Hi All just to let you know my deffence has now gone in, please can you tell me what happens next or will the court instruct?

yay its fabulous and i cannot thank you enough:D just hope i win this one too

yes i do, thank you, what do i say that they were ill prepared? or just that they had neglected to bring my bundle to the case?

Hi Pete i have my deffence ready to go off, my main deffence is that they have breached the 40 day data acess request so i cannot agree to pay them until i establish what charges have been applied to my account and if i am entitled to get any back. it is my credit card taking me to court, but it is my current account that i have stayed at court for bank charges, i have prepared that as deffence but please let me know if i should leave it out? i have copies of all the correspondance i have sent HSBC. Can i call D&G to dicuss making payments and avoiding court at this point or is it too late? what will happen with my deffence with the judge set another case date? Many thanks again Lizz p.s really sorry for the delay i have had a virus on my laptop so haven't been able to get online

Hi Pete/Jonny thanks to your EXCELLENT help I won!!!!!!!!1 I am over the moon, the judge saw clear grounds for my defence in the fact that I had asked HSBC in Jan before it was referred to D&G for the data access request and as they didn't reply within the 40 days I lodged a complaint with the OFT. She said as I had no opportunity to confirm the full amount owed I could not agree to paying it all. She set my case aside and I now have 14days to submit a full defence! Brilliant thank you all again, only down side is the judge granted d&g to have £103 charges added to the case for her "time" d&g claimed they had not rec'd one bit of information from me not even the court bundle which cost me £11 to send! They actually looked very ill prepared and the judge commended me on putting together all the info I had, so thank you again guys Now for my new defence do I add the same bundle or do I put more too it? and can I now negotiate with HSBC to get them to accept payments through Payplan? Thanks again LOVE THIS GROUP!:D:D XXXXX

thank you so very much again i'm getting nervous now :/

Just to let you know i have posted off my bundle i think/HOPE it was ok and will let you all know how it goes, hearing is 10th July - any advice of what i should expect, any additional preperation would be very appriciated:confused: thank you all again esp Jonny:)

thank you so much i will get cracking, wish i could upload it for someone to check before i go - its scary!

Hi Jonny, thanks again for the link, but isn't that bundle for bank charges? this is the credit card taking me to court for not paying when i have been paying they have been rejecting the payments its a hearing for a set aside, so do i just apply parts of the bunddle which i deem relevent? and how will i know? i haven't looked at the link thouroughly i'm just at work taking an early lunch, i have the rest of this week off so i will make sure i get it read inside and out, sorted and sent off on Thursday Thanks Lizz

Thank you Jonny. I have the following ready for my deffence on the 10th do i need to do anything else? Proof of postage of my acknowledgemeny of origional CCJ Letters of all correspondance * making an offer * advising payplan were looking after my DMP * Asking why they would not accept my payments * Copy of hardship letter i had sent them Proof of all returned payments List of current incomings and outgoings Do i need anything else? Thanks Lizz

sorry for the terrible spelling above i was in such a hurry to post! i have clamed down and read up about the charging order, am i right in thinking i do need a deffecefor both of the above can anyone tell me what to expect at a county court? thanks again lizz

Hi everyone i have just got in and opened the post and have today recieved a letter from my local CC advising me of a date and time for a hearing of my set aside. BUT i also had a seprate letter from the loacl courts for an interim charging order - what is this? its obviosuly somehing against my property but i have a secured loan (which i ahve never missed a payment on) against the house and there is not a penny of equity can they do this? and what does it mean if they do? What do i need for me deffence for both of the above and what will happen if i loose? thanks in advance Lizz

this is excellent advice thank you so much i wish i had spent the £4.50 sending special delivery its alot cheaper then £75 boohoo thanks again everyone, once i send this off will the courts write back to be and if i get a hearing date will you all help me with a deffence? Lizz

