Court claim issued by HSBC on a faulty DN & TN

[jumper999]

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

The amounts on the DN include charges approx 2 mths worth, apart from that they seem to tally with the mths I was in arrears.

[Amethyst]

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

Wicked. So you can evidence that the amounts on the DN etc are incorrect?

[jumper999]

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

Yes every single one

[Amethyst]

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

Wrote to HSBC in Sept 08 not 09 with info that I would be in difficulty and sent them ref num which the CCCS gave me

Continued to make full payments up till JAN 09, then troubles started

D on credit file April 09 showing I was in 6 mths arrears going back to Sept 08 and a balance way above what was truly owed in April 09

Read more at: Court claim issued by HSBC on a faulty DN & TN - Legal Beagles Consumer Forum

Phew that makes much more sense and a much better argument.

You have your transaction lists (statments) for that period ?

[jumper999]

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

Thank you Ame,

it was 08 not 09

[Amethyst]

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

The POC is Oct 2010.

They have given you 'breathing space' before going for a CCJ of 18 months, after the default, during which time from Sept 09 to ????????????? when did you stop paying affordable payments ? - they gave you breathing space to up your offer etc.

I don't think a court will see that as unreasonable. Even though they didnt accept your DMP officially, they took the payments and didnt take court action whilst it was in place.


( putting it another way, you defaulted on the agreement, tried to sort things by making affordable payments while you got sorted, instead of things improving and you upping payments, things got worse and payments diminished, then stopped?, so HSBC think okay we gave her a chance and she hasnt shown commitment to keep to these arrangements we'd better go get this secured somehow with a CCJ, and possibly a charging order if she doesnt pay under the CCJ )

[Amethyst]

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

Okay, so the Default notice (May) was before CCCS and offer of affordable payments made in Sept 09.

So the offer of affordable payments etc could not have had any affect on their decison to Default the account.

It should only have had 3 late payment markers on though (Feb, march april) - possibly 4 if you include May depends when your payment date was, then a D in June.

So 2 extra LP markers ?


When you say ''advised HSBC prior to getting in to difficulty'' - was that before January, or before May ?

Your brothers agreement, is it the same up to the signature page, then additional pages showing the full T&Cs like clause 8 and clause 3f.

Bank holiday only matters if the interpretation act applies, which according toCostas judgment it doesnt.

[jumper999]

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

Hi Ame,

no term allowing immediate termination on a breach,

last contractual payment Jan 09, not the minimum though

Affordable payments, Sept 09, advised HSBC prior to getting in to difficulty, and received advice from cccs in Sept 09

HSBC refused offer of payments, but warned them in Sept that I would be making lower payments just a while until I get priority debts in order.

DN was in MAY 09

D put on credit file in April 09

The outcome I am hoping to achieve is that if HSBC did not batter me around like battered cod, and accepted that I was in genuine hardship, then things would have been better.

The saying two wrongs don't make a right, and yes I admit I was wrong as the 1st party to breach, but at that time I did not look at it that way as my intentions were not to be in that predicament for long, and just needed a little time that's all ,

morally of course I have a duty to pay back what I owe there is no doubt about that. Officially I think that HSBC should be strung up by their xxxx's OFFICIALLY!!!!!!!!

------------------------------- merged -------------------------------

Also have you got a copy of the Credit Card Agreement Terms, which are refered to in numerous places in the agreement. (clause 8, clause 3f etc)

Hi Ame,

Blimey I ain't got a copy of my cca, let alone the t's & c's.

I know the copy HSBC sent is a recon and not a true one as my OH's is exactly the one I signed as I remember there were so many pages, 7, and the one I have got from HSBC is only 3.
------------------------------- merged -------------------------------

This one is dated 19th May to remedy 2nd June.

Posted 19th, received 20th, 14 days to close of play on 2nd June.

(I know it probably wasnt received on 20th just theoretically btw)

There was also a Bank Holiday between 19 May and 2 June 09, don't know if that makes a difference?

[Amethyst]

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

Also have you got a copy of the Credit Card Agreement Terms, which are refered to in numerous places in the agreement. (clause 8, clause 3f etc)

[Amethyst]

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

This one is dated 19th May to remedy 2nd June.

Posted 19th, received 20th, 14 days to close of play on 2nd June.

(I know it probably wasnt received on 20th just theoretically btw)

[MIKE770]

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

lot of HSBC DN!s come in @ only 5 days notice to remedy if I remember?

[Amethyst]

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)

[jumper999]

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

Now how come I couldn't sum it all up like that anyway, yes basically in a nut shell.

Yes it is at Northampton.

Also HSBC terminated my agreement 1 month prior to issuing me with a DN, faulty or not, They closed my account and prior to issuing the DN they sent no warnings in their letters that they would report me to the CRA's if I did not pay.

All these warnings came after they issued me with a DN, and they informed the FOS that they closed my account in Sept which is not true.

My Equifax report shows that account closed with 6 mths arrears which is a total lie, and a sum which also not correct, they pre decided all this before giving me a chance.

Tried, judged and executed without a fair trial,

[Amethyst]

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

Did they file at Northampton or a local county court ? Doesnt really matter as you have the CCA anyway (I think am not quite sure of the 8 pages/brother argument - is the one on post 1 a recon of the wrong agreement and the interest rates/terms differ?) If through MCOL no it doesnt need to be attached, if through CC it should be, but not unusual for it not to be, and you have a copy anyway.

Earlier you were asking about the payment clause. I think its quite clear on the Terms the repayment of £5 or 3% etc bit.


So the defence is...(just seeing if I've got it)

DN didnt give enough time to remedy (but we know thats a bit hedgy due to Brandon/Costa)

That you tried to negotiate a repayment plan and get a definitive figure of what was owed from HSBC but they refused to cooperate until you went to the FOS when they said they'd accept payments of £1 but not what against, breaching CPUT, Lending code etc. by ignoring those efforts and taking you to court regardless.

Anything else?

[jumper999]

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

I thought it was only us women that got PMT LA? ha ha,

Anyways back to the battlefield, not sure if I have asked this before, but when I received my POC from HSBC, a week today, were they not suppose to send me a copy of my cca? I know that they have written that I defaulted in May 09 and also know that do not need to supply a copy of the DN.

Or do I just go by the copy that I have, even though it looks like they got snow white's dwarf's to write it out, or could be santa's elves?