HSBC & D.G

[MIKE770]

Re: HSBC & D.G

DJ quoted from my Brandon Citation to HSBC solicitor who D.G. had not informed of my defence statement, I gave him a copy, then he had anticipated from earlier conversation at the last hearing and basically quote from White Book CPR rules (40.1) of civil procedures, as I had admitted in the 1st place the CPR I used was incorrect and the DJ said she had to agree then, I should of quoted another set aside CPR (14.1) (1), regarding admission., also Brandon was the claimant, and I was the defendant so CPR supersedes the judgment, the DJ on summing up said the CCJ stays, BUT STAYED for 2 months because the FOS are investigating a complaint from me, and to inform the court any deliberation, I had also pointed out having trouble with HSBC over SAR request timings as it should of been here fully by now.


Is this correct: CPR s can rule out judgments if the judgment is for a claimant BUT if you are a defendant the CPR over rules A Judgment???

Well looking at the FOS final letter just received,they state quote:- Whether a lender is able to produce the Original Credit Agreement may affect its enforceability . AS has been previously explained, this is more a matter for the court to consider than this service, which is an (INFORMAL FORUM), set up to look at what is fair and reasonable, not the strict application of the Law. Mr xxxxx is currently involved in legal proceedings regarding enforcement of this debt, and this is the more appropriate place for him to have this issue dealt with.>

The Bank is entitled to take action, they do not uphold complaint.

Now we know that the FOS is just an INFORMAL FORUM.!!!!!!

[MIKE770]

Re: HSBC & D.G

Note:- CCJ after awaiting FOS investigation/complaint, took too long and I only found out that the DJ must have gone ahead early last year and reinstated CCJ without informing me, because could not wait any longer for FOS decision, Noddle is the way I found out a couple of months ago as the entry states Satisfied since last August.

Also on the set aside I tried in November 2011 was refused in the end as I was the claimant on the set aside and the incorrect CPR rule was quoted (given to me by mistake) almost got it because of the Brandon Case I supplied to DJ, but HSBC solicitor stated I was the claimant in this set aside hearing therefore the white book says cannot be the case.

Also on reflection as mentioned earlier a statement in my set aside request was Proof of a right to take action thru court and that an actual agreement exist,?

Then on the same day OR 2 SEPERATE DELIVERIES, SAR show Evidence they cannot find an agreement, also the SAR was late and the ICO had chased them to which they stated to ICO that they have amended their system to correct the errors on delivery dates to 40 days.

[MIKE770]

Re: HSBC & D.G

Well looking on the events of this case and CCJ which has been issued by the DJ, the N244 submitted last time stated the figures alleged incorrect and the need for actual proof of an agreement, the latter part the DJ has missed, and since the SAR request delay beyond the 40 days slap by the ICO on HSBC, the 2nd package which arrived later states no agreement found, but in the 1st part of the package which arrived on the day or day before hearing in 2011 stated a CCA would be filed in a manual area and has to be located. Never was found as there was not one only a white piece of paper as I recollect. so surely I must be able to get the CCJ removed as no CCA1974 as per their HSBC admittance.? and the original plea for set aside changed to the correct CPR rule 13 if I remember correctly = retracting a full admission?

The so called DJ was Biased from the start, mentioning peolple trying to get out of paying and it is now harder as loop holes have closed. I just looked at her & she quickly moved on.

[MIKE770]

Re: HSBC & D.G

7th September 2013

Sent report form to the SRA to-day, will follow up the necessary letters/papers by Royal Mail next week, this is a complaint against DG (Non) Solicitors/HSBC and their representative solicitor at the N244 hearing.

[Amethyst]

Re: HSBC & D.G

Well there's lots there. I'll go through it once I've sorted Raxa's application out. Who's tech clerk?

[MIKE770]

Re: HSBC & D.G

Seems law society the Bar council etc just say contact the other.

A letter earlier this year from HSBC stating tha DG no longer litigating but a new team will be>

This has been the update from files.

Note:- no response from the letters to the DJ about lateness of bundles of SAR etc. at the time.

[MIKE770]

Re: HSBC & D.G

3 Feb 2014 letter from DG Solicitors state:-

Your HSBC account is currently being handled by DG Solicitors.

From 10 Feb 2014 your account will be managed by an advisor within HSBC!s Litigation dept under the supervision of HSBCs legal department. The purpose of this letter is to inform you of this change of solicitor although there will be no change to the way your account handled.

on the reverse of this notice you will see change of solicitor, Form N434, whilst you are not required to take any action , we advise to keep for your records.

-

reverse shows:- Paul ?????????? Associate General Council ????

on behalf of HSBC

[Amethyst]

Re: HSBC & D.G

3 Feb 2014 letter from DG Solicitors state:-

Your HSBC account is currently being handled by DG Solicitors.

From 10 Feb 2014 your account will be managed by an advisor within HSBC!s Litigation dept under the supervision of HSBCs legal department. The purpose of this letter is to inform you of this change of solicitor although there will be no change to the way your account handled.

on the reverse of this notice you will see change of solicitor, Form N434, whilst you are not required to take any action , we advise to keep for your records.

-

reverse shows:- Paul ?????????? Associate General Council ????

on behalf of HSBC

Scan of that letter would be good seeing as DG solicitors don't exist and HSBC's litigation dept is the same people, also if you still have a copy of the N434 that would be good.

[Amethyst]

Re: HSBC & D.G

Is this all copied from elsewhere, I feel like I'm missing half the conversation, - what's the current status of the case and what are you trying to do ?

[MIKE770]

Re: HSBC & D.G

Is this all copied from elsewhere, I feel like I'm missing half the conversation, - what's the current status of the case and what are you trying to do ?

just paying them £40.00 per month, just looking to see if as the case was brought with them knowing no CCA 1974 whether I can challenge them in some way obtaining CCJ by deceipt etc?

[Amethyst]

Re: HSBC & D.G

That would have been argued in the set aside application (the CCA issue) and subsequent hearing.

Upon hearing the Defendant in person and hearing the Solicitor for the claimant and noting that judgment was entered as admission by the Defendant, and there is no application to set aside the admission:-

1. It is ordered that ;-

1. The application be dismissed.
2. The proceedings be stayed until the 10th January 2012, when it hoped that the Ombudsman and customer relations of HSBC will have considered the case, Parties to advise the Court by 10th January 2012 as to the outcome.
3. The Judgment debt be amended to £x.xxx.xx .
4. The Defendant to pay the claimant assessed cost of £xxx.xx to be added to the judgment debt. dtd 10 November 2012.

Is the £40 you are paying on the judgment debt amount in 3 ?

[MIKE770]

Re: HSBC & D.G

That would have been argued in the set aside application (the CCA issue) and subsequent hearing.



Is the £40 you are paying on the judgment debt amount in 3 ?

yes as the amount from 3 judgment as it seems the original £50.00 judgment was sent to another court case not mine and the amount of another persons (£40) was sent to my case so it stayed at £40.00, one of the many mistakes DG made in their applications and all the apologies in court in their witness statement.

[MIKE770]

Re: HSBC & D.G

Sharon sent copiers of DG letter to you at admin but it bounced but found lergal beagle thr Ross does not seem to have bounced this time?

[Amethyst]

Re: HSBC & D.G

Nothings come through - admin@legalbeagles.info - if not try amethyst1664@hotmail.co.uk xx Thankyou.

[MIKE770]

Re: HSBC & D.G

sent to hotmail