Court claim issued by HSBC on a faulty DN & TN

[pt2537]

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

PT

The case law is to come and it will go on.

In this particular case the debtor did not show any indication that he/she did not intend to be bound by the contract. A simply breach of a term/condition/clause does not amount to default on the contract, that is, not honouring the agreement, the op gave clear communications to the creditor of financial difficulties, if anything the creditor could claim anticipatory breach, but even this type of breach does not go to the root of the contract, not in these particular circumstances, for the creditor to withdraw from the contract in these circumstances, is repudiation by him (he did not need to take such drastic action) the creditor breaches the contract and that is a fundamental breach by the creditor, in these circumstances.

Legal matters do not always need case law to refer to nor do they always need a precedent, as said, the case law is to come.

Kind Regards

Godzilla

I do not mean to be rude

but, its like saying that, smashing a window on a car, hotwiring it and taking it for a ride doesnt amount to theft contrary to the Theft Act

if you breach your repayment clause, you are indeed defaulting on the contract, this is actionable as the creditor can sue you, subject to the requirements of s87(1) being complied with

when you stop paying you are intimating an intention not to adhere to the contract, to suggest otherwise is like saying Saddam Hussein is a nice guy and that Michael Jackson should work in a kindergarten

[ed.]

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

Is this spanning into a defence under unfair rels? Tis the only way I can imagine that you could deem a creditor did not have to take such drastic action, because the simple fact is they can contractually.

[Godzilla]

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

if i agree to borrow 10,000 and agree to repay that at 100 per month,

these are express terms in contract law

If i then breach the repayment term, i am without question in breach of contract and the injured party can sue for damages for my breach, basic contract law, infact A level law this

so, if you make a contract and break it, there is a claim available

now the CCA places an osticle in the way of this, but it does not move the goal posts, by this i mean the CCA dont turn a breach of contract into something other than a breach, if it looks like a duck, quacks like a duck and waddles like a duck well you get the picture

so this argument about repudiation, i dont follow, you show an intention not to be bound by the contract by failing to pay, and repeating this failing

how then is the creditor repudiating

CASE LAW PLEASE? cos i can find nothing on all the major references i have here

PT

The case law is to come and it will go on.

In this particular case the debtor did not show any indication that he/she did not intend to be bound by the contract. A simply breach of a term/condition/clause does not amount to default on the contract, that is, not honouring the agreement, the op gave clear communications to the creditor of financial difficulties, if anything the creditor could claim anticipatory breach, but even this type of breach does not go to the root of the contract, not in these particular circumstances, for the creditor to withdraw from the contract in these circumstances, is repudiation by him (he did not need to take such drastic action) the creditor breaches the contract and that is a fundamental breach by the creditor, in these circumstances.

Legal matters do not always need case law to refer to nor do they always need a precedent, as said, the case law is to come.

Kind Regards

Godzilla

[jumper999]

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

if i agree to borrow 10,000 and agree to repay that at 100 per month,

these are express terms in contract law

If i then breach the repayment term, i am without question in breach of contract and the injured party can sue for damages for my breach, basic contract law, infact A level law this

so, if you make a contract and break it, there is a claim available

now the CCA places an osticle in the way of this, but it does not move the goal posts, by this i mean the CCA dont turn a breach of contract into something other than a breach, if it looks like a duck, quacks like a duck and waddles like a duck well you get the picture

so this argument about repudiation, i dont follow, you show an intention not to be bound by the contract by failing to pay, and repeating this failing

how then is the creditor repudiating

CASE LAW PLEASE? cos i can find nothing on all the major references i have here

True what you say pt,

But what about all those people who have mortgage agreements and fall in to arrears, some in their thousands and the courts allow them to pay off what they can afford and some even are allowed to get the arrears added on to the mortgage and spread out throughout the full term.

I believe I read a case law on this, will have to think it was maybe on CAG.

I know that mortgage agreements are different to cc agreements but I think also that there is more sympathy for mortgage arrears than cc arrears, that's just my opinion.

Also never did I once show any intention to break the contract/agreement. Far from it, I informed HSBC prior to when I was to expect financial difficulty and never wanted to end the agreement.

I'm one card down in my purse, there is a slot missing and I am sad as I liked to keep them even the old ones.

[jumper999]

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

Hi AC it was by phone and application was sent home, I signed then sent back

[Angry Cat]

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

Just off to my bed now, jamas on.

But out of curiousity, I will ask one question:

How was the application for credit made?

By post;
at a branch;
or via distance marketing: internet?

[pt2537]

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

if i agree to borrow 10,000 and agree to repay that at 100 per month,

these are express terms in contract law

If i then breach the repayment term, i am without question in breach of contract and the injured party can sue for damages for my breach, basic contract law, infact A level law this

so, if you make a contract and break it, there is a claim available

now the CCA places an osticle in the way of this, but it does not move the goal posts, by this i mean the CCA dont turn a breach of contract into something other than a breach, if it looks like a duck, quacks like a duck and waddles like a duck well you get the picture

so this argument about repudiation, i dont follow, you show an intention not to be bound by the contract by failing to pay, and repeating this failing

how then is the creditor repudiating

CASE LAW PLEASE? cos i can find nothing on all the major references i have here

[jumper999]

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

Is it me or is getting hot in here? Never had so many guys fight over at once like this LOL!!!!

