Just bumping for the above post. GG

An update i filed a second N244 for them not fully complying with the court order, that was back in early July its been nearly 4 weeks and no news from the court, i will ring them Monday. I have to get ready for court incase the court do not strike out their claim for not complying with the order. So could someone breif me on what might/could happen with a CMC hearing, am i there to put my side of the case across and do i take all my documents i am to rely on. Any advice would be great. GG

Yes they are in the same group of companies, i have received the same offer and filed it under no chance. They have had their chance to act in a reasonable way over this, and as it is cohens and cl finance, they will mess up somewhere along the way to court. GG

Absolutely agree with DD, thats why i was concerned going too hard at them until they confirmed by letter of their actions. GG

Well done gh thats great news. GG

Thanks Slick, il send them the firm letter and hope they send me a letter stating what they have done. If they dont il prob go down the route DD has posted. Thanks to both of you i will keep you posted. GG

Thanks for your replies pedross, vint and your letter Slick. Is it not possible that if i send a letter stating that i am seeking advice on this matter and that i did not agree to this overdraft, then as this action has only been done on Internet banking, i have not got a letter stating what they have done, so they could reverse their action. My initial letter was to coax a letter out of them proving what they have done, all i have is a print out of my current account showing the huge debt. My thoughts were, in my next letter i would demand for them to explain their action, and ask for them to inform me of what they have terminated and why my current account is thousands overdrawn. And if they do not reply to my letter i will complain to the FSA. Il wait for your comments before i send it off. Thanks GG

Best of luck FB GG

Hi Vint and TS80 No there was no overdraft on the account they made it overdrawn with this transaction. Yes i have sent a letter asking for clarification on the action they have made on my account but they just sent another final demand. My thoughts were to send a very firm letter demanding they explain their actions. And if they dont il complain to the FSA. Any thoughts GG

Hoping for a little more advice, the bank have written back not explaining what they have done but just another final demand. I was thinking of sending them a firm letter asking to clarify their actions once more. Any help appreciated. GG

Hi CB Yes steven did state thats its excellent news, but i just wanted him to expand a little more on what i am to expect IE. will i have to put my side of the case across do i need to take case law thats relevant to my case to prove my application for a strike out. Yes i did look at the thread that MM posted up, but i think im in a slightly different situation than that thread because i applied for this hearing. So any advice i can get on this type of hearing would be great. Thanks CB GG

Steven could you comment on my above questions when you get a min. Thanks GG

Just an update had not received anything back from HSBC, so last week sent them a letter asking them to clarify the action they have taken, ihave not received a reply to that letter yet. Thanks for the help so far. GG

Until the court have given it a track they can not use that excuse, my case is very similar and i have a CMC hearing in September. But on the DN issue this is a major ace up your sleeve if they can not produce one or can not provide proof of service they are stuffed imo. I have also received that letter from cohen's, and it will not impress the judge. When the AQ's arrive you can direct the judge to order cohen's to furnish the document's you want to see, because they failed to comply with your CPR request, and as in my case also question what track this case should be, the disclosure in the small claims is not as good as fast track. Read through my thread again regarding the AQ's and directions. In my case they still haven't supplied one of the document's the court have ordered and i have had to file an application notice to have it struck out, still waiting for a decision on that. GG

Does that mean no they didnt state that on the claim or they did GG

Hi c On the claim form does it state that a Default Notice has been served? Because they need to serve you one to issue a claim against you, its only because they can get away with it processing the claim through Northampton bulk center. GG

Thanks x20 much appreciated GG

Hi x20 could you confirm is it ok to send the PF85A now to the court even though i have sent the N252 to the claimant's solicitors. If so il get going on it this weekend. Do i send anything with the PF85A? GG

I can not remember did you receive a DN if so was it valid. IMO they would still have to produce the original cca in court and if the DN is valid i would ask them for proof of service. Let me know about the DN. GG

Hi x20 Thanks for getting back to me, no it didnt get as far as being allocated a track. I used your information on wasted costs against Next and MLS solicitors and they paid up in about 10 days. So from what you have stated i may of jumped the gun a little on this case, i havent filed a pf85a. Yes the court gave them an extra 14 days to file their AQ's or the claim would be struck out, they didnt comply so i checked with the court and it was struck out, so i sent the N252. If you need any more info to help me let me know. thanks x20 GG

Hopefully someone could give me some advice to my questions in posts 203 and 206. Much appreciated GG

Hi copier it could be enforceable if they have the original, the prescribed seem to be there. The line across the middle looks suspect. GG

Thanks MM No directions but im the one who filed the n244 so this is my hearing for a strike out. They threatend me with an SJ but i thought i would get an app notice in before they did. GG

Thats fair enough maybe i should iof done the same with cohens and cl finance, because they didnt reply, i am about to apply to the court for a Default costs certificate. GG

I believe you send it to their solicitor only, its up to you if you want to serve them but i wouldn't bother. GG