HSBC CCBC Claim - CPR 30.14 - help needed!

[genghis231]

Re: HSBC CCBC Claim - CPR 30.14 - help needed!

Hiya, so is it a waiting process to see how they react now Amethyst?

[genghis231]

Re: HSBC CCBC Claim - CPR 30.14 - help needed!

Hi Amethyst,

We have not had any replies from the CPR 30.14, it's the 13th today and I am worried about the defence and don't know what to do now. Do I write to the court and request them to strike the case out?

Thank you and kind regards,

Genghis

[genghis231]

Re: HSBC CCBC Claim - CPR 30.14 - help needed!

Ps. The CCA request was also done along with the 30.14 on the 25th June and we have had no response from either.

Kind regards,

Genghis

[Amethyst]

Re: HSBC CCBC Claim - CPR 30.14 - help needed!

Hiya, Hope you're both doing ok.

So your defence needs to go in on Monday really.

So just checking you've had no responses to your CPR request or your CCA request? ( ie have they sent you a copy of your agreement at all?)


EDIT:

Ahh crossed posts, you answered my question.

Marvellous, ok lets start on your defence then.

[genghis231]

Re: HSBC CCBC Claim - CPR 30.14 - help needed!

Hiya,

We are ok thanks, hope you are ok too. No we haven't heard a sausage from anyone.

[genghis231]

Re: HSBC CCBC Claim - CPR 30.14 - help needed!

Hiya Amethyst,

How is it going? I expect that you must be overwhelmed with people such as myself. Is there anything that I can do that you can direct me towards in order to make a start on my defence?

Kind regards,

Genghis

[Amethyst]

Re: HSBC CCBC Claim - CPR 30.14 - help needed!

To be honest I'm in two minds whether to go with a standard 'we've asked for more info and nothing has been sent - not able to plead properly without info, breach of CCA' or add in about your personal and financial circumstances. I have asked for some others thought on this so will come back to you asap.

To make a start though

1: I received the claim CLAIM NO from the Northampton County Court on DATE.

2: This claim is for a personal loan agreement regulated under the Consumer Credit Act 1974.

3: The Claimants statement of case fails to give adequate information to enable me to assess my position with regards the claim and to obtain further information about the terms of the contract.

4: On the xx June, 2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Section 31.14 to xxxxxxxxxxxxx . I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

6. On the xx June, 2014 I sent a formal request for a copy of the original agreement to HSBC pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee to which I have received no response.

7. The Claimant has failed to allow inspection of any documents relating to their claim.

8. Additionally the Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

9: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

10. At this stage without documentation I am unable to plead fully to the claim. I request the court orders the Claimants, HSBC, to provide the necessary documentation in order for me to fully plead my case.

11. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

[genghis231]

Re: HSBC CCBC Claim - CPR 30.14 - help needed!

Thank you Amethyst,

I will make a start on what you have sent, though I am away from tomorrow morning until Friday So I will have to complete this tonight, my wife will be here so she can post it for me tomorrow.

Kind regards,

Genghis

[genghis231]

Re: HSBC CCBC Claim - CPR 30.14 - help needed!

Hiya Amethyst,

Any further thoughts?

Kind regards,

Gneghis

[Kafka]

Re: HSBC CCBC Claim - CPR 30.14 - help needed!

:bump2:

[genghis231]

Re: HSBC CCBC Claim - CPR 30.14 - help needed!

Hiya Kafka,

What does 'bump' mean?

[genghis231]

Re: HSBC CCBC Claim - CPR 30.14 - help needed!

Hope u don't think I'm daft.... but am not too well up on the jargon

[Amethyst]

Re: HSBC CCBC Claim - CPR 30.14 - help needed!

Ahh I think Kafka was trying to bump the post up to catch my attention, and sadly failed lol. Sorry.

I think for now stick with the standard and if they come up with the docs we can go into more depth about their treatment of you. No one appears to have any more input so holding defence it is then. You should be able to do this on the Moneyclaim online service,



1: I received the claim CLAIM NO XXXX from the Northampton County Court on DATE.

