Court claim issued by HSBC on a faulty DN & TN

[jumper999]

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

Thank you AME, all seems to be fine. As you say I will need to amend and put dates where relevant and will get it checked before I post it

Thanks again

[Amethyst]

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

Right defence/admission to the HSBC claim. Just a very first draft which needs adding to/amending as needed, am still not sure of all the issues but think we have sorted the majority of them out (ie they HAVE sent you the CCA etc and the dates correct etc etc) , and you are working on a CFS sheet to go with the defence/admission.

Read through make amendments / dates/ facts / amounts then we can get it together. If you want to list all the letters sent offering payment do so around para 4. Not sure if you want to bring up any of the CCA issues or the open date on the CRA files.

If you hit QUOTE under this post it will paste it to a new post and you can amend on there.

IN THE [TOWN]

COUNTY COURT

Claim No. XXXXX

BETWEEN

[HSBC]
Claimant

AND

[JUMPER999]
Defendant

Defence

1: It is admitted that the Defendant held an account with the Claimants reference account number xxxxxxxxxx under an agreement dated 18th January 2006 and had the benefit of the use of a credit token under the terms of that agreement.

2: The Defendant admits the amount of £XXXX (nb for you --> same figure as in para 9) is owed to the Claimants.

3. In September 2008 the Defendant became aware her income would be severly reduced and informed the Claimants that she may experience difficulties making the contractual payments due under the agreement. She kept up full contractual payments until and including January 2009.

4. In xxxxxxx 2008 the Defendant suffered a loss of income due to xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx and in order to keep up her financial obligations commenced a debt management plan with the assistance of CCCS around xx/xx/xxxx. (not sure on that bit)

3. Under that Debt Management Plan proportional payments of £xxx per calendar month were offered to the Claimants .

4. The Claimants refused to accept payments under the DMP or otherwise despite numerous offers and sent a default notice on 30/06/2009, requesting the arrears of £XXXX be paid by XX/XX/2010.

5. In addition the defendants recorded a Default on her credit file. On checking the credit file the Defendant has noticed the Claimants have incorrectly stated the commencement of the agreement as August 2005, and that late payments were made in XXX,XXXXX and XXXXXX 2009 when the full contractual payments were made and ask that this be amended to accurately reflect the account. (crap wording but think this is best place to put info about this - dont thnk you need to get all technical just put it as it isl)

5. The defendant does not feel the Claimants have treated her fairly, she has kept them informed prior to and throughout her period of financial difficulties. She believes that the Claimants have breached the Lending Code to which they subscribe, in continuing with recovery action despite being fully informed and contacted by a recognised debt management charity, CCCS,???? and have taken unnecessary court action in order to secure payment on the debt whilst the Defendant was trying to make payments to the best of her ability.

8. The Claimants have included late payment charges totaling £24 in the amount claimed,and the Defendant denies this amount is owing as being an unfair penalty and disproportionate to the Claimants costs in handling late payments.

9. The Claimants have continued to add interest and charges to the account since contractual payments ceased in January 2009 totalling £xxxxx. The Claimant does not believe these charges are justified because xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxx.

9. The Defendant believes the correct outstanding balance owing to the Claimant is £xxxxxxx and would ask the court to order the Claimants to accept payments in line with her current debt management plan of £xx per calendar month,until his circumstances allow her to increase that amount. The Defendant’s current Income and Expenditure Sheet is attached.

10. It is the Defendant’s belief that the Claimants intend to apply for a charging order on her property and she respectfully asks that the court only grant permission for this application should she default on the installments of £xx per month.


11. The Defendant respectfully requests that the Court does not award the Claimants costs in bringing this case against her, as it was unnecessary and serves only to add to the Defendant’s debt problem, and the Defendant seeks to conclude this matter without further cost to the Claimant or the Court.

