Court claim issued by HSBC on a faulty DN & TN

[jumper999]

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

Thank you for the advice AME, and I do find it hard if not impossible not to take this matter to heart, as anyone else would agree as it effects a big part of their life...........and maybe I am just a number to them, but to me I am not a number and there is only one of me and I have to do what is the best for me from now on.

You say that they just want to secure payment. When have I ever denied this too them?

It'll be an amount that I can afford, well if my initial offer was accepted from the start then there would be no reason to play this bloody cat and mouse game.

As for a charging order, then as far as I know these are not just dished out like confetti, a certain procedure has to be carried out prior to this.

If I do get a CCJ as I am sure that the court will look upon me as being very unreasonable right from the start and I was the one who breached the agreement first because I used the card for going to casino's and nightclubs.

When they will look at my statements and see what an extravagant and lavish spender I was then I am sure I will get a good hiding, in words that is.

Time to walk the plank me hearties and shiver me timbers the sharks I mean HSBC are really going to have fun when they get their teeth in me, LOL!

That is very good of you AME to offer to help me with my defence as I have been going loopy trying to get legal advice from a solicitor and barrister and no luck, so will take you up on that offer as soon as I get paperwork sorted.

[Amethyst]

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

The court will actually look at it quite sympathetically to your circumstances and see, as your defence will spell out, the efforts you have put in to resolve the matter. You'll get an installment order then they cant get a CO unless you miss payments, or if you get a forthwith order as the bank argue about length of time for payment, it will only be to obtain a charge order give them some security the installments you'll then be awarded.

The debt isnt massive though it might seem like it and we have people owing over £20k on £20 a month installments set through the courts.

If you go in all guns blazing its more likely to go against you as their documentation is in order. If you go in with the 'why is this happening all I'm trying to do is pay my debts and they won't let me, look I've done all this your honour, this shouldnt really be in court'etc then you are much more likely to get the result you want.

You will need an up to date income and expenditure sheet if you are going that route, or even if you are going to have a last ditch attempt to agree with HSBC on payments (you could write to them and ask to pay £xx a month and they stay the case in the interest of expense etc, spell out what you have done before, and offer a consent order that if you miss payments they can pick up the claim again)

Or fight, but the situation is not by any means unusual.

(I even had my payments accepted under a DMP with CCCS and was paying them every damn month, they still went to court and got it secured with a charging order, completely unecessarily, but they lost out as I got a huge collection charge (well over £1k) knocked off it by the judge so ended up with a smaller debt, over a shorter period, at the same rate I was paying through CCCS anyway)

[jumper999]

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

Thank you AME, I will have a think of what you have advised especially about the consent order.

Do you think there is a possibility that HSBC will accept and not go to court?

[Amethyst]

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

Theres always a possibility; don't know till you try, if you do, as it's an offer, make sure you mark the letter Without Prejudice. Then it won't come back bite you on the bum later, not that I think it would, if anything would be in your favour, but if they refuse and you then decide to defend fully on whatever defectivenesses, they can't come back with 'oh but she offered to pay last week' etc, if you see what I mean (trying to cover all bases here)

[jumper999]

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

That is something to think about, well say I was to write them this letter without prejudice then I believe that I should only be liable to pay the arrears on the date of the DN, regardless of it being faulty and including charges.

Because as they have been so unreasonable towards my reasonable request to offer
to pay and the actions they have committed prior to issuing me with a DN, and their actions after issuing this DN, then they should not be entitled to ask for the full balance.

Plus I still have a complaint which needs to be resolved and it has not and they have issued proceedings whilst I am still in dispute with them.

Offer to pay what is on the DN in full or we can go to court and let the court decide the best course of action. Despite having many things in my favor the tables could turn as I well aware of this fact.

[Amethyst]

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

But you did default and didn't keep up the contractual payments, and from January 2009 you didnt pay anything. They sent a DN in April, and defaulted you in May 09.

You could argue you should be allowed to pay the arrears as due in April, because they had ignored your letters, and then be allowed to pay at the contractual rate (thus reopening the agreement) but I can't think of a basis for doing that as you couldnt afford to do it anyway (else you wouldnt have been offering them less anyway - unless things have improved now)

I was thinking more along the lines of, yes I know I owe this debt, and have tried my darndest to pay it, and kept you informed every step of the way, but despite my offers to pay at X,Y,Z amounts you have ignored or refused me, and now, over a year later, you have decided to take court action, completely uneceesarily as I have been trying to pay you but you have been obstructing me entirely against the lending code and so on and so forth. Therefore, I again, and without prejudice, offer to pay this debt off at £Xx a month, reviewable according to my circumstances 6 monthly, and propose you draw up a consent order to stay the current proceedings in court, freeze interest on the debt, and allow me to make the payments I have been trying to get you to accept since Jan 09. Otherwie we're going to get tied up in court with the additional costs of that, and you have the security of knowing that if I do miss any payments I have committed to, you have the option of lifting the stay and reinstating the court action to obtain additional, and as yet unnecessary, security against the debt.

If you get what I mean.

[jumper999]

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

Thank you AME I get exactly what you mean,

Thanks

[Amethyst]

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

Sound xx

[The Debt Star]

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

Jumper, know this: there is at least one other person following this thread who understands and shares your tremedous sense of humour! I really do hope things go well for you.
DS

[jumper999]

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

Jumper, know this: there is at least one other person following this thread who understands and shares your tremedous sense of humour! I really do hope things go well for you.
DS

Ah thanks Lord Vader, or is that Mr Stevens?

Maybe I should contact Eddie Izzard and ask him for some good one liners to say to the judge, before he send me to the gallows? LOL!!!!!!!!!!

As this is not a game of who the F are you.....I can kill you a thought, I can kill me with a thought, no you have to have a tray.

Anyone who does not understand the above just to clarify it is not an abstract taken from the CCA Act, or any regulations, just a bit of light afternoon humour.

[Tools]

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

I understand your humour jumper, I do hope you aren't the one at the back of the teleporter wearing a red jumper covered in widdlywee.

[jumper999]

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

Thanks tools, but if I told I was then that would be giving it away LOL!!!!!!!!!!!

[Tools]

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

If you are, then you won't be coming back to the Enterprise.

[Guest]

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

Godzilla's argument was one of several on this thread, and jumper at no point accepted it as de facto.

Is it more the case that there have been questions asked of basic CCA provisions and the bank's interpretation that you are unwilling to answer, for reasons we can only guess at? And that Godzilla's posts are an alternative reason for abondoning ship?

Very disappointing, but very illuminating.

LA

I think this is addresed to me although since others plainly agree i dont why it whoul be.

I have answered these questions over and over again i wil post the links again if you wish.
My reason for abandoning this argument is because it is nonesense what other reason could there be.
Sorry AMY you seem to have injected a bit of sence into this thread dont wish to undermine it.

Peter

[jumper999]

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

I have been thinking and was wandering if anyone else found this odd to?

I signed me credit card agreement and posted this to HSBC, one would expect that it should take 2 days to get to HSBC if sent 1st class yes?

So HSBC would need to sign this after I do, but they have signed my agreement the same date as I have and this can't be true or is this a usual thing for creditors to do, or a simple mistake, I mean another simple mistake of HSBC's?