2: This claim is for a personal loan agreement regulated under the Consumer Credit Act 1974.

3: The Claimants statement of case fails to give adequate information to enable me to assess my position with regards the claim and to obtain further information about the terms of the contract.

4: On the xx June, 2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Section 31.14 to xxxxxxxxxxxxx . I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

6. On the xx June, 2014 I sent a formal request for a copy of the original agreement to HSBC pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee to which I have received no response.

7. The Claimant has failed to allow inspection of any documents relating to their claim.

8. Additionally the Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

9: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5, but they have declined.

10. At this stage without documentation I am unable to plead fully to the claim. I request the court orders the Claimants, HSBC, to provide the necessary documentation in order for me to fully plead my case.

11. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

statement of truth
signed
dated

[genghis231]

Re: HSBC CCBC Claim - CPR 30.14 - help needed!

Hiya,

I was getting worried after my contact with you on 15th so I sent the following:-


County Court Business Centre
4^th Floor St. Katherine’s House
Northampton
NN1 2LH

xxxxxx 2014

Ref Claim No. xxxxxxxx

Dear Sirs,


1: I received the claim xxxxxxxx from the Northampton County Court on 14^th June 2014.

2: This claim is for an alleged personal loan agreement regulated under the Consumer Credit Act 1974.

3: The Claimant’s statement of case fails to give adequate information to enable me to assess my position with regards the claim and to obtain further information about the terms of the alleged contract.

4: On the 23^rd of June 2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Section 31.14 to both The CEO Antonio Simoes HSBC Bank plc. 8 Canada Square, London E14 5HQ and Paul Kavanagh, Associate General Council Litigation Department, HSBC Bank plc. 56 St. James Road, Edgbaston Birmingham BL15 1JL (please see enclosed hand marked 1a,b,c and 2a,b,c respectively).

I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment and I received no response.

6. On the 23^rd of June 2014 I sent a formal request for a copy of the original agreement to HSBC pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee to Paul Kavanagh, Associate General Council Litigation Department, HSBC Bank plc. 56 St. James Road, Edgbaston Birmingham BL15 1JL (please see enclosed hand marked 3a,b), to which I have received no response.

7. The Claimant has failed to allow inspection of any documents relating to their claim.

8. Additionally the Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

9: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

10. If the Court is not of the mind to strike this matter out at this stage without documentation I am unable to plead fully to the claim. I request the court orders the Claimants, HSBC, to provide the necessary documentation in order for me to fully plead my case and counterclaim accordingly.

11. If the court is not of the mind to strike this matter out in the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment and I will counterclaim accordingly.

12. Please see attached letter to Collections Department Metropolitan Collection Services Limited (Part of the HSBC Group) dated 10^th January 2014 marked 4a,b and letter to Mr. Gary Jones, Director Metropolitan Collection Services Limited marked (written in response to a letter from Metropolitan Collection services Limited) marked 5a,b where I requested:

1. Validation of the debt (the actual accounting);
2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act (1882) );
3. A copy of the contract signed by both parties and therefore binding both parties.
4. Please also provide me with a true and certified copy (NOT photocopy) of the Original Note (Credit Agreement), under penalty of perjury and with unlimited liability and confirm that this Note has never been sold. Please also confirm the name of the individual who is the duly authorised representative from your company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions s/he has taken in relation to this account.

I stated within the letters:

Your said failure to provide the aforementioned documentation within ten (10) days, from the above date, to validate the debt, will constitute your agreement to the following terms:

1. That the debt did not exist in the first place;
OR
2. It has already been paid in full;
AND
3. That any damages suffered, you will be held culpable;
4. That any negative remarks made to a credit reference agency will be removed;
5. You will no longer pursue this matter any further.

1. You agree to pay all fee schedules.

I received no response from the Collections Department or Director Mr. Gary Jones.

