is "defence xxxxxxxx vs. you claim number xxxxxxxxxxxxxxx"

The courts have evolved slightly now so they do know how to use emails lol

thanks PT

i have phoned the bulk centre and she said as my defense is due on the 28th and it is a saturday then they would allow till monday 30th anyway.

i do have a scanner and it is going to be very overworked over the next day as she said it would be best to email all my paperwork as the post is crap this time of year and i have some 30+ doc's to send.

i am thinking that i would need my defense by friday lunch time so i can email it and i have no idea where to start as Amethyst said it is all legal stuff so i am hoping some kind member may be able to help me boxing day if they are not too busy.

Hope every one has a very MERRY CHRISTMAS

[pt2537]

Re: Need help with a court claim please

thanks PT

i have phoned the bulk centre and she said as my defense is due on the 28th and it is a saturday then they would allow till monday 30th anyway.

i do have a scanner and it is going to be very overworked over the next day as she said it would be best to email all my paperwork as the post is crap this time of year and i have some 30+ doc's to send.

i am thinking that i would need my defense by friday lunch time so i can email it and i have no idea where to start as Amethyst said it is all legal stuff so i am hoping some kind member may be able to help me boxing day if they are not too busy.

Hope every one has a very MERRY CHRISTMAS

make sure the file is a PDF too, all the files i send to the court are in pdf format

[mysticphoenix666]

Re: Need help with a court claim please

hope everyone had a good christmas

can anyone help me with my defense as i dont know where to start especially with the legal bits if any, hoping to send it via email friday at the latest.

thanks

[pt2537]

Re: Need help with a court claim please

hope everyone had a good christmas

can anyone help me with my defense as i dont know where to start especially with the legal bits if any, hoping to send it via email friday at the latest.

thanks

hi

Im in wales tomorrow visiting my parents, so i wont be able to do a great deal to help then, what are the main issues in this case? i cannot recall

[mysticphoenix666]

Re: Need help with a court claim please

The main issues are that the bank refused to cancel a dd for a loan that resulted in more bank charges on an account that was already overdrawn. I tried to get them to accept money from another account which they refused also until the FOS got involved.

They then agreed to cancel dd as I had made payments from other bank but continued to embarrass and then demanded immediate payment of all monies owed the very next day.

Due to financial hardship I decided to stop my payments on receipt of this demand to concentrate on my other bills and debts.

[mysticphoenix666]

Re: Need help with a court claim please

Okay so need to email my defence some time today.

I have updated my witness statement to show the charges on my account after the dd was returned as Amethyst advised.

I have scanned all my doc's into the computer ready to send, all are PDF files as PT advised.

I just need help with the defence now, is there any member available who can help me thanks

[Amethyst]

Re: Need help with a court claim please

Hiya xx Hope you had a good Christmas and didn't let this stress you too much. Could you post your completed WS please.

Having been through your original WS, which is really useful in sorting out the facts behind the case so thank you, and as I see it, your defence is basically going to be an admission of the debt (on the terms of the original loan) as you do not dispute it and there's no CCA breaches.

So argue a refund of all the charges and interest added to date, and for the loan to be returned to how it was at the beginning due to their breach of the terms/unfair terms (if they exist (re the DD having to come from HSBC which isn't stated at all in the loan agreement)) unfair relationship... Obviously this is complicated in that you cannot afford to pay the loan under the original terms any longer so therefore the offer will be your £1/whatever your affordable amount is/ a week for the original loan amount. Does that sound about what you were thinking?

You need to prepare an Income Expenditure sheet.

You'll be able to submit by email on Monday morning so have the weekend to get sorted xx

[mysticphoenix666]

Re: Need help with a court claim please

New Witness statement, points 8-10 are the new ones Amethyst:


1. 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.

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

3. 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) I had several communications with HSBC regarding this matter although t no satisfaction. (See Exhibit A1-A4)

4. 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.

5. 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 July 2007, these attempts were unsuccessful.

6. HSBC proceeded to take the first payment on the 15^th July 2007 and when it was returned unpaid they applied a recall charge of £25 to my account. (See Exhibit K)

7. HSBC represented the Direct Debit on the 30^th July 2007 and again it was returned unpaid thus incurring another recall charge. (See Exhibit K1)

8. HSBC attempted to present the Direct Debit every two weeks all being returned unpaid resulting in further charges. (See Exhibits K2-K4)

9. 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)

10. 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 up to date. (See Exhibit B1-B9)

11. 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.

12. 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.

13. 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.

14. 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.

15. 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)

16. 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)

17. 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.

18. 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.

19. 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.

20. HSBC continued with its harassment and then with no authorization 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.

21. 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)

22. 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.

23. Statement of Truth:


I wouldn't necessarily benefit from all the charges and interest being returned as the current account is no longer on my credit file so they would have no charges and interest to return unless they paid it to my new account, plus the amount they are asking is lower than the original loan amount so not sure if this would be right.

If they returned all charges interest etc would i not be expected to pay this money to the debt outstanding?

Will i need to send income expenditure sheet with the defense?

Also when i send the email do i need to send a copy including all the exhibits to MKDP?