12. The Defendant has found the entire episode very stressful and unnecessary, particularly as the Claimant has consistently attempted to collect the total outstanding debt from a very early stage, in spite of the Defendant doing everything suggested by the Claimants in their XXXXXXXXX leaflet and attempting to continue to repay the debt, be it at a lower monthly amount, despite being in a period of severe financial difficulty.


Statement of Truth
I believe that the facts stated in this Defence are true.
Dated this 2nd day of June 20....

To the court and

to the Claimant

SIGNATURE
..........................
JUMPER999
Defendant
of [Address],

[jumper999]

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

Well, you will have to request full disclosure under the CPR's and apply for an extension under same, until they disclose.

Thanks, I am in the process of that now.

[Angry Cat]

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

Thanks AC, would of helped if they had sent me the cca agreement as they claim and DN......but have asked for this info as all I received was the claim form.

Thanks

Well, you will have to request full disclosure under the CPR's and apply for an extension under same, until they disclose.

[jumper999]

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

Thanks AC, would of helped if they had sent me the cca agreement as they claim and DN......but have asked for this info as all I received was the claim form.

Thanks

[Angry Cat]

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

Nothig to do with the Consumer Credit Act!

Please see the following and in particular; Particulars of Claim:
http://www.hmcourts-service.gov.uk/cms/1116.htm

[jumper999]

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

It's just that I thought that agreements regulated by the CCA 74 were not allowed to have interest applied to them?

[Angry Cat]

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

Section 69 of the County Courts Act 1984.
Yes. the claimant can claim interest under same.
This has to be included in their POC.

[jumper999]

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

Thanks AC, but I think that is for people and not lenders applying for interest?

[Angry Cat]

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

Please scroll down to, Claiming Interest:
http://www.adviceguide.org.uk/c_star...urt_action.pdf

The AQ must be returned to the court, only.

[jumper999]

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

In HSBC's POC they have applied for interest pursuant to Sec 69 of the County Court Act 1984 at a rate of 8.000% per annum from the date hereof at a daily rate of # 0.76 to the date of Judgment or sooner payment.

Are they allowed to apply for interest on a CCA 74 regulated agreement?

Do you have to send a copy of the Acknowledgment of Service to HSBC too?

[jumper999]

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

I need to know that if I have any communications with HSBC, writing requesting information etc etc, then will all this be added to HSBC's costs before the hearing?

I need to get quite a bit of clarification from them if I am to file a defence and wanted to know would HSBC be charging me for sending this information to their bill of costs prior to the hearing?

I hope I explained that right?

[jumper999]

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

Well my credit card statements go back to Feb 06 as HSBC claim that I opened it in Jan 06

but my Bank Account statements go back to Apr/May 06, and if according to HSBC I opened my Bank Account in Jan 06 along with my credit card account then I should be able to see my statements going back to Jan 06............but can't.

My credit file shows that my bank account was opened in Jan 06 but payments starting from Apr 06. This is not rocket science as I can clearly see what has happened and what HSBC have done, getting them to admit this is another thing but I am not sure that the court will look too kindly at all on this either.

I should be able to see my statements for Jan 06, Feb 06, March 06 .......even if there was no activity on my account and showed a 0......I should be able to see this.

But they cannot provide me with statements going back to Jan 06 as they say I opened my Bank Account, because this is not true, unless they make them out of thin air which should not be too difficult seeing as what they have done to my credit card history.

[Amethyst]

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

I meant about statements after opening the account and online statements to inception rather than to when the account was opened type stuff.

[jumper999]

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

Thank you, I don't think it has got anything to do with the mechanics of this situation. It's a clear case that HSBC have messed up my accounts and have issued a claim against me with too many discrepancies in place, and issues unresolved.

A matter which could have been easily resolved from day one, but as they are so determined and believe that they are right and I am wrong then maybe the only and best outcome to bring an end to all this would be in court. At least there I will stand a chance of 1) being heard and 2) expect a fair judgment, even though with the possibility of having a CCJ against me.

At least I will know where I stood finally.