13. Please see attached letter to Collections Department Metropolitan Collection Services Limited (Part of the HSBC Group) dated 20^th January 2014 marked 6a,b and letter to Mr. Gary Jones, Director Metropolitan Collection Services Limited marked 7a,b where I stated and requested:

I wrote to you on 10^th January 2014 requesting the following documentation, so that I may settle any financial obligation I might lawfully owe:


1. Validation of the debt (the actual accounting);
2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act (1882) );
3. A copy of the contract signed by both parties and therefore binding both parties.
4. Please also provide me with a true and certified copy (NOT photocopy) of the Original Note (Credit Agreement), under penalty of perjury and with unlimited liability and confirm that this Note has never been sold. Please also confirm the name of the individual who is the duly authorised representative from your company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions s/he has taken in relation to this account.

I stated within the letters:

As you have failed to provide the aforementioned documentation to validate your claim, I hereby give you ten (10) days to reply to this notice from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief. Your said failure to provide the aforementioned documentation within ten (10) days, from the above date, to validate the debt, will constitute your agreement to the following terms:

1. That the debt did not exist in the first place;
OR
2. It has already been paid in full;
AND
3. That any damages suffered, you will be held culpable;
4. That any negative remarks made to a credit reference agency will be removed;
5. You will no longer pursue this matter any further.
6. You agree to pay all fee schedules.
I received no response from the Collections Department or Director Mr. Gary Jones.

14. Please see attached letter to Collections Department Metropolitan Collection Services Limited (Part of the HSBC Group) dated 30^th January 2014 marked 8a,b and letter to Mr. Gary Jones, Director Metropolitan Collection Services Limited marked 9a,b where I stated and requested:

I wrote to you on both the 10^th and 20^th January 2014 requesting the following documentation, so that I may settle any financial obligation I might lawfully owe:

1. Validation of the debt (the actual accounting);
2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act (1882) );
3. A copy of the contract signed by both parties and therefore binding both parties.
4. Please also provide me with a true and certified copy (NOT photocopy) of the Original Note (Credit Agreement), under penalty of perjury and with unlimited liability and confirm that this Note, has never been sold. Please also confirm the name of the individual who is the duly authorised representative from your company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions s/he has taken in relation to this account.

Within the letters I stated:

As you have failed to provide the aforementioned documentation to validate your claim, I hereby give you ten (10) days to reply to this notice from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief. Your said failure to provide the aforementioned documentation within ten (10) days, from the above date, to validate the debt, has now constituted your agreement to the following terms:

1. That the debt did not exist in the first place
OR
2. It has already been paid in full;
AND
3. That any damages I suffer, you will be held culpable;
4. That any negative remarks made to a credit reference agency will be removed;
5. You will no longer pursue this matter any further.
6. You have not proven any debt, if you sell the alleged liability pass it back to your client and/or appoint an agent to act on its/your behalf on this matter you will have broken our agreement and you agree to pay the following fee schedule £32 000.00 for dishonouring our agreement, £1,000.00 per hour or part of it or Authorised Representatives time nunc pro tunc, £1,000.00 per recorded delivery or any other response nunc pro tunc and £1,000,000.00 ONE MILLION POUNDS per unauthorised use of my © or ™ nunc pro tunc any further contact is not now necessary, if however you deem a need to contact me by any method the fee is £100.00 per item payable in advance, place the cheque in the envelope; if no payment is made in advance the fee will rise to £1000.00 per item and you will also be held culpable for any cost incurred while recovering the debt you owe.


I received no response from the Collections Department or Director Mr. Gary Jones.

15. Please see attached Notice of Irrevocable Estoppel by Acquiescence to Collections Department Metropolitan Collection Services Limited (Part of the HSBC Group) dated 3^rd March 2014 marked 10a,b and Notice of Irrevocable Estoppel by Acquiescence to Mr. Gary Jones, Director Metropolitan Collection Services Limited marked 11a,b.

