• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

HSBC Overdraft Court Claim - Help with defence and counterclaim

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #31
    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.

    Comment


    • #32
      Re: HSBC Overdraft Court Claim - Help with defence and counterclaim

      Just to update,

      HSBC has decided to come a settlement 3 days before hearing date. I would have liked to see them in court and see them provide an explanation to the issues I have had. I did not see the point in taking time off work, also I would not have achieved much more than I had already had achieved.

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

      Announcement

      Collapse
      1 of 2 < >

      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
      2 of 2 < >

      Support LegalBeagles


      Donate with PayPal button

      LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

      See more
      See less

      Court Claim ?

      Guides and Letters
      Loading...



      Search and Compare fixed fee legal services and find a solicitor near you.

      Find a Law Firm


      Working...
      X