Court claim issued by HSBC on a faulty DN & TN

[pt2537]

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

The point i make is that , HSBC will send Counsel, and the instructions are likely to include a request for costs.

I can see the Claimant making submissions that costs should be paid, and im merely pointing this out, so that hopefully there will be prepared arguments for as to why they shouldnt be awarded.

[jumper999]

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

Thanks pt & LA, I did read that and think mmmmmmmm, crikey! more debt. Well as you say pt costs can/have been awarded in substantial sums under the CPR 27 (G)...........

Costs on the small claims track

27.14

g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably;

Is this the part you mean pt?

I believe that costs could be awarded against me because I have behaved very behaved unreasonable.

[pt2537]

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

(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably; and


sorry, it is 27.14(g) i must have over wrote the ".14" when i typed the (G) part


but costs are not automatically granted, infact, the rule is the same across every court case. It is the judges discretion on what if any costs orders he or she makes.

[Lord_Alcohol]

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

Yes, agree, but normally the winning party's legal costs are not paid, unless there is justification, AFAIK.

CPR 27.14(2) sets it all out (I couldn't find CPR 27(G)).

Costs in small claims are not automatically awarded to the winning party, yes?

LA

[pt2537]

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

small claims track is not a no costs area, costs can and have been awarded in substantial sums under CPR 27(G)

so, there should never be an occasion where a party is advised that there is no costs. it simply isnt true

[Lord_Alcohol]

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

Just checked, and no costs apply to small claims. No idea why this has been mooted - jumper does not need additional anxiety at this stage.

Does jumper really need a barrister to defend this claim?

LA

[Lord_Alcohol]

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

Isn't this more likely to be Small Claims Track? Costs are less, yes? Unlikely to be £3K I would have thought.

LA

[Angry Cat]

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

weird, yes, very weird.

Not so weird, really.
Because costs could amount to £3,000, against a claim of £3489.

Hate to say it but those are the bare and plain facts that are placed before some LIP's.

I hasten to add, that every case is different and Counsels opinion could make a difference: Public Access Barristers.

[jumper999]

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

weird, yes, very weird.

[Amethyst]

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

Just to remind myself how much it was for as I kept flipping back and forgetting again (ref court track/benefits vs risk) nothing weird lol.

[jumper999]

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

Is there a term in the contract that allows immediate termination on a breach (ie send back cards/stop using and pay up etc).

When did you make your last full contractual payment (ie the min of £5 or 3%) ?

When was your first 'affordable' payment under the DMP (self administered or CCCS whatever).

How long were those payments made for ?

When did those payments stop ?

When was the Default notice ?

Remedy date of DN ?

When was the D put on the credit file ?

Those dates should make it obvious whether it is right or wrong (officially not morally)


What outcome are you hoping to achieve ?

(claim £3489)

Ame, may I ask why you have put claim £3489 at the bottom of your post please?

[jumper999]

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

This is the best part page 3 which reads:

Be aware

If you mis payments, ignore calls and reminders and fail to comply with a demand for repayment or are unable to agree an alternative acceptable agreement we may pass details of your default to a Credit Reference Agency.

What they should have written is:

Be aware Be very aware

If you miss payments, not only will we not listen to you, no matter how much you write and inform us of your financial difficulties, you must pay us first and all other debts after, if they cut your gas and electric off, get some candles and eat raw vegetables un till you have paid us off.

We will decide what is an acceptable payment and not you, so compromise is out of the window, we will also report you to the Credit Reference Agencies before we give you a chance to explain what has happened because at the end of the day we really don't care.
And if you make a song and dance about it, not only will we apply for a charging order, but will have the right to take your house, make you bankrupt, and put you on the MOST WANTED CRIMINALS LIST all around the world.

So please be aware and do not make us angry and you would not like to see us angry. You have seen the Hulk? Well we need not go any further than that, understood?

Maybe HSBC have updated their putting your finances in order since then, and they are much more friendly, kinder and helpful towards their customers when they commit the cardinal sin and breach their agreement?

Any one have a copy please let me know.

[Amethyst]

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

Excellent, should help with your arguments

Thanks.

[jumper999]

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

On a farewell note thought I would post this info up, in case anyone goes through, lord forbid, something like I have/am.

Just dug this up, dated 06/08, I assume that June 2008.?

Maybe Ame you can add this to your library of cca terms for future ref, thanks

I must have been reading it upside down or back to front, explain why I did not get anywhere.

http://i450.photobucket.com/albums/q...BCFinance1.jpg
http://i450.photobucket.com/albums/q...BCFinance2.jpg
http://i450.photobucket.com/albums/q...BCFinance3.jpg

[jumper999]

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

No probs as Arnold Swatrzniggar would say


I'LL BE BACK!!!!!!!!!!!!!!

and if I don't I've either got 10 years for breaching my agreement and lost or I will send you a postcard from the Bahamas saying that I won and HSBC had to pay me £10k in costs LOL!!!!!!

Damn, am I dreaming already? Got to get out of this bed and wake and smell the coffee.