HSBC DG Solicitors

[teaboy2]

Re: HSBC DG Solicitors

I Agree with you Gorang. Its certainly the most logical way of dealing with this court claim.

[Barton99]

Re: HSBC DG Solicitors

Thank you both for all your help.

I have had no contact with the Court since Jan.

Must have been DG solicitors that asked for the stay it says in their letter that it has been stayed. No reason was given

I have never admitted the debt at any time

I have been travelling today so I will try to phone the court in the morning. Should I ask for a transfer and should I inform them I want to ammend my defence?

Thanks

[Gorang]

Re: HSBC DG Solicitors

Hiya

Thank you both for all your help.

I have had no contact with the Court since Jan. Ok then we defo need to contact the court to make sure there has been no other movement since then

Must have been DG solicitors that asked for the stay it says in their letter that it has been stayed. No reason was given could ask the court what reason it was stayed and see what they say

I have never admitted the debt at any time good good

I have been travelling today so I will try to phone the court in the morning. No probs, as soon as we know for sure there is no onther changes on the claim then we can get your defence and unless order made up
Should I ask for a transfer and should I inform them I want to ammend my defence? I personally wouldn't say anything at the mo as we can do everything via a N244 and unless order, and it would be a nice surprise for the claimant too if they don't get prior warning lol
Thanks

[CleverClogs]

Re: HSBC DG Solicitors

And if they think about submitting a new claim in the future then hit them wiith abuse of process and make them seek the couts permission to proceed with it

One might wonder if the antics of the claimant and/or their lawyers - getting the action stayed, then trying to get it revived after a year - could be consider to be abuse of process.

It does rather look as if they were playing some variant on a game of Silly Buggers.

[Gorang]

Re: HSBC DG Solicitors

CC The answer to that is yes it will be
http://www.legalbeagles.info/forums/...363#post231363
Post 6

It does rather look as if they were playing some variant on a game of Silly Buggers.

They are just trying to go for the default win by hopeing that the claim does not acknowledged or defended the claim, once they get the CCJ then the account is worth more for a resale value to other parisites that will chase for the money

I suspect that they will dismiss the claim once the N244 and unless order is submitted

[teaboy2]

Re: HSBC DG Solicitors

I suspect they would argue that they got the stay due to the original defence bringing new arguments to their attention which they had not previously addressed and needed time to look into.

Though it can be counter argued that they had the same paperwork as the OP and therefore they would have known majority of the points raised in the defense would have had limited chance of success.

So really the OP has been very lucky they did stay the claim as if they hadn't then without the invalid DN arguement in the defence, they would have probably lost in court with the original defense.

I suspect though that as the terms and conditions where seperate from that of the actual agreement that that may have played a majoy part in their decision, especially when you look back at the recent High Court case involiving link finanicial about an MBNA credit card debt where the terms were allegedly supplied in a booklet seperate to the agreement. As they would have to prove that the OP had received the the booklet with the terms and that it was present at signing. Though i am only assuming which is all one can do right now, but whatever their reasons, they have certainly thrown the OP a legal lifeline and probably now shot themselves in both feet at the same time.

As gorang said, once the amended Defence and unless order is submitted, i can not see them risking taking this matter further.

[Barton99]

Re: HSBC DG Solicitors

I have contacted Norwich CC today. They have told me there is nothing on file since Jan when I contacted them.

DG have not asked for the case to be stayed and no allocation questionares have been sent out.

[teaboy2]

Re: HSBC DG Solicitors

So who asked for the case to be stayed then? I don't understand why it was stayed if neither you or DG asked for the stay. Seems strange how DG referred to the case as being stayed in their letter to you, yet according to the court they never asked for it to be stayed. It certainly sounds to me that they did ask for the stay.

[Barton99]

Re: HSBC DG Solicitors

I asked the same question and was told that they have not had any contact at all from DG Solicitors

[MIKE770]

Re: HSBC DG Solicitors

Mine was stayes because they had incorrect data by the court origionally it seems.

[Gorang]

Re: HSBC DG Solicitors

I think I know what is going on here

I'll bet the court put the claim into an automatic stay coz

I'll bet that after you submitted your defence, DG has NOT responded for allocation therefor no AQ's are sent out and if I remember right they have only 28 days to respond once your defence is submitted

strangely enought I am dealing with a member over the road that this has also happened to, but his case a a bit different, as he had made an offer for the debt ages ago, but the offer has never accepted OR rejected,

his thread is here if you want a look at it and post 57 has the N244 and unless order that I will adapt

http://www.penaltychargesforum.co.uk...ard-Debt/page6

so we have submitted on monday (yesterday) a unless order for them to either accept or reject the offer and if they reject then they have to provide CCA, DN and NOA (they have none that is valid and we can prove it)

OK I think we need the unless order in very soon

I will adapt the one we used this week and will get it posted up a soon as I can so you can get this submitted asap Barton

[teaboy2]

Re: HSBC DG Solicitors

I think I know what is going on here

I'll bet the court put the claim into an automatic stay coz

I'll bet that after you submitted your defence, DG has NOT responded for allocation therefor no AQ's are sent out and if I remember right they have only 28 days to respond once your defence is submitted

strangely enought I am dealing with a member over the road that this has also happened to, but his case a a bit different, as he had made an offer for the debt ages ago, but the offer has never accepted OR rejected,

his thread is here if you want a look at it and post 57 has the N244 and unless order that I will adapt

http://www.penaltychargesforum.co.uk...ard-Debt/page6

so we have submitted on monday (yesterday) a unless order for them to either accept or reject the offer and if they reject then they have to provide CCA, DN and NOA (they have none that is valid and we can prove it)

OK I think we need the unless order in very soon

I will adapt the one we used this week and will get it posted up a soon as I can so you can get this submitted asap Barton

Or we can just apply for strike out as they are clearly out of time - that will catch them off guard.

[Gorang]

Re: HSBC DG Solicitors

Or we can just apply for strike out as they are clearly out of time - that will catch them off guard.

We also wondered about doing that in shep's case but what we came up with was
we thought that the unless order with a nice kick to it would have more affect and the judge would need to have a good reason to reject it

but if we just applied for a strick out due to abuse of process then the judge could and probaly would allow them to continue, with him just giving them leniency, and he would not need to base his reason on much at all for this

We just felt that the unless order would have a better chance of the claim being struck out or dismissed

What you think? ?

Or do you know of any way we can make the app for a strike out stick and force the judge to have a bloody good reason to allow them to continue other than him just giving them leniency due to almost nothing? ?



O just remembered

Barton can you also check your CRA reports with experian, equifax and call credit to see what they have recorded for the default date on this account please

It will only be with one of the CRA's but there is no way in telling which one of the 3 they will have used

With a bit of luck it will be on the 27/11/09 but I suspect it will be after that

[Barton99]

Re: HSBC DG Solicitors

Teaboy/Gorang

Thanks very much, Will have credit details in the morning

[Barton99]

Re: HSBC DG Solicitors

Checked with Call Credit it was posted on 8th Nov 2009.

Do you still want me to check with the others?

Thanks