HSBC Student Overdraft 2007

[MIKE770]

midland Bank changed heading to HSBC approx 1998

[KingUnemployed]

I remember getting the letter and new card with logo in 1999

I was just thinking my original contract I signed as a child was a simple contract, although it is more than a bank note contract. Since then it has been over-taken, the clause for no third party sale supposedly removed and I am now an adult and have not signed a contract as an adult, clearly there is an argument it is no longer a simple contract

Any advice on a witness statement for an overdraft, clearly too late to make an application to court. I have not received anything from Cabot either and with their refusal for an SAR thus refusal to inspect documents I am a little stuck. Although Cabot saying that the Deed with the bank is for equity only and they have no liability invalidates the Law of Property Act 1925 Act, section 136 basis anyway for me and possibly every court case by Cabot if it sticks in court. So I expect a no show.

My strongest points are still the Assignment of contract/deed document which should be enough to have it struck out of court if they do turn up having not sent me anything -unless they send something tomorrow.

[KingUnemployed]

I have submitted a witness statement and documents to court yesterday but ended up re-emailing as mailbox was full. Plus sent by next day registered delivery a copy to MSC and Marlin/Cabot in duplicate. Pretty confident but still need to do work and have chased up with ICO prosecution notice of company


Just now received their witness statement which I will post in a bit but noticed they are adding costs for an advocate because their witness Mr Julian Kent of MCS is too lazy to attend. Can they do that, see attached


As a defendant can I make a claim list and demand payment of costs if the case is found in my favour.

I know I need to write to them to push the refusal of SAR before the court hearing and have evidence to pursue compensation for refusing an SAR when 15 pieces of identity information has been supplied.

[KingUnemployed]

I attended a Dispute resolution hearing it was highlighted
-my case for statute barred is questionable but it is clear I have made no intentional payments from 2011 and Cabot claim payments were from an account closed in 2009 -which I need to provide evidence it was closed
-The judge appeared to take my side about several different account payments ledgers provided by Cabot, and the explanation by their advocate that it was a delay (several years) was frowned upon. I highlighted that there are no HSBC statements as if that was shown it would show my address and further prove HSBC knew my address
-The judge appeared to grant my specific order direction for SAR request, further he ridiculed the Cabot advocate explanation that identity has not been proved as he pointed out if that was the case, they should not be taking me to court
-My main defence argument the notice was served to a property I had not lived at was seen as acceptable and the judge highlighted to the advocate stating it now has been served, that it is not appropriate to serve notice after starting court action, the advocate rebuked the judge saying it is in pre-action information - which I highlighted they had not written to me and the first I knew of this was January 2020
-I also highlighted that Cabot on top of refusing to provide needed paperwork and SAR, served their defence late. So when the advocate appealed for information to be handed 7 days prior to trial this was denied and the 14 days kept. For a trial in about 6 weeks.

The judge seemed to highlight that the amount being claimed by Cabot as well as the Notice to the wrong address over 6 years ago is a defence. Seems I need to find a chamber to represent me and then claim costs off Cabot when I win the case


As it is set for trial, could Cabot back out prior to trial? I would like to take it to trial as given what they have said about alteration of the Deed for equity only, the court should strike out all court cases by them in England and Wales with a judgement. Also re-highlight the rules under the Law of Property Act 1926 for serving a Notice of assignment and starting a court case then providing it (Still with the wrong address and date) is not appropriate. Hoping someone might reply or contact me with chamber advice

[KingUnemployed]

Hello, Not had any responses, with lockdown I thought more people would have time to be on forums and possibly advise.

If anyone is in the same predicament as me, especially as with lockdown debt companies will be getting desperate and the banks are already feeding them, if you are on minimum wage or unemployed, if it goes to court then consider this place I was told about by the local Chambers - https://weareadvocate.org.uk/apply-for-help.html

[JacobS]

Hello, Not had any responses, with lockdown I thought more people would have time to be on forums and possibly advise.

If anyone is in the same predicament as me, especially as with lockdown debt companies will be getting desperate and the banks are already feeding them, if you are on minimum wage or unemployed, if it goes to court then consider this place I was told about by the local Chambers - https://weareadvocate.org.uk/apply-for-help.html

Hi!

Was wondering what ended up happening here? I dont know if I am allowed to link to my post but I have a similar problem and have a court case against Cabot in August. I dont know if you can search my thread via my profile, or it is called: CCJ issued while I was out of the country, is statue barred