Court claim issued by HSBC on a faulty DN & TN

[WendyB]

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

I meant the case which Godzilla mentioned in post 36, he said he had a case in court today.

[Guest]

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

Hello Peter

No, I am not arguing 'unlawful termination'. Also, just to clarify my position, I simply stated that I wholly disagree with what you have stated on this particular subject, I have not invited you to argue with me, nor have I made any attempt to embroil or entangle you into any such argument.

All things are practically debatable (obvious statement, I know), but especially matters of law, why, even if a precedent has stood for 4 or 5 hundred years or more, that does not mean that it cannot be argued against, something new can and will always come along and change the ruling/decision.

Common law does so co-exist alongside acts of Parliament, the common law of contracts co-exists alongside the CCA 1974 (as amended) and as a matter of common justice, the Courts must look to that said common law and the principles thereof in circumstances such as the subject of this thread.

I of course am not introducing something new as far as the common law of contracts is concerened, on the contrary, I am relying on the remedies available to a non-breaching party to a contract under those said principles that have established what is just and what is not in these such circumstances.

Thank you, the defence rests.

Kind Regards to all (and that does include you Peter)

Godzilla

Hi
You do not agree but you are not inviting me to argue?
But you wish to argue against.
Common law and statute co exist OK
If these remedies had been applied they would be common law wouldn’t they?
Love your prose though they remind me of The Mould over the way. Being someone who’s grammar is less than perfect most of the time I do admire someone who can turn out a decent script.
Reminds me of Christmas morning when I was a kid .
Under the tree a beautifully wrapped present, golden ribbons, you tear it open just to find it is a pair of socks and a couple of grey underpants from your aunt Mary.
Peter

[jumper999]

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

I have been reading this thread on CAG and believe that the OP has a similar situation to mine and looks like they have made progress at court:

RBS Mint Loan - Court Action Started Dodgy DN issues

[Caspar]

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

I have two other accounts with them and they know my financial situation.

Hi Jumper and apologies if I get this wrong as I have only read the last few posts in your thread. The statement above set alarm bells ringing in my head though - if your original dispute is about money owed to them, you do know they can legally take it from your other accounts? Would hate to see you lose all your money!

Hope having not read the thread I'm totally wrong, but thought this worth posting just in case.

David

[jumper999]

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

Well they could if they wanted to as there is hardly anything in there worth taking plus my benefits and DLA go in there which will leave me hardly anything to live on but I am sure that the court will see this as fair also.

Its OK sometimes I read the last few posts also. Thanks for the warning.

[Caspar]

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

Why not open up another account and have your money paid into this? At least it guarantees they can't "steal" your own money while you try to resolve things with them. If you're worried about your credit rating and your ability to open a new bank account, several banks do what they call Basic current accounts (just google it). I have one with the co-op and they have been nothing short of superb, though I'm sure others would say different about them!

DLA + benefits = a fair bit of money!

[jumper999]

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

Thanks casper, I do have 3 other accounts so am not worried, well not yet that is LOL!!!!!!

Got to stop writing LOL, too much texting........ha ha!

[Godzilla]

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

Hello again jumper

I stated that I would post up the result of a case that was in Court today that I had presented argument for the defendant to use against the claim brought by the creditor.

I have spoken with the defendant in the said case (a very good friend of mine) and he has given his consent to me to post here some of the details to his case.

Firstly, I just want to say, Peter Bard eat your heart out, or if you don't have one, eat those socks you found under the tree.

Tried and tested argument - result = successful. The case has been adjourned today (by agreement between the two parties).

Back in the summer this year, my very good friend contacted and asked for some help on his case as the claimant had made an application for Summary Judgment against his initial defence to the claimant's claim.

The hearing for SJ was just three (3) days away, I went through some of the documents to the case that my friend had sent me and in that bundle was a particular document that my friend had not realized the importance of.

I very quickly provided my friend with powerful legal argument based on this one particular document and also furnished him with the relevant CPR to use in order to submit the document in as evidence to substantiate his defence.

On the day of the hearing (SJ hearing) counsel for the claimant tried to go for a walk in the park and was having a nice easy day, my friend had served the said document to the claimant on the day I informed him of the importance of it, the claimant ignored the document and the argument that I sent along with it.

So just as the claimant was attempting to wrap the claim up, my friend spoke up and disclosed the said document in Court, counsel tried it on saying far too late and the Judge was about to agree when my friend mentioned the relevant CPR that permitted disclosure of this extremely important document, the claimant's said appl for SJ FAILED at that point and proceedings were adjourned until today.

My friend has counsel representing him now and his legal rep is specialized in consumer law issues and all the complexities thereof, counsel for the defence (my friend) is using the arguments put forward by me against the claim and is attempting to persuade the claimant that he should discontinue with his action and abandon it altogether. As I have said at the begining of this post, the matter was adjourned by agreement today and I shall post further on this case the moment it is concluded.

As far as Brandon case is concerened, the said case has changed absolutely nothing, in fact, the Brandon case may have only set a precedent that might apply to consumers/debtors who have accounts/loans with Amex.

Peter the only thing that you are absolutely correct on is - Yes I post on CAG under the name 'The Mould', you could not contend with me there, there is no difference here, Peter Bard in my opinion you are a scaremonger.

More on this case to follow soon, jumper sorry to hyjack, however, I do know how important and relevant this case is to your own case.

Kind Regards to all.

Godzilla

[WendyB]

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?

[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.

[jumper999]

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

GZ,

Hope it is good news.

[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

[Amethyst]

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

Cheers Is the hearing from the adjourned SJ on today ?

[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.

[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