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Re: HSBC Overdraft Court Claim - Help with defence and counterclaim
Update
I completed the defence and counterclaim and sent to court with the relevant fee. As I was adding HSBC Bank as party to the claim I had to also make an application and pay a further fee of £155.
I had a direction hearing last week which I thought was a bit unusual. I attended the hearing and a local solicitor was sent to represent Marlin.
At the hearing the solicitor tried to have part of my claim stuck out as that is what he as instructed to do. It was a bit of a surprise to me, but under the CPR rules if you intend to make a defence or counter claim under section 140 of CCA (unfair relationship) you need to notify the party's with 14 days of receiving the calm. Anyway the Judge was not interested and did not allow it. I was was going to ask for all there claim to be struck as they were in breach of the rule 31.14 in providing the document.
One thing to note is that the judge was impressed with how my defence and counter claim was presented. It just shows how a bit of reading around the Internet and other cases can help a lot. Some credits have to go to Paul and his blog at https://consumercreditlitigationandd....wordpress.com vey useful.
the judge order that he wanted the defence and counter claim separating to make matters simpler. So a defence against Marlin and the case to be stayed pending part 20 claim agains HSBC Bank. Also case allocated to small claim track so cost will be limited now.
Update
I completed the defence and counterclaim and sent to court with the relevant fee. As I was adding HSBC Bank as party to the claim I had to also make an application and pay a further fee of £155.
I had a direction hearing last week which I thought was a bit unusual. I attended the hearing and a local solicitor was sent to represent Marlin.
At the hearing the solicitor tried to have part of my claim stuck out as that is what he as instructed to do. It was a bit of a surprise to me, but under the CPR rules if you intend to make a defence or counter claim under section 140 of CCA (unfair relationship) you need to notify the party's with 14 days of receiving the calm. Anyway the Judge was not interested and did not allow it. I was was going to ask for all there claim to be struck as they were in breach of the rule 31.14 in providing the document.
One thing to note is that the judge was impressed with how my defence and counter claim was presented. It just shows how a bit of reading around the Internet and other cases can help a lot. Some credits have to go to Paul and his blog at https://consumercreditlitigationandd....wordpress.com vey useful.
the judge order that he wanted the defence and counter claim separating to make matters simpler. So a defence against Marlin and the case to be stayed pending part 20 claim agains HSBC Bank. Also case allocated to small claim track so cost will be limited now.
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