HSBC DG Solicitors

[Gorang]

Re: HSBC DG Solicitors

Hi Barton

Sorry I not been around the last few days, I have been up over the head with work but hopefully thats it calmed down again now, so I can now concentrate with the real work thats needed on the site here

I see you got really good advice above regarding posting the N244 and unless order to DG, thank you all

Have you now got it sent away?
Have you heard anything back yet?


CC
Thanks for your comments in post 85, its allways good to get another pair of eyes to spot stuff like that
Yeah I agree, that would of made 7. make more sense and would of been better, Unfortunitly to late for this one now but thanks anyway and I will add that for the next time, as I think there is going to be a few defences like this needed, as I as of tonight am working on another similar case to this over at PCF too, so this seems to be a fast growing trend

File a crappy POC when the account has not been defaulted and hope for a judgement by default

I really just wonder how many cases like this that are out there, that we don't get to know of, and how many of them that they do get the judgement by default

I think I would urge peeps to ask members that get a crappy POC filed against them, to look at the default dates and process FIRST and see if that is the reason for the crappy POC and if it is then just do as we have done here for Barton



Dougal

LOL I like the sound of that roasting lol.
I know where I am coming when I need a heat for a long time, I'll just take DG over to you lol

Barton

Keep us posted and another questions then please just shout

[Barton99]

Re: HSBC DG Solicitors

Gorang

I just thought I would keep you up do date. Nothing to report !

Sent N244 to DG I have heard nothing from them or from the court.

Thanks

R

[Barton99]

Re: HSBC DG Solicitors

Just to keep you all posted I received a letter from DG Solicitors saying that they are awaiting their clients instructions and will write to me in due course.

I have also today received notice from Norwich CC that the case has been transfered to Durham CC

I am just a bit curious as to how the unless order works as we gave DG five days to respond

Should the Norwich CC have had this struck out for non compliance?

Thanks
R

[Gorang]

Re: HSBC DG Solicitors

Just to keep you all posted I received a letter from DG Solicitors saying that they are awaiting their clients instructions and will write to me in due course. So they are starting to cr*p themselves as they know they don't have the paperwork to back up the cr*p they say

I have also today received notice from Norwich CC that the case has been transfered to Durham CC good

I am just a bit curious as to how the unless order works as we gave DG five days to respond yes but the 5 days will NOT start until the order has been granted, and since the case has just been transfered then a judge at Durham will not have looked at it yet, I suspect

Should the Norwich CC have had this struck out for non compliance? No as they do not have jusisdiction as it has been transfered to durham, and once its transfered then thats when the judge will consider the unless order

Thanks
R

I suspect when the judge looks at the unless order he will prob give them 7 to 14 days to comply

seems to be the trend the judges have been doing in other cases with the unless orders that I have been involved with, 2 of which have already been struck out for non compliance with the unles order

keep us posted with further developments

[Barton99]

Re: HSBC DG Solicitors

Just heard from Durham CC today. Hearing is listed for 28th Feb 2011


WE are offered the mediation service first to try to settle by negotiation


Conditions

1/ Each Party must deliver to every other party and the court all documents on which that party intends to rely at the hearing no later than 14 days before the hearing

2/ The original documents must be brought to the hearing

3/ The claimant (HSBC/DG Solicitors) must pay a hearing fee of £325 by the 14th Feb

If the hearing fee is not paid then court could make an order for the claim to be struck out

I will have to prepare papers for the hearing but I would expect to hear from DG before that

Anybody any thoughts?

Thanks

R

[teaboy2]

Re: HSBC DG Solicitors

Sounds like the court is just following standard procedure setting a hearing and asking both sides produce the documents within 14 days before the hearing.

Like the early christmas present that the judge ordered from HSBC/DG solicitors, they will not be happy paying £325 lol.

Anyway, just start preparing what documents you currently have, if any, and also be prepared to for any documents that HSBC/DG send you (Just incase they do send them). Though i suspect they will likely drop the claim considering the last we heard they were waiting for their cleints instructions.

[Barton99]

Re: HSBC DG Solicitors

Just heard from DG They have said;
We have contacted the Small Track Mediation Service and it appears that you have not indicated willingness to use the Court Mediator.

We write to advise that we are agreeable to use mediation to faciltate conclusion of this matter and in order to avoid unnecessary legal costs and judicial time. We therefore request that you inform us of your intentions regarding bringing an early resolution to this claim.

We trust this clarifies our Client's position and await your response.

Any views? Seems to me that they are reluctant to pay the £325 fee and are trying to get something through this route?

Just would appreciate your views

Thanks
R

[teaboy2]

Re: HSBC DG Solicitors

I doubt its because they are reluctant, but more down to the fact they can not win without a valid agreement or valid DN. Put it this way if they did win you would have to pay all their costs. So knowing they will not win, means the they would be knowingly throwing away £325.

They are simply trying to get you to enter mediation for a debt they simply can not enforce. They still have not produced a valid agreement or a valid DN, therefore until they do there is nothing to negotiate as they have not provided any evidence the debt is enforceable or that they are even entitled to enforce the debt through a court. Or atleast that is what my response would be to their request.

In any case they have until the 14 Feb so only 26 days to go.

[Barton99]

Re: HSBC DG Solicitors

Thanks Teaboy I have sent that response

R

[Barton99]

Re: HSBC DG Solicitors

The Court informed me that DG had not paid the fee by yesterday afternoon and that the claim has been struck out.
DG had sent me two letters just about begging for me to go to mediation. I told them to bring their proof to court and they have failed to do that.

A big thanks to you all especially Teaboy & Gorang I could not have done it without you

R

[MIKE770]

Re: HSBC DG Solicitors

well done result = change heading?

[Barton99]

Re: HSBC DG Solicitors

Yes excellent idea

[teaboy2]

Re: HSBC DG Solicitors

Well done Barton, excellent result!

[ketsudo]

Re: HSBC DG Solicitors

Hi - I know this is an old post, but do you still have any letters from DG solicitors? It's very important! Thanks

[MIKE770]

Re: HSBC DG Solicitors

What are you after?? give an idea . have you a thread?