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Nicoblue

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  1. DEFINATE RESULT Just had e mail from the court, and I quote :- I can confirm that the action has now been struck out because the Claimant failed to file an Allocation Questionnaire despite an 'Unless Order' from the Court. So the case won't now proceed any further. Guess I stop paying the "few Quid" a month that I was paying them..... On a serious note , what happends now ?? - Is that the end of it or would H*** try to sell on for collection ??? Could I counter Claim ?? Just dont know what to do now..... PS Thanks to all for reading and advisng re this...
  2. RESULT - I think !!!! Just telephoned the court as HSBC/DG had until 4th September to file AQ - this had been extended twice for them by the court !! I was told that AQ had NOT been filed, and that the case would now be put to the Judge that the claim & CCJ be struck out (in the courts words - Most Definately Struck Out) Feels a good sense of achievement now...........What next, can HSBC/DG do anything ?? - or is that the end of it all !!
  3. Many Thanks 3tea I have submitted A/Q to county court in UK - HSBC have had two dates to submit theirs, but still haven't - They have to pay GBP 200 as well to do so. HSBC have written to me stating that they will discontinue action if I continue to pay GBP 12 p/m as well as pay own court costs !!. Court have now said they need claiments AQ by 4th Sept (third date) I have not responded to HSBC - so not sure what to do between now and 4th Sept ! Sat just hoping that court will strike out claim - cant see bank paying out a further GBP200???? or hoping they wont !
  4. OK GUYS - UPDATE ============= OK, Filed my defence, then had to submit Allocation Questionaire...as did Claimant (HSBC). Remember I live in Australia ! Found out after the last day for submission of AQ (From the Court) that claimant had not submitted there AQ...they also had to pay GBP 200.....guess that is why they did not submit. (Now for your info, have been paying a small ageed amount per month which would take 40 years to pay back some 6k)....well this is the letter I recieved today from HSBC (DG Solicitors) "We write in relation to the above numbered claim (btw quoted wrong claim no !) and in particular to the defence which you have filed and the monthly repayments which you are making. Our Client is Happy to continue to accept said repayments and, subject to those monthly repayments being maid we shall not be pursuing the above numbered claim. Should both parties agree to bear their own costs in this matter we are happy to discontinue the claim. Should you be agreeable to this please confirm same in writing, and upon receipt of such confirmation we shall file the relevant notice of discontinuance at the court. " Questions : 1) The Judge/Court must decide whether claim struck out or not if the claimant doesn't respond to AQ - Is that right ?? (HSBC have failed to provide any Evidence, CCA, etc...and filed the CCJ with the knowledge I no longer lived in UK) 2) If I agree, to DG letter what do thy mean by bear own costs - It has cost me to defend such claim...in addition to the original CCJ being added to the debt ?? 3) What if I agree, then just stop paying in a month or so. ? 4) Would rather the Judge throw the claim out, then I guess I would not have to pay anything at all ?? With your guys help I have got to this stage, and the final hurdle is a little closer...any suggestions please Guys. Thanks Nic
  5. I have just done a credit check on myself (Even though I no longer live in UK) !! I had a debt with MBNA, who have hounded me for years - despite agreed payments being paid etc !! - Hover the last correspondance from them (After I had CCA'd them) was that the debt may be sold etc etc ! Upon Checking the reoprt MBNA shows as SATISFIED and Balance being ZERO this was effected a month or so ago !! What exactly does that mean ? There are no further entries for the MBNA Debt Amount etc (with other companies DCA etc) ?? Also one further question - The report shows up addresses linked One of which I have never lived !!!! Any Help Guys ??
  6. Thanks for guidance - Just have to sit and wait now....and hope it either doesn't arrive or if it does it is not enforceable !! How would I know if it was enforceable though ?
  7. OK Update on above offer from D&G Solicitors (HSBC). When I queried their offer of payment, suggesting that account was not a current overdraft, I actually referred them to my original request for CCA, anyway yesterday I got the following response ! "We confirm that we have requeste a copy of opening credit agreement for loan account xxxxxx from our client. We will forward this onto you when recieved it. Matters will be held in abeyance until then" I had origionally sent a CCA Request on 21st April, and DG Original Response by letter to me was as your account withour Client was a current account there was no credit agreement in place (or words to that effect) !! Any Suggestions Members do I have any advantage here ?? Help once again please guys Many Thanks
  8. Guys would really appreciate some help here please. As you will have seen I live in Australia now - and responded to above CCJ, by filing a defence...so that part is OK ! I have now been sent a N150 Allocation Questionare....as the defendant, It says that the claimant will have to pay GBP 200.00 on the filing of Allocation Questionare.....Now Confused !!!! As the defendant do I have to fill in....Not living in the UK it is also difficult to get back to the court by the date required....Also they ask What dates I cant attend any hearing........well I cant attend any (Not living in the UK). Who pays the GBP 200.00 fee ?? What happens if I dont fill in the form as the defendent ??? If I have to fill in ...what do I put ?? Very Confused as you can imagine ! Help Please........anyone
  9. Hi Again I actually called the UK Court last night - They said that I would have to file a defence as the "Defendent" - When I told them I was no longer a UK Resident, nor did I have a UK property, they said that I still had to file a defence, and the Judge would decide !! Not sure now what to say in Defence !!!! apart from send the court copies of all correspondance that I had with HSBC - (where I offered payment and advised of address change etc !!!) Any guidance would be most helpful.
