Court claim issued by HSBC on a faulty DN & TN

[pt2537]

Re: Court claim issued by HSBC on a faulty DN & TN

i am really sorry, but i am going to withdraw from this thread.

My reasons are that i cannot support the arguments run by Godzilla, nor am i prepared to spend my valuable time debating nonsensicle issues that lack merit.

For the record i do not believe the repudiation argument will work,i do think that there may well be mileage in the Unfairness under s140 and also you may be able to bring in the breach of the banking code, by way of the Consumer Protection from unfair trading regulations 2008. That would be my personal position, if it were me defending the matter.

i wish you good luck

Regards

Paul

[Lord_Alcohol]

Re: Court claim issued by HSBC on a faulty DN & TN

[quote=Angry Cat;182324][quote] by LA:

Well, there we are. For Peter Bard and others who say that the banks are within their rights to take this sort of action I would say that they make a total mockery of legislation enacted by Parliament.

Factually, they do NOT always get it right!

e.g. I was defaulted several times whilst having a PPI claim in place.

It was not I who breached the terms of the agreement but, the OC themselves or, rather their PPI provider, who were unable to make the required PPI payments on time:
result, the computer spewed out default notices and then terminated the agreement, twice.

Every case is different...

Very true AC, yet here the bank is actually using a legal process which it cannot possibly be entitled to.

I wonder if the banks and their systems are so sensitive to loss of their credit licences from the OFT due to preceived "irresponsible lending" that they prefer instead to wholly destroy a consumer's credit rating and use the courts than to risk loss of their core business. I suppose it makes sense from a commercial perspective, but leaves us without a hope when things go wrong.

Sorry to see pt leave us.

LA

[Amethyst]

Re: Court claim issued by HSBC on a faulty DN & TN

I'm not sure about your argument you were misadvised by CCCS, CAB, and National Debtline.

You look at your income first, make sure you can cover the roof over your head, heat, water, council tax (which could lead to imprisonment - ridiculously unlikely but its magistrates court not civil), essential food and ensure you can get to work if need be or the job centre each week. Then whats left can go to the non priority creditors and be split proportionally. ALL they can do is take you to civil court, which is what they are doing.

I'm not sure I understand the FOS situation though, maybe hidden back in earlier posts, but if there was an offer to accept repayments of X through the FOS how come those payments arent being made ?

Sorry I probably missed something, but your first post mentions the offer of £1 through FOS too, so I presume there is some reason why thats been ignored and its going to court ?

[middenmess]

Re: Court claim issued by HSBC on a faulty DN & TN

[quote=Lord_Alcohol;182328][quote=Angry Cat;182324]

by LA:

I wonder if the banks and their systems are so sensitive to loss of their credit licences from the OFT due to preceived "irresponsible lending" that they prefer instead to wholly destroy a consumer's credit rating and use the courts than to risk loss of their core business. I suppose it makes sense from a commercial perspective, but leaves us without a hope when things go wrong.
LA

Banks worried about 'action' by the OFT??--yeah,right!

[Guest]

Re: Court claim issued by HSBC on a faulty DN & TN

i am really sorry, but i am going to withdraw from this thread.

My reasons are that i cannot support the arguments run by Godzilla, nor am i prepared to spend my valuable time debating nonsensicle issues that lack merit.

For the record i do not believe the repudiation argument will work,i do think that there may well be mileage in the Unfairness under s140 and also you may be able to bring in the breach of the banking code, by way of the Consumer Protection from unfair trading regulations 2008. That would be my personal position, if it were me defending the matter.

i wish you good luck

Regards

Paul

Never thought i would say this but
Ditto
Peter

[jumper999]

Re: Court claim issued by HSBC on a faulty DN & TN

Hi AME, Like I said that I would have accepted the FOS decision had I known what sum I was expected to pay truly, as there were charges added and as HSBC had not sent me my data request I could not agree......as I did not know what I was agreeing to.

I was not being unreasonable at all in this, it was only until I sent a 2nd data request that I received it this year in Jan 10

[Angry Cat]

Re: Court claim issued by HSBC on a faulty DN & TN

[quote=pt2537:

For the record i do not believe the repudiation argument will work,i do think that there may well be mileage in the Unfairness under s140 and also you may be able to bring in the breach of the banking code, by way of the Consumer Protection from unfair trading regulations 2008. That would be my personal position, if it were me defending the matter.

i wish you good luck

Regards

Paul[/quote]

Sorry, Guys but I also agree with the above!

