Originally posted by FlamingParrot
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I cannot comment on points 1 to 3 but out of interest, what was the grounds for saying the agreement was unfair under UTCCR 1999?
Part 18 is a separate request for further information and not restricted to documents mentioned on the particulars of claim. Would be good to know what the nature of your Part 18 request was.
With regards to the documents on the particulars, they are as sparse as they get but they mention "contract", "assignment" and "default". The exact terminology can be open to interpretation but I should think you'd have a current account agreement with HSBC even if they choose to call it a 'contract'. There would have been a document relating to this current account whatever they choose to call it, even if it's not a credit agreement regulated by the CCA 1974. The requirement for a notice of assignment is not limited to regulated agreements, it applies equally to overdrafts, although the deed of assignment is not normally supplied to the debtor/defendant. Although a DN under s.87 of the CCA is not a requirement, there is a mention of 'default' and DNs are often issued for current account overdrafts. The particulars do not mention a final demand so you couldn't have requested it under CPR 31.14.
They are saying the charges were applied in accordance with the T&Cs of the account, yet we have no idea what they are since they've not provided a copy of the *document* (contract, agreement, whatever it may be called)
It is a bit of a dirty trick
to threaten to apply for summary judgment and then suggest you complete and return Form N9a instead to avoid that, when N9a is an admission form and completion of such a form allows the claimant to request judgment by admission. :scared:
Part 18 is a separate request for further information and not restricted to documents mentioned on the particulars of claim. Would be good to know what the nature of your Part 18 request was.
With regards to the documents on the particulars, they are as sparse as they get but they mention "contract", "assignment" and "default". The exact terminology can be open to interpretation but I should think you'd have a current account agreement with HSBC even if they choose to call it a 'contract'. There would have been a document relating to this current account whatever they choose to call it, even if it's not a credit agreement regulated by the CCA 1974. The requirement for a notice of assignment is not limited to regulated agreements, it applies equally to overdrafts, although the deed of assignment is not normally supplied to the debtor/defendant. Although a DN under s.87 of the CCA is not a requirement, there is a mention of 'default' and DNs are often issued for current account overdrafts. The particulars do not mention a final demand so you couldn't have requested it under CPR 31.14.
They are saying the charges were applied in accordance with the T&Cs of the account, yet we have no idea what they are since they've not provided a copy of the *document* (contract, agreement, whatever it may be called)
It is a bit of a dirty trick
to threaten to apply for summary judgment and then suggest you complete and return Form N9a instead to avoid that, when N9a is an admission form and completion of such a form allows the claimant to request judgment by admission. :scared:
x
. I think I will wait for mediation route.
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