Cabot/Mortimer Clarke court letter.

[Redbeard19]

They said that when money is paid from a standing order in this instance it goes into another account of HSBC with a different sort and account number but there's no trace of where the money has gone but acknowledged the S.O is still active and money is leaving my account weekly.

Mortimers letter has asked if the court can find in favour of their client but verbally they've said they've won because I didn't respond in time so we will see.

[Amethyst]

What date is on the claim form? ( issue date )

ahhh "dated April the 1st"

time isnt up yet and they can't have judgment if your acknowledgment went through so log back in online and check the date the defence is due ( should be 3/4 May )

if do get a defence in - https://legalbeagles.info/library/gu...-court-claims/
is a start point

and SAR HSBC now if you haven't already - your money hasn't been going into the ether, it's been going to an account which you have given then the details of - thus they will know exactly where it is and IF the claimant does come up with any documents and try to settle you need the amounts you have been paying to be taken into account.

[Redbeard19]

Update - I've spoken to the courts and in fact no judgement has been made at all against me because I did get it in in time so they've actually lied to me on the phone because they say they have won judgement which is a bit naughty!

I've got until the 4th to get an email response back just a brief description of my account is all they need and then I will get my opportunity to give my factual evidence later on, the adviser was very helpful actually so that's a great piece of news because they said they have won CCJ against me!

So now is the time to procrastinate I guess, will ask for all my particulars from HSBC and Cabot and see what happens to see if or what either party turns up which should be interesting considering they cant find my money.

[Amethyst]

Good to hear ...

Don't just send an email response to the court - file a proper defence - have a look at the example defence link and we can work on it to include the specific issues you have xxx

Do do the SAR to hsbc and Cabot though

[Redbeard19]

Absolute legend thank you, I've only got until the 4th to reply so I will have to email to get the defense in initially then file the particulars after as I have no paperwork from HSBC and Cabot at the moment.

Can't believe this monumental of cock ups and the fact they have bare face lied on the phone as well, makes me so angry!

[Amethyst]

You can file your defence through moneyclaim xx

[pt2537]

You can file your defence through moneyclaim xx

you can also email it to the Court if needed https://courttribunalfinder.service....ss-centre-ccbc details are here

[Amethyst]

Point being - do your full defence - don't just email something random then expect to file a full defence later as you'd have to apply to amend which costs 100 or 255 depending if the claimant consents.

[Redbeard19]

So just a bit of an update.

I called HSBC back in april when this started kicking off and the advisor was helpful but at the time couldn't tell me where my money had been going and froze my standing order instantly.

She could see that I hadn't been notified that HSBC had sold the debt on and no advice was given on it and where to send my weekly payments and she could see that I had never missed a payment.

I raised a complaint right away and got passed to the complaints team and I asked again where has money been going of which they couldn't tell me either.

They said they would resolve the issue at the end of may, I had an email at the time to say they hadn't resolved the issue and it would be june now, well we're in july and still nobody knows where my money has gone and I get an email every few weeks apologising for the delay as they still have no answer!

So make of that what you will, so I guess we sit tight and see what they say but the Cabot letters and calls have long since stopped, sounds like a royal cock up to me.

[Amethyst]

You did file your defence still though didn't you ?

You could take this to the financial ombudsman as a complaint separate to the court claim.

[Redbeard19]

Yes I did and it got postponed and I had acknowledgment from both the courts and Cabot so effectively it's been suspended for now.

I take it the ombudsman acts on your behalf of any wrong doings by the bank is that right?

[Amethyst]

Stayed ?

https://www.financial-ombudsman.org.uk/

[KingUnemployed]

Well I have an update today and a CCJ has been issued against me.

Did they get a CCJ against you within 28 days of you being notified of a claim.I thought that was impossible, are you sure you did not get a silly letter from Mortimer Clark saying that is what they are going to do with their bully-boy tactics.*

What I fnd unfair is that HSBC do not need to notify the customer, and the original amount can be requested again despite any payments - it is mighily unfair.*

I am in a similar situation but had actually (over-)paid off my overdraft with installments to my original HSBC account by 2014, I refused to pay any other account number as I refused to acknowledge any debt in all correspondance. All the money seems to have gone missing and HSBC/Metropolitan Collection Service/DG solicitor have sold the overdraft on without permission or an agreement for a graduate overdraft in the first place.*

What has happened with your case? Is their anything I can learn from you against this unfair industry.*