[Godzilla]

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

Jumper

Sorry about this, hello Lord_Alcohol, great input and that is not because that's what I and the op want hear, the Brandon case dose not fit the feet that this case has to stand on.

LA, Godzilla is also 'The Mould' from CAG, hence the hello to you.

Kind Regards

Godzilla
------------------------------- merged -------------------------------
Jumper

What do you want to do? Defend or accept the claim?

Kind Regards

Godzilla

[jumper999]

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

You can say that again LA, when I read how much I have paid almost makes me think what the matter was with me. I am sure HSBC made a tidy profit

[Godzilla]

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

Seen all this before secret evdence, dont wish to disclose, rubbish it is none existant. Time to call a spade a spade before someone gets hurt following this.

Look over the road and see how many people have been left hanging out to dry after following these ramblings.

In fact dont even have to go that far.

Peter

As stated, keep the post on the subject at hand, if you want to invite me to play a game of chess with you Mr Bard, why don't you just ask?

Secret evidence? It has been disclosed in Court, there is nothing secret about it, the case has yet to be concluded, my friend, and I for that matter, know that the opponents visit these forums, he does not want the full details put out here in the public domain until the case is over.

I do not and never have left anyone out to dry.

If you are going to post here Mr Bard, then as a matter of respect, I ask you to post something relevant to the case that the op is facing.

Kind Regards

Godzilla

[Lord_Alcohol]

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

There are organisations for ensuring that the creditor dealt fairly with you. the FOs negotiated a deal where you could pay £1 a month.
The court will think that this is pretty fair.
The court will consider that the creditor has been predudiced enough in thaat he cannot get his money back for 10 years or so dont you think. I do sympathise with your siruation but telling you what you want to hear will not help although it may make me more popular.

Peter

Failure of a creditor to comply with s88 and get that failure sanctioned by a higher court prejudices all consumers under regulated contracts IMO as lenders can now terminate on breach without offering the full entitlement to remedy.

In my view a very serious prejudice, and far more than the nonsensical virtual "prejudice" suffered by banks when they cannot get their documentation in order even when funded up to the hilt with public money.

As for the bank and its money, Jumper may well have paid more in than taken out if it is a CC account.

LA

[jumper999]

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

I too agree with you too peter, but I went to the FOS as I had no choice the way that HSBC were being so unfair and unreasonable with me.

What I can't understand is why did they agree to the FOS to accept £1 when before I was offering more, and supplied them with all the evidence to prove my situation?

Yes it is unfair that the creditor may have to wait 10 years to get their money, not that I would leave it that long but they put themselves in this unfair position themselves.

They were unfair to me when I needed a little help, and now they can claim that it is unfair for them? Sound like a case of having a wife at home and a bit on the side for these lenders hey?

HSBC have bought this prejudiced upon themselves when there was no need for it at all, I on the other hand did not have any choice.

The only reason that I asked HSBC to accept smaller payments for a few months was that British Gas had not sent me Gas & Electric bill for some time and then they sent it all in one go. I was threatened with disconnection, have all the papers to prove, so I had a choice to either sit in the dark with a candle or pay HSBC.

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

OK Peter for arguments sake in your opinion let me put this question to you:

What do you think HSBC has done to deal with me fairly in all of this?

Yes I know what an agreement is as I am sure the majority of people who are facing financial crisis at the moment.

Was my breach of the agreement so severe that there was no other way for the creditor to fix? I cannot remember reading on my agreement that if I miss a few months payment then my agreement would be canceled but I will go and have a read now word for word.

Then again even if I don't find these words I am sure that someone will point out a certain act which says that this is possible.

There are organisations for ensuring that the creditor dealt fairly with you. the FOs negotiated a deal where you could pay £1 a month.
The court will think that this is pretty fair.
The court will consider that the creditor has been predudiced enough in thaat he cannot get his money back for 10 years or so dont you think. I do sympathise with your siruation but telling you what you want to hear will not help although it may make me more popular.

Peter

[WendyB]

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

For God's sake, and I know it's not my place as I'm not a member of site team, but I'm going to say it anyway.

STOP ARGUING AND MAKING SNIDE COMMENTS!!!

BTW Godzilla, I presume you meant drivel not dribble? But whether you did or not, either is insulting, IMO. And no I'm not having a go at just you, I am merely pointing out a fact.

We have had enough petty squabbling, I for one don't want to read it. But more importantly it detracts from the thread and doesn't help the OP one iota.

Healthy debate and constructive criticism are great, but can you just stick to facts and opinions without the sarcasm and sniping please.