Court claim issued by HSBC on a faulty DN & TN

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

[Godzilla]

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

Jumper

I shall catch up with you later on today. (this evening I mean)

Well, I do hope that your mind set is now tuned to a more positive frequency, I am certain that it is.

Kind Regards

Godzilla

[Amethyst]

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

Thanks, much clearer in my head now (and hopefully others too). Look forward to its conclusion and hopefully it will assist jumper, and others in similar positions.

[Godzilla]

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

Have read back a bit now. There are many cases in this position as I'm sure you are aware, so it is very interesting you believe that despite having broken the original terms of the agreement by making an offer to pay of a lower amount, the creditor is faulty in defaulting.

If the offer to pay to make up arrears on a monthly basis over a sensible period (ie within the term of the contract) is on top of continuing the contractual payments and that offer is made before default then I agree, if not I'm not so sure I do.

Hello again

Yes this is a complex area of law, I am confident that in jumper's case, the defence will hold and conclude with success for jumper.

These cases will be decided on the circumstances of each case, there will be comparators and this will assist the Courts to establish the Rule (or Rules) on this particular subject.

OK, for now, I am not giving up all of my arguments on this subject (no offence to anyone), there are going to be successful cases in this area and there are going to be failures, this is not a cut and dried situation, it is not always going to be an open and shut case.

Anyway, somehow, I hope that helps.

Kind Regards

Godzilla
------------------------------- merged -------------------------------

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?

Yes Amethyst, that's right, yesterday was the day of the full hearing and both parties agreed to adjourn.

As soon as the matter is concluded I shall post up the final result.

Kind Regards

Godzilla

[Amethyst]

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

No, the SJ was never adjourned, the SJ FAILED, my friend was then granted leave to amend his defence, his original defence was an 'Embarrassed Defence' (I really do not like those types of defences).

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?

[Godzilla]

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

No, the SJ was never adjourned, the SJ FAILED, my friend was then granted leave to amend his defence, his original defence was an 'Embarrassed Defence' (I really do not like those types of defences).

So the claimant made the said app (SJ) based on my friend's ED, that's when I came on the scene, there were just 3 days to go before the hearing for SJ. I went through the paperwork with my friend and spotted the document that he used to defeat the claimant's app for SJ.

As you can imagine, the claimant was not very happy about that, now the claimant knows that he is going to have an extemely difficult, practically impossible time in achieving a successful outcome for his claim.

The Brandon case has no bearing on this case, yes there is a DN involved in this case, but that DN is not central to the defence (although it is defective).

I hope that clears up any confusion.

Kind Regards

Godzilla

[Amethyst]

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

You missed a few payments, but at or during that time you were communicating with the creditor informing him of your financial difficulties and clearly you were making a serious effort to re-pay or bring the arrears up to date, the creditor refused your offers.

In these circumstances you gave a clear and unequivocal statement to the creditor and that was that you had no intention of breaking the agreement/contract, buy refusing to allow you to make lesser payments and bring the account up to date, the creditor's cause of action (terminating) was unjust, the DN [is] an issue/part of your defence, but what is central to your defence is the fact that it is the creditor who broke the agreement/contract, his actions [are] a fundamental breach of the contract, the creditor repudiated the agreement/contract at a time when it simply was unjust to do so.

Have read back a bit now. There are many cases in this position as I'm sure you are aware, so it is very interesting you believe that despite having broken the original terms of the agreement by making an offer to pay of a lower amount, the creditor is faulty in defaulting.

If the offer to pay to make up arrears on a monthly basis over a sensible period (ie within the term of the contract) is on top of continuing the contractual payments and that offer is made before default then I agree, if not I'm not so sure I do.

[Godzilla]

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

How can an adjournment be classed as a success? it isn't over yet so surely we would need to know the final outcome before it can be deemed success or fail. Presumably the "success2 was using this important document to get the adjournment? What is this mysterious document, might be helpful to others if you told us what it was and what part of CPR you used?

I'm no expert in CCA but I am interested.

And a personal opinion - can we not start throwing insults around?

Hello Wendy

Yes, message received and understood.

Please see my recent post here regarding the success of this defence.

Kind Regards

Godzilla

[Amethyst]

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

right with you now, you saying the SJ had been adjourned until today was confusing me.

So the SJ application was knocked out, good stuff, whats the current status of the case ?

[Godzilla]

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

Ahhhh Godzilla, welcome back, I never put two and two together that you were the Mould on CAG. Nice to see you back, as Wends says, lets leave the insults out (goes for Peter too), and if there's useful info which can help others share it in that spirit.

The case you are talking about is in court today following the adjournment of the SJ app ? If so, look forward to hearing more on the results of that later on.

Hello there Amethyst

Long time since I came here to this superb consumer forum, I must say I really do like the place, this site and the CAG site.

Well, no, this was not an adjournment of a SJ hearing, the claimant's SJ app/hearing FAILED, we successfully defended his action with just one document and incredible legal argument that completely knock his ship right out of the water!

Yes I really do want a peaceful life, but when someone starts going on about the way I write, to me, that is an insult, there were no need for the Bard's comments, many might not see it the way I do, the said comments made by the Bard were a swipe, a cutting swipe (he of course will deny that they were).

Anyway, let's hope that everything will remain civil.

Kind Regards

Godzilla

[jumper999]

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

Clarified and understood matey. No probs, we all wish your friend the best of luck, not that he/she will need it by the looks of it.

Great work I must say though.

[Amethyst]

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

Cheers Is the hearing from the adjourned SJ on today ?

[Godzilla]

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

You have missed the important part of the post, the Summary Judgment hearing - the claimant failed as a direct result of the said document, that [is] a success for the defendant.

The CPR used to enter in to Court this particular document (which my friend didn't realize the significance of) was CPR 31.11

The agreement to adjourn is also a success, the claimant now realizes how strong the defence is and the indisputable evidence (exhibits) that substantiate the defence, also my friend is now being represented by a professional on consumer law/contract law.

As for insults? Peter the Bard has made a comment about my writing that is of no relevance to this subject whatsoever, that [was] a swipe from the Bard and so I defended against the Bard's unwarranted comments, that is all I did.

This case (my freind's case) is not on any forum, when the matter has concluded, the said case will be posted up both here on this site and on the CAG site for all to see, for obvious reasons (legal) I am not posting the full details of this particular case or the document that obliterated the claimant's SJ app (or any other documents for that matter).

I hope that clarifies the situation as it stands.

Kind Regards

Godzilla

[jumper999]

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

GZ,

Hope it is good news.

[Amethyst]

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

Ahhhh Godzilla, welcome back, I never put two and two together that you were the Mould on CAG. Nice to see you back, as Wends says, lets leave the insults out (goes for Peter too), and if there's useful info which can help others share it in that spirit.

The case you are talking about is in court today following the adjournment of the SJ app ? If so, look forward to hearing more on the results of that later on.