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The Lantana

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  1. Hi Sharburrys They can't give you what they don't have. It is reasonable for you to infer, based on the statements they have provided, how much they charged you during the missing statements period.. Regards The Lantana
  2. Hi Sean If the agreement was made in the Republic of Ireland, it will be subject to Irish law which, while similar to UK law, may not be the same in every respect. If the agreement was made in the UK, UK law applies. Under UK law, the lender could add their signature subsequently, and then be able to enforce the agreement. Sorry. Regards The Lantana
  3. The rules in a small claims case are more relaxed as Docman rightly points out. However, the law is the law. If they cannot produce an agreement signed by you, the Judge cannot enforce because cca74 won't let him. You will need to point this out to the Judge, and HSBC in your final defence. Your account predates the amendments introduced in the 2006 act. Of course HSBC already know this. They figure that for the cost of court fees they may well get you to cave in. I had a similar experience with LTSB and their final POC referred to the attached signed agreement. There was an agreement attached alright, it just lacked my signature. When LTSB realised I was on to it and would be turning up, they folded - just before the bell. I'm not saying HSBC will fold, but they can hardly deny cca74 provisions apply - try as they may. Regards The Lantana
  4. That's certainly the approach I would take. Regards The Lantana
  5. Yes, they need to execute the agreement too. But their failure to execute is not fatal to their case, if my memory serves me correctly. Regards The Lantana
  6. Disgusting behaviour by DG, but why did the postie not deliver the court papers to you. Did DG have a different address for you? Time is of the essence with a set aside application - you need to get it in sharpish! But if DG can show they wrote to the last known address they had for you, you'll have your work cut out I'm afraid. Regards The Lantana
  7. Right, I'd make a few points here.... 1) because of the amount being claimed, HSBC will not get costs other than court fees if they win in court - so what is the benefit to you of signing the consent order? zilch! You have nothing to lose in fighting this. By signing the consent you get yourself a ccj - not good. 2) because of illegal penalty charges on your account, even if they have an agreement, they won't have issued an effective default notice. This in itself is quite a strong line of defence. 3) the agreement posted is too small for me to read properly, are the prescribed terms there? If you do not wish to fight them all the way through court, how about reaching an agreement where they would refund all penalty charges and interest and you agree to a Tomlin order to repay the remainder. If you fail to keep to the terms of the order, they could THEN apply for judgement.
  8. My understanding is that HSBC / DG definitely need an agreement with your signature on it unless... 1) this relates to an overdraft (and not a credit card / personal loan). 2) it's caught by cca2006 (I see you refer to 2001, so presumably not a concern for you). I'd take Docman's advice in the first instance and slap them with CPR request - or did you already do one first time around? They may not respond but I suspect CCA agreement and default notice will be the ultimate battle ground. I would also SAR them just to see what it throws up - if you can spare the tenner. Regards The Lantana
  9. Good luck with that my friend. Regards The Lantana
  10. This may be an old thread, but not forgotten! One never forgets MBNA, especially after they've tried that one on. Today on the BBC News website a report regarding MBNA appeared, so it looks like MBNA and how they treat customers is under the spotlight. Pity MBNA didn't read it before calling! I would report them immediately to the OFT, that's what I did. The BBC News article is here ... http://www.bbc.co.uk/news/business-11991536 Regards The Lantana
  11. Hi Cymruambyth, and thanks. I was really surprised they left it so late - at one point I thought maybe I was missing something? But clearly (in the case of SCM / LTSB anyway) it's their strategy to keep pushing in the hope we cave in. Regards Lantana
  12. Just another quick update, this case remains on 'stay' at Northampton. Regards Lantana
  13. Hello again everybody I apologise for the delay in posting further news on this case, here's what happened ... The court where this case was listed was particularly busy, and the case progressed very slowly. Also, SCM / LTSB were late with a few submissions. Eventually, SCM / LTSB were allowed to redraft their claim and I was allowed to redraft my defence. Their affidavit said I signed an agreement yet a copy of the UNSIGNED agreement was attached to their bundle. I was stunned. My principle defence was then a simple denial that I'd signed any agreement, contrary to their assertion. In May this year, a week before the trial date, I received a notice of discontinuance. This was a pleasing win considering how difficult SCM / LTSB had been when it came to correspondence. I am mulling the idea of chasing them for costs but I'm unlikely to do so as I'm happy enough with the result. I'd like to thank everybody for their input and kindly ask a mod to shift this thread into the legal success section, my first clear win - HURRAH! And if I could also ask that the title be ammended to include ... *** WON THEY DISCONTINUED*** Many thanks Regards Lantana
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