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I was paying off an overdraft from HSBC via an agreement with Metropolitan Credit Services.
The amount of the overdraft was £1808.06 and I was paying around £50 per month.
I calculated that HSBC owed me £1750 in unlawful charges.
In December 2006 I began the claim process which culminated in my issuing a county court claim for £2319.77 including court fees and interest in May 2007.
Once the matter was in court I ceased making payments to Metropolitan and informed them of that by telephone.
In August the court issued a stay on the claim pending the OFT test case. DG Solicitors wrote to me confirming this.
I have not contested the stay.
Today I received a County Court Claim from Howard Cohen & Co Solicitors on behalf of CL Finance Ltd who appear to have bought the original debt (overdraft of £1808.06) from HSBC.
SO, how do I respond to their claim considering the matter is already before another county court with me as the claimant?
Do I defend? Counter claim? Contest the court’s jurisdiction?
Hi Paul. Welcome to the HSBC forum. Please do not think that you are being ignored. things have been a bit quiet on the bank charges of late and sometimes it may take a little longer for people to reply. although I personally cannot help you with your problem, there will be a couple of people on a bit later that may be able to help you. (Sometimes they come on in the wee hours of the morning) but rest assured you will have an answer soon.
You will need to post a bit more detail as to what they are claiming for. e.g what have they stated in their Particulars of Claim.
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The claimant's claim is for the sum of £1808.06 being monies due from the defendant to the claimant under an overdrawn bank account originated with HSBC Bank plc under reference 401115/******32 and assigned to the claimant on the 28th September, 2007, notice of which has been given to the defendant.
The account was maintained without sufficient funds to meet withdrawals made by the defendant.
The claimant claims the sum of £1808.06.
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For information, I only received the notice of assignment referred to in the particulars on Monday 5th November, just two days before I received their county court claim.
CL Finance/Cohens are issuing summonses like it is going out of fashion. I have got three so far. The first one has been withdrawn and I am hoping the others will go the same way. I will find a link to my threads but seems they will back down if you have a defence - which you obviously do have.
My defences have included lack of CCA, no letter before action (breach of Civil Procedure rules) mis-sold PPI - all of which are true. I think you need to lodge a defence asap. Link to my defences will follow - they are credit card ones but will hopefully be of some use.
Just write to them and say the debt is the subject of ongoing litigation quote your claim number and tell them to send the paperwork back to where they got it from
Hi Paul, I also had an account with HSBC that DG were managing until I disputed the bank charges and then it was sold on. I called the company it was sold onto and infromed them that the account was in dispute over bank charges and they immediatly said that they would return it to HSBC.
Based on your coments and feedback I've had elsewhere, I think I need to defend this claim.
I have drafted a defence but I'm not fluent in legalese, so would appreciate your comments on the wording (especially, are the the terms "vexatious litigants" and "abuse of proces" too strong. If so, what would be suitable substitues?):
My defence:
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The defendant denies the alleged sum of £1808.06 owed to HSBC bank.
The grounds for this defence are that the defendant held a HSBC account, conducted on their standard terms and conditions from 01/07/2002 to 06/12/05. HSBC bank from 8th October 2002 to 29th November 2005 applied charges to the defendant’s account, totaling £1750. These charges are a disproportionate penalty and therefore unenforceable. Penalty charges are irrecoverable at common law. The precedent is Dunlop Pneumatic v New Garage [1915] AC 79, along with Murray v Leisure play [2005] EWCA Civ 963. HSBC’s charges are also contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). The defendant has repeatedly asked HSBC bank to refund their charges or offer proof that they are true pre-estimate. HSBC have declined to do so.
In a separate claim before Birmingham county court issued in May 2007, claim number 7QZ63628, the defendant is claiming £1750 from HSBC bank, being the sum unlawfully debited between the above dates. Included in claim 7QZ63628, the defendant is also claiming interest pursuant to S69 of the County Courts Act 1984 at the rate of 8% per annum, being the sum of £449.77. Including the court fee of £120, the total sum of claim 7QZ63628 is £2319.77. This sum exceeds the alleged amount of this claim (7XY78511) issued by CL Finance Ltd.
DG Solicitors, acting on behalf of HSBC Bank, applied for the defendant’s claim (7QZ63628) to be stayed pending the outcome of the OFT test case on bank charges. The stay was granted by Order of District Judge Cooke at Birmingham County Court on 14th August 2007.
HSBC and CL Finance Ltd are choosing to ignore the defendant’s claim (7QZ63628) and District Judge Cooke’s Order and are continuing to pursue payment for the alleged debt despite the fact that this matter is in legal dispute and are, in the defendant’s humble opinion, vexatious litigants. Therefore, the defendant believes this claim is an abuse of process and respectfully requests the court strikes out this case.
The defendant encloses a schedule of the charges unlawfully debited from his account; a copy of the defendant’s claim against HSBC (7QZ63628); a copy of District Judge Cooke’s Order to stay said claim and a letter from DG Solicitors outlining the grounds for the stay.
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I sued them, now they're suing me! HELP!!
from HSBC
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