Court claim issued by HSBC on a faulty DN & TN

[jumper999]

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

Thanks GZ, Everything you said I have done and more with no success.

I kept in touch with the DCA's and HSBC every step of the way and never did I receive any sympathy or help.

I hear that there is not much use fighting on the faulty DN due to the Brandon case but then again I do hear many other things too LOL,

Makes you wonder at times why we don't all just live outside Tesco's in a box............

[pt2537]

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

Jumper old boy

Have you tried to communicate with the claimant's Solicitors to inform them of that defective default notice and the effort undertaken by you to make up for those missed payments, but how the claimant refused you with his extemely unreasonable conduct.

The definition of a Default? Failure to repay a loan! You did not fail to honour the agreement/contract, a simply breach of one of the terms of the said agreement, minor, partial non-performance by you and only for a very short period, such a simply and minor breach as this does not cut through to the root of the agreement/contract and you made a great effort to bring the arrears up to date, you gave no indication that you no longer intended to be bound to the contract and you certainly did not fail to honour the contract.

The creditor repudiated at a time when there was available to him another option, he chose by his unreasonable and unjust actions to ignore what was quite clearly a viable option, this case [is] a fundamental breach of the contract that does so cut right through and indeed in half the very root of the contract, in these circumstances, it is the creditor himself who is the contract breaker.

Jumper, come back, Roger-over.

Kind Regards

Godzilla
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Oh there you are old boy.

What reply are you referring to?

Yes, insane, absolutely! When you did your AOS, did you say that you do not accept the claim?

Kind Regards

Godzilla

I really am struggling to follow this reasoning, HHJ Roderick Denyer QC gave a judgment sitting as a Judge of the High Court of Justice, which removes the invalid default notice argument.

If you do not get 14 days, then it causes no problem for the lender on the back of Brandon vs Amex.

So the defective default cannot act as a Defence, the words of HHJ Denyer

so, you are going to struggle with this i fear

Also, it is open to the creditor to refuse to accept payment of a smaller sum in consideration of a larger sum, see Re Selectmove and also Lord Dennings judgment in the High Trees case

[Godzilla]

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

Jumper old boy

Have you tried to communicate with the claimant's Solicitors to inform them of that defective default notice and the effort undertaken by you to make up for those missed payments, but how the claimant refused you with his extemely unreasonable conduct.

The definition of a Default? Failure to repay a loan! You did not fail to honour the agreement/contract, a simply breach of one of the terms of the said agreement, minor, partial non-performance by you and only for a very short period, such a simply and minor breach as this does not cut through to the root of the agreement/contract and you made a great effort to bring the arrears up to date, you gave no indication that you no longer intended to be bound to the contract and you certainly did not fail to honour the contract.

The creditor repudiated at a time when there was available to him another option, he chose by his unreasonable and unjust actions to ignore what was quite clearly a viable option, this case [is] a fundamental breach of the contract that does so cut right through and indeed in half the very root of the contract, in these circumstances, it is the creditor himself who is the contract breaker.

Jumper, come back, Roger-over.

Kind Regards

Godzilla
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Yes I was gong to say,

Take my house, take my OH, take everything I have but please don't take away my freedom to bank with HSBC.....pleeeeeeeeeeeeeeeease!

No sorry, just trying to unwind a bit. To be honest my mind has gone completely blank and I don't even drink or take drugs, so that is not a good sign is it?

If I could say what I wanted out in public I am sure they would bring an act in to stop me.

I am still going to see what is the best way forward. If I make an offer and HSBC refuse as I have no reason at all from experience that they will, then they will still take me to court.

If they agree the I will keep continuing to pay them until my teeth drop out, and now that they have raised the pension age, I don't know if I'll last that long.

I am in a catch 22 position once again, I am like the dog chasing it's own tail. I am ostrich that thinks it can fly.

Joking aside I am still waiting to see what peter has to say to the reply I gave to him.

Oh there you are old boy.

What reply are you referring to?

Yes, insane, absolutely! When you did your AOS, did you say that you do not accept the claim?

Kind Regards

Godzilla

[jumper999]

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

Hello jumper

How are you doing?

So jumper, you were (still are I hope) going to defend this claim, are you able to say out here in public what you were going to say in your defence?

Come back, 10-4

Kind Regards

Godzilla

Yes I was gong to say,

Take my house, take my OH, take everything I have but please don't take away my freedom to bank with HSBC.....pleeeeeeeeeeeeeeeease!

No sorry, just trying to unwind a bit. To be honest my mind has gone completely blank and I don't even drink or take drugs, so that is not a good sign is it?

