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I should say right from the start that we are not trying to weasel out of any debt, however we would like to negotiate with HSBC from as strong a position as possible. My Wife had an account with the Midland Bank from approx 1986 and a credit card from approx 1988-94 (she genuinely can’t remember). In 2005 fell out with HSBC and closed her accounts. We started looking into the bank and cc charges and had some sucsess with the bank account. After taking some advice from another website applied for a copy of her CCA for her credit card with HSBC.
They replied that they could not find the agreement. We have been trying to negotiate with them to reduce the debt but they are not interested and issued a default notice in about 2006 At this stage we wrote to them advising that we would not enter into any further communication with them until they removed the default from her credit record (as advised by the website). The next communication was a court claim form from Northampton County Court seeking the balance of £6797.32 plus interest.
Letter sent to HSBC and DG Solicitors requesting documentation sent 3/9/08. Court papers responded to, defence submitted etc etc. 30/9/08 statements and a blank copy of CCA and terms and conditions. Submitted a defence as suggested by the Mods and nothing else was heard. After a month I phoned the court and was informed that the case had lapsed, this was in November 2008. We have heard nothing since until 28 Feb 2010 when we received a parcel from DG Solicitors. Along with a number of statements going back to 2002, there was copy of a credit card request form printed 28/5/05 with Mrs stevej’s name and our current address. There was also photocopy of a credit card agreement terms printed 6/7/06, a notice of variation dated 16/5/06 and a photocopy of the standard default notice which is not dated and is addresses to Dear “system variable”. I have attached a copy of the letter and the credit card request form.
As you can see from the letter they are threatening to seek a summary judgement if we do not respond by the 25th Feb. Again we heard nothing more until we received another letter threatening a summary judgement about 2 weeks ago. I’m afraid I did not pay enough attention to it because we received a copy of a General Direction Order lifting the stay, striking out our defence and granting a CCJ.
Obviously I now have to respond very quickly, one way or another. Our defense was that the CCA was pre 2005 and they could not provide a true copy and the copy they sent us was not correct as it was an HSBC form and not a Midland one, it was dated several years after the original and I find it difficult to believe the prescribed terms are the same.
I would very much like some advise as were we go from here, I can file an N244 and try and get the judgement overturned, but is it worth it? I have copies of all the relevant doc if that would help?
They replied that they could not find the agreement. We have been trying to negotiate with them to reduce the debt but they are not interested and issued a default notice in about 2006 At this stage we wrote to them advising that we would not enter into any further communication with them until they removed the default from her credit record (as advised by the website). The next communication was a court claim form from Northampton County Court seeking the balance of £6797.32 plus interest.
Letter sent to HSBC and DG Solicitors requesting documentation sent 3/9/08. Court papers responded to, defence submitted etc etc. 30/9/08 statements and a blank copy of CCA and terms and conditions. Submitted a defence as suggested by the Mods and nothing else was heard. After a month I phoned the court and was informed that the case had lapsed, this was in November 2008. We have heard nothing since until 28 Feb 2010 when we received a parcel from DG Solicitors. Along with a number of statements going back to 2002, there was copy of a credit card request form printed 28/5/05 with Mrs stevej’s name and our current address. There was also photocopy of a credit card agreement terms printed 6/7/06, a notice of variation dated 16/5/06 and a photocopy of the standard default notice which is not dated and is addresses to Dear “system variable”. I have attached a copy of the letter and the credit card request form.
As you can see from the letter they are threatening to seek a summary judgement if we do not respond by the 25th Feb. Again we heard nothing more until we received another letter threatening a summary judgement about 2 weeks ago. I’m afraid I did not pay enough attention to it because we received a copy of a General Direction Order lifting the stay, striking out our defence and granting a CCJ.
Obviously I now have to respond very quickly, one way or another. Our defense was that the CCA was pre 2005 and they could not provide a true copy and the copy they sent us was not correct as it was an HSBC form and not a Midland one, it was dated several years after the original and I find it difficult to believe the prescribed terms are the same.
I would very much like some advise as were we go from here, I can file an N244 and try and get the judgement overturned, but is it worth it? I have copies of all the relevant doc if that would help?
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