[mysticphoenix666]

Re: Need help with a court claim please

You'll be able to submit by email on Monday morning so have the weekend to get sorted xx

The lady i spoke to at the bulk center said as long as my email was there by the 28th it would be okay as the date stamp would show it was submitted before my deadline but they would not see it till they re-opened monday and as it was a weekend they would allow till the monday (i thought she meant that they would need it by the 28th but due to all other claims etc being sent over the weekend they gave till the monday so they had time to go through them)

[Amethyst]

Re: Need help with a court claim please

Here's a start....I'm so sorry I have had to deal with insurance company at my parents property today (all the electrics and pipework for the heating system was ripped out by the robbing scroats so the house is in a state and we've been installing the drying equipment) and on top of that am having a nightmare of a time trying to concentrate with over excited children about the house.

With an unfair relationship claim it could have the effect of reopening the agreement from the beginning, which I get the feeling isn't what you want. The other thing you can do is make an offer to pay direct to MKDP.

The courts have a wide range of powers where a credit relationship is found to be unfair, including:

• altering the terms of the credit agreement or a related agreement
• reducing the amount payable by the borrower
• requiring the lender to refund money to the borrower
• removing any duty placed on the borrower under the agreement, and
• imposing requirements on the lender or an associate.

Have a read http://www.oft.gov.uk/about-the-oft/.../#.Ur20ZrSPM7w too.

PT is really is the best person to help deal with a unfair relationship claim as it is a bit beyond me but I recognise you need to get something in to the court and so long as it outlines the main points I think that something simple will serve to keep the claim going for now, I think that if you allege unfair relationship it does put the onus on the claimants to refute the claim. There is a weirdness I'm not au fait with in the CPR regarding Unfair Relationship claims too (under the Consumer Credit Agreement claims section)




---------------------------------------------------------------------------------------------------------------------------------------------------------------------------


IN THE NORTHAMPTON (CCMCC) COUNTY COURT

Claim No. XXXXXX

BETWEEN:-

MKDP

-and-

MYSTICPHOENIX

----------------------------------------------

DEFENCE
-----------------------------------------

1. Save for allegations which are expressly admitted or not admitted, each and every allegation in the Particulars of Claim is denied.
2. The Defendant is MysticPhoenix of xxxxxxxxxxx address xxxxxxxxxxxxxxxxxx, a customer of HSBC Bank Plc.
3. The Defendant holds a current account at HSBC Bank opened in or around 1985 (when known as Midland Bank)
4. The Defendant applied for a fixed sum loan with HSBC Bank in XXX 2007 for the sum of £8500, repayable over 60 months. The Defendants loan account number was XXXXXXXX
5. Payment Protection Insurance (“PPI”) premium of £2050 was added to the loan. The Defendant contends that the Payment Protection Insurance policy was missold.
6. The Agreement did not contain any terms requiring the instalment payments to be made from a specific banking account or payment to be made by a specific method. However HSBC refused to allow payments to be made by any alternative method to a Direct Debit from the Defendants HSBC Current Account and this forced the loan to go unpaid for a number of months (further detailed in Witness Statement Exhibit A)
7. On XXXXXXXXXXXX The Financial Ombudsman upheld a complaint made by the Defendant and requested HSBC cancel the direct debit on the Defendants HSBC current account and a new direct debit was set up to take the loan payments from the Defendants alternative account held at Barclays Bank Plc.
8. The loan was paid via Direct Debit from the Defendants Barclays Bank Plc current account for X months, however during that time the Defendant received a number of letters requesting payment ..............................
9. On xxxxxxxxxxx HSBC reverted the Direct Debit to the Defendants HSBC current account without giving any notification to the Defendant. Payments subsequently were returned unpaid.
10. The Defendant alleges there was an unfair relationship by virtue of section 140a of the Consumer Credit Act 1974.

I believe that the facts stated in this defence are true

Signed ________________________ Dated --------------------------
---------------------------------------------------------------------------------------------------------------------------------------------------------------

[mysticphoenix666]

Re: Need help with a court claim please

Thank you so much Amethyst.

I hope everything gets better for your parents its a terrible thing to happen at christmas.

I do believe PT said he was in wales today with his parents so was unable to help, thank you for your help though it is much appreciated.

I never wanted to get away with not paying the loan it was how i was treated and the way they went about it that i had a problem with and the refusal to help when asked.

Obviously now my situation is no longer the same as it was when i took the loan out so i wouldn't be able to make the repayments at the rate agreed originally but when my finances improve if i did have to repay then i would pay as much as i could.

So do you think if i just send the defense you have posted above that it should be enough as there is a lot of detail in my witness statement?

[mysticphoenix666]

Re: Need help with a court claim please

I have all my doc's ready to go but i am not sure if i need anything in my defence regarding the fact that i have never received a default notice.

I also am not sure where to email it, do i email it mcol@hmcts.gsi.gov.uk or ccbcdefendants@hmcts.gsi.gov.uk?

Do i need to use the actual defence form in my claim pack?

[mysticphoenix666]

Re: Need help with a court claim please

this is what i was going to put in the email would it be sufficient?

To whom it may concern;


Please find attached to this email all the relevant documents required for the defence of Claim Number.


Enclosed as attachments to this email are the following documents:

Defence

Witness Statement

All supporting documents sorted into exhibits as set out in my witness statement

Income and Expenditure Form

List of Creditors