If I could say what I wanted out in public I am sure they would bring an act in to stop me.

I am still going to see what is the best way forward. If I make an offer and HSBC refuse as I have no reason at all from experience that they will, then they will still take me to court.

If they agree the I will keep continuing to pay them until my teeth drop out, and now that they have raised the pension age, I don't know if I'll last that long.

I am in a catch 22 position once again, I am like the dog chasing it's own tail. I am ostrich that thinks it can fly.

Joking aside I am still waiting to see what peter has to say to the reply I gave to him.

[Godzilla]

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

Hello jumper

How are you doing?

So jumper, you were (still are I hope) going to defend this claim, are you able to say out here in public what you were going to say in your defence?

Come back, 10-4

Kind Regards

Godzilla

[jumper999]

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

Just like to thank all for their support.

Hope I can sort this mess out soon.

[scoobydoo]

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

Hi

did not mean to hijack your thread - my post was really just a long winded way of saying I totally sympathise with your predicament of even having to make the decsion of whether to proceed or not.

the imbalance needs to be evened out. IMO LOL

[pt2537]

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

MBNA ? cool, are we able to see it?

no sorry the Link Financial one where the court said the agreement was irredeemably unenforceable

[scoobydoo]

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

It seems to me that there is immediate inequality as soon as we enter a "contract" with these financial instituations. They can agree to help those in financial difficulty and to act in a fair manner - but if they renenge on this written agreement then the consumer has very little recourse because of the financial risks involved in taking on their expert team of legal advisors, who are already in place to defend their arguments.

The FOS have been of assistance in some cases but on the whole the consumer feels that when they are signing a credit agreement it is very biased towards the FI institution and the consequences of unforseen circumstances can be life changing for the individual but an insignificant drop in the ocean for the bank.

Would it not be better if a small amount each year was paid 50/50 by the banks and the consumers on each and every bank account in the country ,to an independant firm of expert financial lawyers who could act for the consumers with no risk of costs. Any excess funds would be diverted to a credible charity for say those affected by mental illness caused by financial stress.

[Amethyst]

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

MBNA ? cool, are we able to see it?

[pt2537]

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

will see what i can do,

oh btw, the judgment was handed down on Friday


At long last, and i will have another judgment transcribed vs Cabot soon enough.

[Amethyst]

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

WHOOOOO HOOOOO

Ive been trying to advocate this approach for months

Embarrased defences dont work, short term they may, but how sad will you feel when the opponents apply for costs as a result. I have a few sad clients who didnt like being ordered to pay average of £3k costs as a result of embarrassed Defences

Always seemed a strange thing to do especially many people who were putting them in knew exactly what the debt was and that they owed it, by virtue of pre action letters etc, and it really didnt seem to fit, plus that people didnt understand what they were putting in and it was being used as a stalling measure in essence.


If you fancy it a brief outline how to ask for extension and disclosure of the docs needed to defend and in what circs to use it would be very helpful, to me, if no one else.

I get the basics but the practise and the comebacks I'm not sure on.

[jumper999]

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

HI
I am a but unclear abiout this, my fault i am sure but didnt the creditor eventually accept a payment of one pound a month.

Wasnt this judged to be equitable by the FOS

Do you think the court will ignore these facts. No not a rhetorical question do you really. I am interetsted to know.

Kindest regards and salutations

Peter

Yes HSBC or should I say MCSL agreed that I could pay £1 a mth for 6 mths then they would review my situation.

Now I would have agreed but I did not know what figure I was agreeing too. The sum that HSBC claimed I owed had many fees and charges included, that is one of the reason my credit went over the limit.

I had applied for my data request from HSBC in Dec 08 and received it in Jan 10. I needed to know the true amount I owed and therefore could not agree blindly to a sum that I knew was not the true sum.

Maybe the court will not ignore this fact but behind this fact is a very logical and honest explanation.

[Angry Cat]

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

Kindest regards and salutations

Peter

Please, cut out the sarcasm, Peter...bally annoying!!!

[pt2537]

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

Thanks thats clearer, and no I hate embarrased defences too. extension and disclosure seems better.

Glad this isn't hinging on a DN as that water is seemingly rather murky at present. Hopefully something regarding the offer to pay and a document declining or accepting this. But guess will just wait the outcome...assuming as SJ was defeated we are waiting on full hearing now then?

WHOOOOO HOOOOO

Ive been trying to advocate this approach for months

Embarrased defences dont work, short term they may, but how sad will you feel when the opponents apply for costs as a result. I have a few sad clients who didnt like being ordered to pay average of £3k costs as a result of embarrassed Defences