AC

[Lord_Alcohol]

Re: Court claim issued by HSBC on a faulty DN & TN

Never thought i would say this but
Ditto
Peter

Godzilla's argument was one of several on this thread, and jumper at no point accepted it as de facto.

Is it more the case that there have been questions asked of basic CCA provisions and the bank's interpretation that you are unwilling to answer, for reasons we can only guess at? And that Godzilla's posts are an alternative reason for abondoning ship?

Very disappointing, but very illuminating.

LA

[Angry Cat]

Re: Court claim issued by HSBC on a faulty DN & TN

Godzilla's argument was one of several on this thread, and jumper at no point accepted it as de facto.

Is it more the case that there have been questions asked of basic CCA provisions and the bank's interpretation that you are unwilling to answer, for reasons we can only guess at? And that Godzilla's posts are an alternative reason for abondoning ship?

Very disappointing, but very illuminating.

LA

For the record, I have obtained Counsels opinion on three occasions now.
The Repudiation argument was never mentioned or, advised.

Although, Negligence in Contract was, but that was in relation to PPI.

[jumper999]

Re: Court claim issued by HSBC on a faulty DN & TN

I thought it was only us women that got PMT LA? ha ha,

Anyways back to the battlefield, not sure if I have asked this before, but when I received my POC from HSBC, a week today, were they not suppose to send me a copy of my cca? I know that they have written that I defaulted in May 09 and also know that do not need to supply a copy of the DN.

Or do I just go by the copy that I have, even though it looks like they got snow white's dwarf's to write it out, or could be santa's elves?

[Amethyst]

Re: Court claim issued by HSBC on a faulty DN & TN

Did they file at Northampton or a local county court ? Doesnt really matter as you have the CCA anyway (I think am not quite sure of the 8 pages/brother argument - is the one on post 1 a recon of the wrong agreement and the interest rates/terms differ?) If through MCOL no it doesnt need to be attached, if through CC it should be, but not unusual for it not to be, and you have a copy anyway.

Earlier you were asking about the payment clause. I think its quite clear on the Terms the repayment of £5 or 3% etc bit.


So the defence is...(just seeing if I've got it)

DN didnt give enough time to remedy (but we know thats a bit hedgy due to Brandon/Costa)

That you tried to negotiate a repayment plan and get a definitive figure of what was owed from HSBC but they refused to cooperate until you went to the FOS when they said they'd accept payments of £1 but not what against, breaching CPUT, Lending code etc. by ignoring those efforts and taking you to court regardless.

Anything else?

[jumper999]

Re: Court claim issued by HSBC on a faulty DN & TN

Now how come I couldn't sum it all up like that anyway, yes basically in a nut shell.

Yes it is at Northampton.

Also HSBC terminated my agreement 1 month prior to issuing me with a DN, faulty or not, They closed my account and prior to issuing the DN they sent no warnings in their letters that they would report me to the CRA's if I did not pay.

All these warnings came after they issued me with a DN, and they informed the FOS that they closed my account in Sept which is not true.

My Equifax report shows that account closed with 6 mths arrears which is a total lie, and a sum which also not correct, they pre decided all this before giving me a chance.

Tried, judged and executed without a fair trial,

[Amethyst]

Re: Court claim issued by HSBC on a faulty DN & TN

Is there a term in the contract that allows immediate termination on a breach (ie send back cards/stop using and pay up etc).

When did you make your last full contractual payment (ie the min of £5 or 3%) ?

When was your first 'affordable' payment under the DMP (self administered or CCCS whatever).

How long were those payments made for ?

When did those payments stop ?

When was the Default notice ?

Remedy date of DN ?

When was the D put on the credit file ?

Those dates should make it obvious whether it is right or wrong (officially not morally)


What outcome are you hoping to achieve ?

(claim £3489)

[MIKE770]

Re: Court claim issued by HSBC on a faulty DN & TN

lot of HSBC DN!s come in @ only 5 days notice to remedy if I remember?

[Amethyst]

Re: Court claim issued by HSBC on a faulty DN & TN

This one is dated 19th May to remedy 2nd June.

Posted 19th, received 20th, 14 days to close of play on 2nd June.

(I know it probably wasnt received on 20th just theoretically btw)