Court claim issued by HSBC on a faulty DN & TN

[pt2537]

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?

nah totally irrelevant , even if it were a breach it would be on that could be remedied under s127(1)&(2)

[jumper999]

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

Oh bummer thanks pt,

Worth a go, just trying to get as many points together as I can in case things don't go as I hope.

[jumper999]

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

My case is not a case of won't pay can't pay, it's more of can pay but not as much..........and hoped that HSBC would accept my offer in a genuine crisis.

Maybe I could/should have done things different or walked that extra mile, but I did receive advice from 3 agencies before making this request. Had I known that things would go so far then I would have thought of something else to do.

There is no doubt that I breached my agreement, and this I have never denied, but one thing that HSBC will not be able to prove is that I have been unreasonable, and that I ignored them, and never made any effort to come to an agreement. I will just tell the court that I had everything I possibly could to resolve this matter.

End of the day the court will not order me to pay back more than I can afford, and HSBC know this...........so why bloody go to court? just to get a CCJ against me and hope I will slip in making payments then apply for a CO?

Well that will be another thing I will add to my list of HSBC's unreasonableness which should fit in nicely under s140 unfair relationship!!!!!!!!!

[jumper999]

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

There is also another thing that HSBC have done which is very disturbing and not registering. They say that I opened up a Bank Account the same day that I opened up my credit card account and no way is this true for a fact and that I can prove.

What I believe that they have done is lost my credit card application form and used my signature from my Bank account and copied it on to my credit account agreement. I could not access my credit card statements online as they had taken this away shortly after Jan 09 so could not go back. Saying this and proving this will be a bit difficult but with the evidence that I have with me should be enough to cast doubt on HSBC's credibility and how they have handle my case.

HSBC sent my cca agreement and documents to the FOS when I made a complaint against them. The documents they sent were;

a) An application form to open a Credit Card with my signature dated 18/01/06
b) An application form to open Bank Account with my signature dated 18/01/06

I know for a fact that I did not open these two accounts on the same day.

My credit report shows that the Credit Card Account start date is 18/01/06, but show payments being made from Sept 05, and I do not have any statements to show this or anything else but I know for a fact that I did open my account in Sept 05.

My credit report shows that the Bank Account start date is 18/01/06, but payments being made from April 06.I have printed off my Bank Account statement online and it shows that this account was opened in April 06. If I did open up my Bank Account on 18/01/06 then I should be able to access statements dating back to 18/01/06 online, but I can only go back as far as May 06.

Even if I did not use my Bank Account between 18/01/06 and April 06, I still would be able to access these statements regardless of any activity made or not.

HSBC also sent an application notice to the FOS and all the details are incorrect. What they have done is somehow combined my credit card and bank account details together.

The point I am trying to make is that I know for a fact that I did not open my Credit Card account in Jan 06; neither did I open my Bank Account in Jan 06. Where HSBC have got this date from I do not know. I do have another HSBC account which I opened in 03 and still have.

The reconstructed credit card agreement that HSBC sent does not look anything like the true copy, because my husband has an exact agreement and I have compared it.

http://i450.photobucket.com/albums/q...nCCAccount.jpg

http://i450.photobucket.com/albums/q...OpenBankAC.jpg



If anyone still thinks that I have lost the plot and making things up in thin air the please say.

[Amethyst]

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

lol, still ?

I don;'t think you have lost the plot jumper, just trying desperately to find a way out of the situation you are in through no fault of your own. You just have to be careful you arent reading more into things than are there.


One thing to consider when lookng through your memory banks is

In order to apply for an HSBC Bank Credit Card you need to:

• Have an HSBC current account.
• Pay more than £500 monthly into your current account and have a salary of £8,500 or more. If you're a student account holder you don't need to pay a minimum amount or salary into your account.

Is it possible you applied for the card and the account at the same time in order to get the card ?

Have you copies of the account opening form ? (oh yes - you said http://i450.photobucket.com/albums/q...OpenBankAC.jpg

b) An application form to open Bank Account with my signature dated 18/01/06 )

Not sure how current accounts work statements wise - leclerc will have a better idea so any q's on opening accounts and statements from the beginning etc might be best directed at him.

[jumper999]

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

Hi AME,

No I did not apply for a HSBC Bank Credit Card, just an ordinary credit card. As I was an ordinary housewife when I applied not a student.

The Bank Account that they are referring to is a completely separate account which I applied in Apr/May 06. Both these accounts are two different accounts, and how they have managed to roll them in to one does not make any sense.

I have posted up the application form to open up a bank account in post 274.

What I am trying to get at is.......that even though I cannot prove that I opened up my credit card account in Aug 05, although my credit file shows I did

However I can prove that I opened my Bank Account in Apr/May 06........so how HSBC have managed to get my signature and backdate it to show that I applied for my bank account in Jan 06 is nothing but false and misleading information. My credit file also shows that I opened my account at this time.

If I am wrong and still misunderstanding this then please show me.

[Amethyst]

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

Okay, '' I can prove that I opened my Bank Account in Apr/May 06 ''

How?


(credit card stuff Credit card: 0% deals from HSBC is what I was looking at just for an idea whether having an account was a restriction in having a credit card)

edit: heres their credit card pages from Jan 4th 2006 - Credit cards: interest, rate: HSBC Bank UK

[jumper999]

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

There were no restrictions on me when I applied for a credit card. HSBC sent a copy of the terms and conditions relating to my credit card account to the FOS along with a copy of my cca.

My credit file shows that my HSBC Bank Account was opened in Jan 06, but payments starting from April 06.

Now I have access to online banking with HSBC and if I did open my Bank Account in Jan 06 as they claim then why can't I access my statements going back to Jan 06. The earliest statement that I can access is Apr/May 06.

Even if there was no activity in my Bank Account between Jan 06 & Apr 06 I should still be able to see and have access to these months IF I opened it in Jan 06.

Am I still wrong?

I have attached a copy of HSBC's terms & conditions which they sent to the FOS, you may add this to your google library

http://i450.photobucket.com/albums/q...ion06Page1.jpg

http://i450.photobucket.com/albums/q...ion06Page2.jpg

[Amethyst]

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

Thats the bit leclerc would be best answering on as he understands the mechanics of these things.

[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.

[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

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.

[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

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?

[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.