Court claim issued by HSBC on a faulty DN & TN

[Amethyst]

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

Also have you got a copy of the Credit Card Agreement Terms, which are refered to in numerous places in the agreement. (clause 8, clause 3f etc)

[jumper999]

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

Hi Ame,

no term allowing immediate termination on a breach,

last contractual payment Jan 09, not the minimum though

Affordable payments, Sept 09, advised HSBC prior to getting in to difficulty, and received advice from cccs in Sept 09

HSBC refused offer of payments, but warned them in Sept that I would be making lower payments just a while until I get priority debts in order.

DN was in MAY 09

D put on credit file in April 09

The outcome I am hoping to achieve is that if HSBC did not batter me around like battered cod, and accepted that I was in genuine hardship, then things would have been better.

The saying two wrongs don't make a right, and yes I admit I was wrong as the 1st party to breach, but at that time I did not look at it that way as my intentions were not to be in that predicament for long, and just needed a little time that's all ,

morally of course I have a duty to pay back what I owe there is no doubt about that. Officially I think that HSBC should be strung up by their xxxx's OFFICIALLY!!!!!!!!

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Also have you got a copy of the Credit Card Agreement Terms, which are refered to in numerous places in the agreement. (clause 8, clause 3f etc)

Hi Ame,

Blimey I ain't got a copy of my cca, let alone the t's & c's.

I know the copy HSBC sent is a recon and not a true one as my OH's is exactly the one I signed as I remember there were so many pages, 7, and the one I have got from HSBC is only 3.
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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)

There was also a Bank Holiday between 19 May and 2 June 09, don't know if that makes a difference?

[Amethyst]

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

Okay, so the Default notice (May) was before CCCS and offer of affordable payments made in Sept 09.

So the offer of affordable payments etc could not have had any affect on their decison to Default the account.

It should only have had 3 late payment markers on though (Feb, march april) - possibly 4 if you include May depends when your payment date was, then a D in June.

So 2 extra LP markers ?


When you say ''advised HSBC prior to getting in to difficulty'' - was that before January, or before May ?

Your brothers agreement, is it the same up to the signature page, then additional pages showing the full T&Cs like clause 8 and clause 3f.

Bank holiday only matters if the interpretation act applies, which according toCostas judgment it doesnt.

[Amethyst]

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

The POC is Oct 2010.

They have given you 'breathing space' before going for a CCJ of 18 months, after the default, during which time from Sept 09 to ????????????? when did you stop paying affordable payments ? - they gave you breathing space to up your offer etc.

I don't think a court will see that as unreasonable. Even though they didnt accept your DMP officially, they took the payments and didnt take court action whilst it was in place.


( putting it another way, you defaulted on the agreement, tried to sort things by making affordable payments while you got sorted, instead of things improving and you upping payments, things got worse and payments diminished, then stopped?, so HSBC think okay we gave her a chance and she hasnt shown commitment to keep to these arrangements we'd better go get this secured somehow with a CCJ, and possibly a charging order if she doesnt pay under the CCJ )

[jumper999]

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

Thank you Ame,

it was 08 not 09

[Amethyst]

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

Wrote to HSBC in Sept 08 not 09 with info that I would be in difficulty and sent them ref num which the CCCS gave me

Continued to make full payments up till JAN 09, then troubles started

D on credit file April 09 showing I was in 6 mths arrears going back to Sept 08 and a balance way above what was truly owed in April 09

Read more at: Court claim issued by HSBC on a faulty DN & TN - Legal Beagles Consumer Forum

Phew that makes much more sense and a much better argument.

You have your transaction lists (statments) for that period ?

[jumper999]

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

Yes every single one

[Amethyst]

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

Wicked. So you can evidence that the amounts on the DN etc are incorrect?

[jumper999]

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

The amounts on the DN include charges approx 2 mths worth, apart from that they seem to tally with the mths I was in arrears.

[Amethyst]

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

Oo and when did you stop making any payments ?

Any missed payments (under payments) between September 08 and Jan 09 ?

[jumper999]

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

Oo and when did you stop making any payments ?

Any missed payments (under payments) between September 08 and Jan 09 ?

0 0 0 0 0 0 0

no!!!!!!!!!

In fact just checked paid two payments in Jan 09.

[Amethyst]

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

Rightio.

So.

Sept 2008 - informed HSBC getting in poop but kept up payments
Jan 2009 - Made last contractual payment (made two payments)
Feb 2009 - any payment ?
March 2009 - any payment ?
April 2009 - any payment ?
May 2009 - any payment ? DN received
June 2009 - any payment ? Defaulted
July 2009 - any payment ?
etc

Payments made until when ? and stopped why ?

[jumper999]

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

Sept 2008 - informed HSBC getting in poop but kept up payments
Jan 2009 - Made last contractual payment
Feb 2009 - any payment ? NO
March 2009 - any payment ? NO
April 2009 - any payment ? NO
May 2009 - any payment ? DN received
June 2009 - any payment ? Defaulted
July 2009 - any payment ? NO
etc

Payments made until when ? and stopped why ?


Payments were made up until Jan 09,

From Feb 09 onwards even after receiving DN wrote to HSBC to accept financial situation and consider, sent 3 separate I & Forms to prove,

Received 5 letters of refusal. Last letter of refusal was in July 09.

There would have been no reason to have stopped payments, but getting repeatedly refused I did not know what else to do.

[Amethyst]

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

So you never actually made any affordable payments after stopping the contractual payments in Jan 09.

Don;t know if you were still in contact with CCCS etc at that time, but the advice would most likely have been to make the offered payments regardless of their acceptance of the offer.

Do we have any copies of these letters (yours and theirs) surrounding the offers and refusals ?

(sorry if I sound really nosey am just trying to get the exact situation straight in my head (and others) )

Also any copies of the Sept 08 communications with HSBC ?

[jumper999]

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

I don't think that I would be going through so much stress if I did not have anything to prove what I am claiming is true, and yes I do have everything, letters, envelope the lot.

Yes I admit as I have all along that I breached the contract, there is no argument there, and OK so I did not make any more payments after stopping payments, but I did not stop communicating with them either.

If I had stopped paying and stopped communicating with them at the same time then fine, like Brandon I too should be strung up, but I can assure you that was not the case.

Also if I did not have any copies of communications from the day this started then my defence would be GUILTY GUILTY GUILTY!

Which in a way I am, but such a harsh punishment, its like having your hand cut off for stealing as they do in some countries.

If the courts decide that HSBC were fair and I am in the wrong then I have to pay up, which is what I have been banging on about and trying to do with these DODO's, all along.