Court claim issued by HSBC on a faulty DN & TN

[jumper999]

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

weird, yes, very weird.

[Angry Cat]

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

weird, yes, very weird.

Not so weird, really.
Because costs could amount to £3,000, against a claim of £3489.

Hate to say it but those are the bare and plain facts that are placed before some LIP's.

I hasten to add, that every case is different and Counsels opinion could make a difference: Public Access Barristers.

[Lord_Alcohol]

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

Isn't this more likely to be Small Claims Track? Costs are less, yes? Unlikely to be £3K I would have thought.

LA

[Lord_Alcohol]

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

Just checked, and no costs apply to small claims. No idea why this has been mooted - jumper does not need additional anxiety at this stage.

Does jumper really need a barrister to defend this claim?

LA

[pt2537]

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

small claims track is not a no costs area, costs can and have been awarded in substantial sums under CPR 27(G)

so, there should never be an occasion where a party is advised that there is no costs. it simply isnt true

[Lord_Alcohol]

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

Yes, agree, but normally the winning party's legal costs are not paid, unless there is justification, AFAIK.

CPR 27.14(2) sets it all out (I couldn't find CPR 27(G)).

Costs in small claims are not automatically awarded to the winning party, yes?

LA

[pt2537]

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

(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably; and


sorry, it is 27.14(g) i must have over wrote the ".14" when i typed the (G) part


but costs are not automatically granted, infact, the rule is the same across every court case. It is the judges discretion on what if any costs orders he or she makes.

[jumper999]

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

Thanks pt & LA, I did read that and think mmmmmmmm, crikey! more debt. Well as you say pt costs can/have been awarded in substantial sums under the CPR 27 (G)...........

Costs on the small claims track

27.14

g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably;

Is this the part you mean pt?

I believe that costs could be awarded against me because I have behaved very behaved unreasonable.

[pt2537]

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

The point i make is that , HSBC will send Counsel, and the instructions are likely to include a request for costs.

I can see the Claimant making submissions that costs should be paid, and im merely pointing this out, so that hopefully there will be prepared arguments for as to why they shouldnt be awarded.

[jumper999]

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

Just checked, and no costs apply to small claims. No idea why this has been mooted - jumper does not need additional anxiety at this stage.

Does jumper really need a barrister to defend this claim?

LA

Hi LA,

I think when we search for information on legal matters then there can be a lot of very different versions of advice from various different places.......and it is understandable that when you are sinking you want to hold on to anything you can.....but we have to dig and dig deep to find what is the correct advice and how to go about the correct way.

Don't worry about me getting additional anxiety as I have that covered, I'll just pop two more extra happy pills LOL!!!!!!

Only joking, Do I need a barrister, well I think I should go and get myself a black robe and one of those sheep's wig that they put on and become one myself, because after the amount of time I have spent researching the law, rights, making a claim. and all the other stuff, blimey, well you know the rest.
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The point i make is that , HSBC will send Counsel, and the instructions are likely to include a request for costs.

I can see the Claimant making submissions that costs should be paid, and im merely pointing this out, so that hopefully there will be prepared arguments for as to why they shouldnt be awarded.

Thanks pt, any rough idea approx how much......or what the max could be please?

[jumper999]

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

Right I have been thinking very deep and long about this situation I am in and am posting my conclusion for everyone reading. Whether you take it as advice or a warning or just general information if you are in a similar position or ever have the misfortune to be in one.

In any legal case, you should not look at all the reasons why you you believe that you will win, but also all the reasons why you will lose.

Now in my situation up to the minute I am typing this message out has never been about winning or losing. To summarise it all up shortly, I had a credit card, and I used it, I got in a spot of bother,a genuine bother, and informed my creditor who I should say hoped more than expected to be treated fairly and understand and accept my request to pay a smaller sum in payments for a while.

I accept that the creditor is not obliged to agree and they are perfectly within their right.............but prior to making this request I did not have a dream or make this request up. I genuinely made the effort to research what a debtors options are when they get in financial difficulties. I contacted all 3 advice agencies and on the advice of the cccs who advised me that I should offer a token payment as I had to pay priority debts first. This I did and was also given a ref num by the cccs.

I made repeated offers, and I was refused repeatedly. There was never a time or moment that I did not reply or keep in touch when I received letters from my creditor. Never did I give the impression that I had no intention to pay, neither did I ignore any correspondence they sent me.

I do honestly believe that I did try my best, and if on the day HSBC do win and they do get costs whether they are £3k or £103k will just prove that no matter what you do or say when your in a situation like mine, you have no chance.

Maybe I will be allowed to have my story made public and as a warning to anyone that if you ever breach your agreement, this is what will happen to you, so take this as a warning, there is no need to get advice on this matter and there is no such thing as consumer protection or rights.

In my POC it states that the defendant had failed to make payment of the arrears of installments as required to the statutory default notice issued.

Now if this was the other way round and I was the claimant I would have written something like this as end of the day this is what it is/was all about, and how it has reached the steps of the court makes me think that I really need to a study and become a solicitor LOL!

My POC

The defendant [HSBC] have failed to accept numerous offers by the claimant to accept a smaller sum in return for a larger sum for a while. This matter has been ongoing for a long time and the claimant now requires that the defendant be ordered to accept the claimants offer.

LOL! Fat chance I know, worth a try hey.

BTW, if HSBC send their counsel they will want to prove that I have failed to make payment of the arrears of installments required, and make me to look like a debt avoider like the rankines and brandon.

They should also have said in their POC or can say on the day of the hearing

"Your Honour the defendant had contacted us prior to when she thought she would be expecting financial difficulty as she had to pay her priority debt first.