Do i have to buy the book to get help on a set aside or is there another link which explains? thanks again i had a sleepless night last night

yes to all of the above should i still do this? it hasn't been delivered i have, have had no reply yet and i did it in Feb Thanks Lizz

i sent it to the county court and kept a copy for myself i have just returned to work and tried tracking my recorded delivery the number kept coming up not found so i called them and they have no record of delivery - omg does this mean the CCJ stands? i have my signed proof of postage just not proof of delivery? i feel So so stupid for not checking sooner I guess with everything going on I have had my head in the sand L Thanks Lizz

Hi All i put in a deffence for my claim but i have today received a letter stating that i did not reply i am of course going to reply with all my proof of postage but help what do i do now? :*( my partener has been laid off his tempory work today so its a double whammy

I am so sorry Pete/Jonny I have had flu flu and have been out of it, feeling much better now and conscious I need to get this sorted out, thank you so much for your help. In answers to your questions yes all of the above is true. Is currently (with interest) £4107.44 I'm afraid I am still waiting for some missing statements from them, but I am more then sure its is around a further £3000+ Because of the stay on my current case I had given up hope on claiming until the banks and OFT get sorted. As all the bills I had were online, they have stopped my access before xmas so I am awaiting for statements but I think only possibly £500 or so as I only stopped paying August last year and they don't hammer the charges like the bank account. £6369 plus 190 court fees and 100 solicitors’ fees yes they have refused to deal with payplan, payplan have called and written to them as have I but they wouldn’t budge they just kept asking the same question, why can't you afford to pay it now when you never missed one payment before, I explained my debts had escalated and my partner was being made redundant but they were very none sympathetic I have today now received a letter threatening court action for the bank account which has gone from being £3000 OD with an authorised overdraft last august to £5580 today with various charges i have sent them a reply registered post they too refuse to accept payplans payments. thank you again Lizz

thank you very much only thing i don't have is number 4 as i didn' send recorded, stupidly i'll try and jumple a responce and post it on here before sending.

Hi All, today i have receieved a Northampton County court letter for the HSBC credit card. As i have mentioned before i have entered into a debt management plan and have been making payments to thm for the last 6 months which they have refused so do i acknowledge this service and enter a deffence? what should i send to them? help! i didn't think they would actually issue the court proceedings as i have a claim on them and am offering to pay! Thanks Lizz

i just have one more question, i have been looking through all my old charge claim details and the claim i submitted was in March 07 (shocked myself how long ago that was!!) the total was £3,708 but i opened the spreadsheet and the interest date calculation was on working it out to today and the claim value is now £4087 my question is really, we won't be able to claim that extra beacuse of the stay will we? its just so unfair its gone on so long now.

Thank you for all the replies, i will apply for hardship and see if i get anywhere. i will also start the ball rolling for reclaiming the additional amount, do i take that right up to the online court? its over 5,000 they owe me in total Just one more question can i claim back the interest charges on the overdraft for being overdrawn due to their charges? yes the credit card is independant of all the bank account charges, but i didn't want to create 2 posts, payplan have been paying them the largest amount of all my creditors and they still refuse it! i will write back to D&G should i mention the stayed bank account case or will it have no bearing on it? thanks again

Hello all, i had a court date in 07 which was stayed, my partner has now been put on a 3 day week pending imminent redundancy so i was hoping to lift the stay using the template here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/154154-hardship-stayed-claims.html my question is in the time the case has been stayed i have racked up alot more bank charges beacuse i have been overdrawn and changed bank accounts. when i send the letter about the hardships to them can i also send a copy and a fee to the courts requesting they change the claim amount? and if so is there a template for that? also i have a HSBC card i have a debt managemen set up with payplan but they have refused since august all repayments made to them. they have now reffered me to their solisitor is there anything i can do about this going any further? Thanks so much

Thank you i have sent it off fingers crossed! Lizz x

oh brilliant thank you so much, do i need to include any other documents just my schedule of charges (with no typo this time!) and send a copy to D & G and the courts. thank you again Lizz