  10. That is what I thought - Should I send the court a defence and advise them that I am no longer a UK resident with No UK Property ???
  11. Spam, Original Post below. Hope somebody can assist me out there. I am no longer living in the UK I wrote to HSBC in November with Offer of Payment against a debt with a Full Financial Statement, however I have not had a response from them at all. I now live overseas, and have my mail re-directed, Just before xmasI got a CountyCourtClaim - dated 4/12/08. with 14 days to respond !! This was submitted by DG Solicitors to the CountyCourt. I no longer live at the address it was sent to - as mentioned I am oversas and advised HSBC about this. It was too late to respond within the 14 day period, and I wrote to the court to explain. Not understanding the system of course. I got a Judgment by default issued on 31st December - only recieved at my correspondance address yesterday It is a business account (Not Limited Company) sole trader overdraft !! A run down of events as below ! The bank demanded payment in full, no breakdown of charges, closed my account, and then just reffered to Metropolitan/DG Solicitors (HSBC in house). I wrote to all parties with offer of payment together with Budget sheet, and pro-rata payments against other creditors, nobody responded, I even advised I was overseas, and quoted a correspondance address to writ to as well as e mail address. When I got the claim form, the 14 days had passed by (my UK Mail gets forwarded to a Mail Box in Australia) - I wrote to the court top explain everything, and sent them exact copies of all correspondance, and the offers of payment I made. Judgment was granted by default on 31/12 - requesting that I pay in Full - I again sent a letter to the court after recieving this (Yesterday) outling all previous correspondance, and payment offers. I have been told that now jugment has been granted, that this can now be pursued for payment through the Australian Courts - and am obviously worried about this. Help/Guidance Please as I am no legal eagle !!! Many Thanks.
  12. The only grounds for defence I have is that I had movd House - well overseas to be exact, and in Fact advised HSBC of this, together with a payment proposal - they actually wrote back to me (Addressed to my UK address - stating they would not accept such re-payment plan) - The next correspondance was a County Court summonds......BTW - They did not submit any paperwork, such as a breakdown of the amount owing or any CCA. However the fact that I am no longer a UK resident, and wasn't at the time of Original Summons would I understand be defence in itself....would it not ? Surely a CCJ cant be issued against a person who does not reside in the UK ??? - Or can ot ??
  13. You may remember that HSBC obtained a CCJ against me back in December at my last known UK address ! (I had been living in Oz for 18 months at the time - and had sold my UK Property). Anyway I appealed against it to be set aside based on the fact that I was no longer living in the UK, and the Fact that HSBC had my address in Australia, but never wrote to me here !!! This morning got a letter to state :- The court has agreed to set aside judgement against you, no parties were present, and the claimants had written to the court allowing this to happen. They then say "The defendent has util 4th July to submit defence" !!! This bit confuses me..thought I had submitted everything when appealing, what else can I submit, and what would happen if I dont submit anything ?? Guess nothing really as I am now longer living in my UK property ? Any Ideas from you guys on here please
  14. Guys, without going into too much detail, and as all of you on here know about my situation with UK debt, thought I would share this with you. I had a Loan of approx GBP 30K and paid GBP 400 per month for over 3 years before moving to Oz, with the collapse of the housing market in UK, I could not pay the loan back in full (unsecured). I have written to HSBC Solicitors (DG we all know they are in house) for nearly 2 years with payment offers, but was always refused,they threatened with the usual legal action etc etc ! A few weeks ago, I got a letter saying they were disappointed I had not kept to my promised payment, and would be going legal ! I had offered a set monthly amount, but never was it accepted. I finally CCA'd them, and got the response that it was a current account, and no credit agreement was in place.....I wrote back stating that no way would HSBC offer me such a High Overdraft, and demanding a CCA for the loan account..and never recieved anything. In the Post (PO Box) today..........An offer for me to pay GBP 60 per month over 40 Years..........and the debt was for 34k now !!! What next.........any ideas ?? - I know pay or walk away and face any consequences that may arise ??
  15. Now Really Confused !!! The way I see it the debt has been bought by LINK Financial (A UK Company) I would guess for 5 pence in the Pound. LINK have then instructed an Australian DCA (Credit Mercantile) to chase who have converted the outstanding amount to Aussie Dollars, who would obviously work on a commission - if collected. Credit Mercantile are in Brisbane - I am in another State of Australia - so would Credit Mercantile instruct Lawyers in My state or Pass to another DCA - starting the whole process again ?? As I said earlier - I only have a PO Box Number for correspondance - and I am told that under Australian Law (Data Protection) your actual residential address can be given out. Guess I am very worried - I reckon there must have been lots of people of have moved to Australia with debts outstanding.......and I have not seen or read on any message board of Anybody being taken to court in Australia for a UK based overseas debt ! Thoughts ?
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