Prior to the defendant receiving a default notice she had made several offers to pay in installments, but at a lower sum that was required.

We did not accept these offers and wrote to the defendant several times that the offers made are refused and we would like a revised offer.

The defendant sent us three times financial statements but we did not believe this

We registered a Default on the Defendants Credit file a month before serving a Default Notice, only allowing 14 days to remedy

On the Defendants credit file we stated that there were 6 months of arrears and we registered the account closed with a figure much higher than it should have been

The defendant has never made an effort to make an arrangement to pay, and has ignored all correspondence to us

We sent the defendant a data request one year and 2 months later, as she did not sign her signature

After hearing all that the judge will turn around and say: Very well then, and look at me and Mrs xxxxxxxx by what the claimant has said and your actions have led me to come to the only conclusion I can make, but as we are living in a country where you do have a few rights I will give you a choice, would you like



CAKE OR DEATH!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

and I will say oh please your honour DEATH!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! just so I don't have to pay, because after all I AM A DEBT AVOIDED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I do apologise if my sense of humor has offended anyone, and I better check the side effects of the medicine I have been taking lately.


AHHHHHH! found it!!!!!WARNING, PLEASE READ CAREFULLY BEFORE TAKING THIS MEDICINE:

SIDE EFFECTS:

You may have feelings of anxiety, and have feelings of believing that if you are in debt to anyone then really you do not owe them anything, you may experience feelings of denial that you do realistically owe a debt to someone and believe that you do not, you will also have the urge not to correspond with any debtors chasing you believing that they are a figment of your imagination, you will believe that any warnings you receive from debtors are just an illusion and not real, you may have feelings of believing that you have consumer rights and there are things to protect you, you will have have feelings of hope that the courts will look kindly towards you when you believe that you have suffered by the hands of your creditors

WELL HONEY WAKE UP AND SMELL THE COFFEE, BECAUSE IT IS A DOG EAT DOG WORLD, AND IT IS A MATTER OF SURVIVAL. IF YOU THOUGHT THAT THE DARK AGES WERE BAD, WELL WAIT TILL THE COURTS HEAR WHAT YOU HAVE DONE.

My defence is prepared and I will tell the judge that my only excuse you honour is that I did not read the warning label on the pills I was taking and thought that all this was in my head. He will give me a CCJ, order me to pay what I can afford and on the order write:

THE DEFENDANT IS ORDERED TO STOP TAKING WHATEVER PILLS SHE IS, AS SHE REALLY NEEDS TO WAKE UP TO THE REAL WORLD.

Sorry guys, just feeling a bit weird after taking my pills this morning. You will be able to read from my posts when I have had them LOL, better make sure I don't take them at the hearing else I will be in even bigger trouble than I already am.

[Amethyst]

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

Jumper

Do you want to post up what you are going to enter as a defence, just so people can check if you have missed anything / can strengthen it etc ?

(I think your post means you are entering a defence but as I havent had enough caffiene yet this morning I'm not quite sure - and hopefully you don't still think I'm weird !)

Ame
xx

[Angry Cat]

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

My apologies, Jumper!

It was not my intention to stress you further, just pointing out what could happen re: costs.

IMHO, obtaining a short advice from Counsel or, a specialist legal firm, about your percentage prospects of winning could be of benefit.

It is very hard for an LIP nowadays, as we all know.

[jumper999]

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

Jumper

Do you want to post up what you are going to enter as a defence, just so people can check if you have missed anything / can strengthen it etc ?

(I think your post means you are entering a defence but as I havent had enough caffiene yet this morning I'm not quite sure - and hopefully you don't still think I'm weird !)

Ame
xx

Thanks AME, but I think I already did, I am going to enter a PLEAD OF INSANITY, and hope I will get off lightly, I will explain to the judge that your honour I sincerely apologise, I do not know what was going through my head when I was making an attempt to take responsibility and pay my debt.

I can only apologise as I thought that what I was doing was within my rights and had I known that this matter would have got this far then I would have sold my house and anything else of valuable and paid off the claimant before.

Then I will give myself a slap around the head and say out loud three time

I MUST TAKE MY DEBTS SERIOUSLY!!!!!!!!!!

I have not decided what will be doing yet, but will let you know when I do. I don't think your weird and even if you are what's wrong with that, who isn't these days LOL!!!!!
------------------------------- merged -------------------------------

My apologies, Jumper!

It was not my intention to stress you further, just pointing out what could happen re: costs.

IMHO, obtaining a short advice from Counsel or, a specialist legal firm, about your percentage prospects of winning could be of benefit.

It is very hard for an LIP nowadays, as we all know.

No probs AC,

Stress me as much as you like, can't see why not everyone else is especially HSBC. As long as you don't start writing to me then that is fine LOL!!!!!!!!!!

Relax no stress taken, and if it is then happy pills to the rescue.

P:S: I am not sure I am looking at this as a point of winning, if I do great if not then to the gallows it shall be. It is all about being unreasonable, and which party has been more.

Of course me as I did start this road to hell off,

[Amethyst]

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

pmsl fair enough x

Don;t take what HSBC are doing to heart, you are just a number and they don't give two hoots. They just want to secure a payment, it'll be an amount you can afford, and they might have a charging order, which is meaningless unless you start missing payments again, and even then you can go to court for redetermination to get them lowered if your circumstances have worsened.

Worst you'll have is a CCJ on your file for six years, which isn't really Cake or Death, but somewhere in the middle.

I'm still with this option

It sounds like you are just making an admission of the true amount owed, defending some late payment charges, offering to pay installments, and arguing that the claim shouldnt have been bought as you have offered them payments a number of times and they have declined, thus no costs, no ccj and no CO please.

so if you want a hand with it just yell.