Court Claim - HPH2 LTD / Santander - 15-6-2015

[TKK]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

I am sorry but I also believe that you are out of time to counter claim, SOL applies to your claim as well. I know there are exceptions but it all costs money.

The way you explained it doesn't make sense to me, at some point you opened the account with a 0 balance , at the end it was -£1887 therefore you spent £1887 of the banks money. Regardless of if they withdrew the OD or not you would still owe them that money . - in my case should be spend £887 of my own money and then -£1000 of the bank, however it was always minus.

I understand why you feel it unfair that they reduced your OD but banks can and do that, credit card companies also reduce credit limits if they think it necessary.
Have you by any chance been looking at info that suggests that banks create money and it doesn't really exist?
http://www.fsa.gov.uk/Pages/Doing/Re...bs/index.shtml Banking code came into force 1st Nov 2009 the previous version of 2008 was voluntary

- no, but will have a look

[nemesis45]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

I am sorry but I also believe that you are out of time to counter claim, SOL applies to your claim as well. I know there are exceptions but it all costs money.

The way you explained it doesn't make sense to me, at some point you opened the account with a 0 balance , at the end it was -£1887 therefore you spent £1887 of the banks money. Regardless of if they withdrew the OD or not you would still owe them that money .

I understand why you feel it unfair that they reduced your OD but banks can and do that, credit card companies also reduce credit limits if they think it necessary.
Have you by any chance been looking at info that suggests that banks create money and it doesn't really exist?
http://www.fsa.gov.uk/Pages/Doing/Re...bs/index.shtml Banking code came into force 1st Nov 2009 the previous version of 2008 was voluntary

Can't anything to CC for there a has been no actual loss there is a debt to the bank for £1550+

I for once agree with you Jon this is going nowhere on the information available there is an account never in credit with a negative balance at closure hence the debt, hence the claim as For SB use it as the defence it is up to the claimant to prove otherwise in the end.

nem

[Kati]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

There is clearly miscommunication here regarding the timeline, the amounts , what was authorised and what was unauthorised overdrafts .
It appears

had OD of £1900
Bank notified you it was being reduced to £1000
You went into branch and they say it was being reinstated I can only assume it was otherwise as you continued to use the account your transactions would have been declined, cheques bounced and ATM withdrawals refused
Bank cancelled OD without notice (you claim) in Dec 2008
Bank also said OD was being reduced by £80 pm but you say balance was increasing, do you mean the bank stated that the authorised element of you OD was being reduced by £80 PM ?

I think there is little useful advice anyone can give. If the bank terminated your account and demanded repayment prior to 15/6 2009 then the claim is SB if not it is not, I believe any counter claim has no merit and in any event would be time barred

Can't anything to CC for there a has been no actual loss there is a debt to the bank for £1550+

am I reading it wrong, or are you two agreeing to something?? :lol:

I'm sorry [MENTION=69799]TKK[/MENTION] ... I think you need to tell us exactly what the problem is before you can get any positive advice :sorry:

[nemesis45]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

am I reading it wrong, or are you two agreeing to something?? :lol:

I'm sorry @TKK ... I think you need to tell us exactly what the problem is before you can get any positive advice :sorry:

Yes Kati I agree on this going no where the only tentative defence is SB .
There is nothing to Counter Claim for let alone 3K??? and I think that is
out of time anyway.

nem

[TKK]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

am I reading it wrong, or are you two agreeing to something?? :lol:

I'm sorry @TKK ... I think you need to tell us exactly what the problem is before you can get any positive advice :sorry:

thank you guys and no worries.... this case is extremely strange even to me. I think a clearer explanation from me would be very useful. In addition, my defence and counterclaim I will post then you tell me what you think.

[Amethyst]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

We will usually give you 30 days’ notice of our intention to change your Arranged Overdraft limit or repay the
whole or any part of any overdraft, however we may do either of these things without advance notice to you where it would be reasonable for us to do so.

Santander's old terms.

b) We have the right to change your Arranged Overdraft

limit at any time. We can also require you to repay the

whole or any part of your Arranged and/or Unarranged
Overdraft at any time.


We will usually give you 30 days’ notice of our intention

to change your Arranged Overdraft limit or repay the

whole or any part of any overdraft, however we may
do either of these things without advance notice to you
where it would be reasonable for us to do so.

[TKK]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

Santander's old terms.

further is it SB'd?

[nemesis45]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

thank you, could you confirm if this was pre 2008 or post and hence if yes, the debatable if it was reasonable to demand full payment when they originally stated for £900, withdrawal.

under fair terms and condition, placing a customer as risk, particularly as there was an appeal via way of a complaint, they still should have notified me that I was unsuccessful and not just take everything.

further is it SB'd?

TKK where does this £900 withdrawal come from? Is this the reduction in the OD limit?

Which it seems either did not happen and/or there was continued use of the OD facility over and above
the new £1K limit which is why the bank took immediate action?

nem

[Amethyst]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

Have you posted your defence and counterclaim on the thread?

[TKK]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

I need to start from the start as I don't think that my point was made clear by me at all. So sorry about that .

my point has always been that but for the bank, I would not be in this situation. They stated one thing and did another, which they are not allowed to do. ban or not. they were to give notice and they failed to.

they also did not response to my appeal/complaint so there is a case here. taking half is fine but taking all without notice is out of order and then leaving the account open even after it not being used since 16/12/2008 is wrong.

[TKK]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

coming up now

[TKK]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

please read PM urgently

[Amethyst]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

The defence is a bit vague and doesn't include any counterclaim other than your mentioning the word counterclaim in the last sentence.

I don't think there's any harm posting your defence publicly.

[TKK]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

The defence is a bit vague and doesn't include any counterclaim other than your mentioning the word counterclaim in the last sentence.

I don't think there's any harm posting your defence publicly. - Please read PM for urgent response please

[Amethyst]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

There is enough in there to show there is a dispute on the debt that was being dealt with and you can correct it/expand via your Witness Statement / further information further along the line. It is a bit lacking but nothing fatal.

Did you pay a fee for a counterclaim when submitting via MCOL ?