Court claim issued by HSBC on a faulty DN & TN

[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

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

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

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

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

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

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.

[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

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

[jumper999]

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

Just a quick question,

I was sent a copy of my cca agreement by HSBC after I sent my cca request. They sent me a 3 page agreement even though I believe that it was a seven page agreement, but saying that and having to prove that is another story, I only have a copy of my OH's agreement to go by and know that mine was exactly the same as his because he took out the same agreement approx 6 weeks after I did.

I only have a copy of the terms and conditions which the FOS sent me after they had been sent to them by HSBC, On the terms and conditions sheet no reference is given as to what year these applied to, so could be for any agreement?

As I believe that my agreement is a reconstructed agreement, and seeing as HSBC have instigated legal proceedings against me, can I ask them if the copy of the agreement that they sent me is a true copy? and also if it is can I ask them for a copy of the terms and conditions that applied to my agreement when I took it out?

Thanks

[middenmess]

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

Just a quick question,


As I believe that my agreement is a reconstructed agreement, and seeing as HSBC have instigated legal proceedings against me, can I ask them if the copy of the agreement that they sent me is a true copy? and also if it is can I ask them for a copy of the terms and conditions that applied to my agreement when I took it out?

Thanks

IMO-yes and yes.

AFAIK-They have to do both.

[jumper999]

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

Thanks mm

[middenmess]

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

They have to supply you with the t & C's that applied at the inception of the account.

[Angry Cat]

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

They have to supply you with the t & C's that applied at the inception of the account.

Absolutely!

[Turboman]

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

Jumper

Is the stuff you sent me to do with this thread?