Claim Issued Against Me. HSBC BANK.**WON** They discontinued

wednesday1867 · 18th December 2007, 19:01

Good Evening everyone

Seasons Greetings to one and all first

This is my story and situation...........

I had a bank account with the HSBC, when i got into trouble, they consolidated everything into a Managed Loan for me, how nice of them!

A few months ago before all the stays started coming, i started a claim for penalties etc on the bank account, i also sent a CCA request for my Managed Loan as i recall it being done over the phone, it may not of done, i've got a shocking memory

.

I have never received an agreement for this loan, i cca'd HSBC and the company it got transferred to.

Since June/July when i was doing this i have received nothing.

Couple of weeks ago, received a letter from CL Finance informing me they had bought the debt, i wrote back saying that i was waiting for my agreement and HSBC shouldnt of sold it etc, they replied, saying they will look into it.

Today i received notification of a claim from Northampton County Court, the claimant being CL Finance

didnt inform me they intended this route, but have started it.

The Particulars of the Claim are as such.

The Claimants claim is for the sum of £XXXX being monies due from the Defendant to the Claimant under an overdrawn bank account originated (they spelt that wrong) with HSBC Bank Plc under reference XXXX/XXXXXXX and assigned to the claimant on the XX XX 2007, notice of which has being given to the Defendant. The account was maintained without sufficient funds to meet withdrawals made by the defendant. The Claimant claims the sum of £XXXX.

Now this is the best bit, the outstanding amount is for my Managed Loan, totally different account number, well apart from sort code. I have all my bank statments and when my account was closed i had a plus balance, the remainder was sent to the Managed Loan.

I dont know what the best course of action is, do i counterclaim( How much is it to counterclaim), do i let it ride, just saying im defending in full and say show me where i was £XXXX over drawn, i didnt even have an overdraft

. Part of the Managed Loan paid my HSBC Credit Card, so im gonna go through all my statements, just to make sure there is at no point an overdrawn balance of the amount they claim.

I would like to complain to everyman and his dog too, printer has been redundant since everything got stayed, but dont know who to complain to, i want to complain about HSBC too, selling an account they shouldn't of sold

So any help and guidance would be very much appreciated.

Thanks for looking.

surprise · 19th December 2007, 09:45

You will get more help in the General Debt Forum than this one, ask a Mod to transfer it for you.

Hopeful1 · 19th December 2007, 17:32

Quote:

Originally Posted by surprise

You will get more help in the General Debt Forum than this one, ask a Mod to transfer it for you.

You must have read my mind, Surprise!

Hey Wednesday

rory32 · 19th December 2007, 17:43

Thread moved to General Debt

Hopeful1 · 19th December 2007, 18:22

You're too quick for your own good Rory!!

wednesday1867 · 19th December 2007, 21:54

Thanks for moving the thread

Still not sure the way to go with this

rory32 · 19th December 2007, 22:17

Quote:

A few months ago before all the stays started coming, i started a claim for penalties etc on the bank account,

Have you filed this claim at court?

wednesday1867 · 19th December 2007, 23:08

How ya doing Rory?

Yep, claim done through court and has been stayed til the OFT Case.

Thing is tho, this debt is for the Managed Loan under a seperate and different account number. So i don't understand why they are quoting my bank current account number.

So i think i could win, by the lack of cca and also because they have the wrong details, just dont know how to go about it.

rory32 · 19th December 2007, 23:14

Quote:

Yep, claim done through court and has been stayed til the OFT Case.

Which means their claim will have to be stayed as well particularly as they have used this account number in their claim.

wednesday1867 · 19th December 2007, 23:21

Would that be the only or best option for this?

Just thought i could get this done and dusted pretty quickly, asking them to show me this debt on that account number (there isn't a debt on that account number) or to show me the agreement for it on its proper account number. Maybe get it thrown out or get a ruling in my favour.

Goldlady · 19th December 2007, 23:28

I have two claims so far from CL Finance - one was issued on the day the debt was assigned to them

. That one was withdrawn when I defended it and the second one is ongoing. It seems they are issuing claims on a bulk basis without any justification. I can post links to my threads if it will help.

wednesday1867 · 2nd January 2008, 20:36

Over Christmas we had a death in the family, which kinda put this on the back burner.

But i need to get this sent back, at this stage, do i need to add any information or can i just tick my intention to defend and then sort my defence out in the next 14 days?

Goldlday seems your right, i have received another letter saying CL are still awaiting info from HSBC, but also received a letter from their solicitors saying i should of received the court paperwork.

Hopeful1 · 2nd January 2008, 20:46

Just wanted to say "Hi".

Goldlady · 2nd January 2008, 21:07

Hi Wednesday, yes you can do that - I have put a full defence in on all three of ours even though I am not sure with one of them whether the CCA is valid or not. This will then buy you some time. I have been told by the superbeings on here that if you put in a full defence and then it is decided that the CCA is valid you are not penalised - I just hope that is right

I think if you are waiting for information before you can fill in the defence that you can say so IMO.

Sorry to hear about bereavement. Not the best thing to happen at this time of year.

wednesday1867 · 2nd January 2008, 21:15

Yeah i know, but thanks.

Well the think is, the alleged debt is on a different account, they are taking me to court on my bank account, which was closed with a plus balance. My bank account has never been more than a few hundred over and not for long, so thats the basis of my defence. If they get it on the right account number then, the cca will be my defence.

pt2537 · 2nd January 2008, 21:26

have you recieved a notice of assignment for the transfer from HSBC to CL?

also how was the notice served was it by normal post?

can i also ask if you received a default notice? and finally , what documents were included with the claim form?

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