(i) Please also not that the Notice of Irrevocable Estoppel by Acquiescence also states:
Notice to Agent is Notice to Principal. Notice to Principal is Notice to Agent

Therefore all within the HSBC group are in tacit agreement and Estoppel regarding this matter.

(ii) Within the above mentioned Notice of Irrevocable Estoppel by Acquiescence I stated:

With reference to the letter dated 30^th January 2014, 20^th January 2014 and 10^th January 2014, all delivered by recorded mail. In those letters I asked you to provide the following reasonably requested specific items:

1. Proof of Claim that the alleged liability has been created in the form of an original contract.
2. Proof of Claim that the alleged liability exists in the form of a verified true bill signed by your client and charged to XXXXXXXXXXXX™ pursuant to The Bills of Exchange Act (1882)
3. Proof of Claim that Metropolitan Collection Services Limited has the legal right and lawful authority to attempt to enforce collection of the alleged liability in the form of Proof of Agency.

I herby serve Notice that failure to provide Proof of Claim by Metropolitan Collection Services Limited has created a permanent and irrevocable estoppel by acquiescence, forevermore barring Metropolitan Collection Services Limited from bringing any and all claims, legal actions, orders, demands, lawsuits, costs, levies, penalties, damages, interests, liens and expenses whatsoever, against XXXXXXXXXXXXX™.

Furthermore within the Notice of Irrevocable Estoppel by Acquiescence I stated:

It is important that you acknowledge and understand that this is not a letter but a legal notice, which is a differant specie of correspondence all together. I hereby declare that the law of agent and principal shall apply and that service upon one is service upon another.
Furthermore, your failure to provide Proof of Claim in the form of the above reasonably requested specific items comprises the tacit procuration of Metropolitan Collection Services Limited’s agreement to the following terms and conditions.

1. That the debt did not exist in the first place;
OR
2. It has already been paid in full;
AND
3. That any damages I suffer, you will be held culpable;
4. That any negative remarks made to a credit reference agency will be removed;
5. You will no longer pursue this matter any further.
6. You have not proven any debt, if you sell the alleged liability, and/or appoint an agent to act on its/your behalf on this matter you will have broken our agreement and you agree to pay the following fee schedule


15. Please see attached/enclosed my Copyright notice dated 7^th January 2014 marked 16a,b,c,d referred to in attached/enclosed letters/notices.

16. I received the letter dated 27^th march 2014 from Metropolitan Collection Services Limited Marked 12a in the attached/enclosed bundle and corresponding resulting bill for the same marked 13a. If the Court is not of the mind to strike this matter out I will counterclaim accordingly.

17. Please see attached letter from Doctor H. Penfold dated 13^th January 2013 marked 20a. I suffering from Leukaemia, my wife is my full time carer, our 25 year old business was liquidated by the IR after I became gravely ill with cancer after was viciously attacked by 3 burglars requiring over 100 stitches in my face from my face being smashed in with a rock, left for dead and not expected to survive the night. I cannot walk, feed myself or manage without constant assistance and I require several operations to rebuild my jaw bone which came out with my teeth and rebuild my left wrist which was smashed. I am unable to use my left hand. I have had to have hearing aids fitted to both ears because of hearing loss and I cannot have the required operations, as the risk of infection is too great which I would not survive. Any situation we are in was not caused by being irresponsible. My wife and I now survive and only just survive on state benefits, which is not of our choosing. We had an account with HSBC for over 25 years.

18. (i) Therefore, not withstanding paragraphs 10 and 11 above and with no proof of claim against me I request a motion to strike this unsupported claim against me out.

(ii) If the Court is not of the mind to strike this matter out, then as I am unable to travel and do not have the means to do so if I could, I respectfully request this matter be transferred to Portsmouth.


Yours faithfully

By:

xxxxxxxx


Hope that it was OK

Kind gerards,

Genghis

[Kafka]

Re: HSBC CCBC Claim - CPR 30.14 - help needed!

Hiya Kafka,

What does 'bump' mean?

It means 'Bring up my posting' Mr Khan