ZENTRIX9
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Ok I will scan the form when I get to work so you can take a look.
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They got summary judgment because I didnt submit a defence other than an embarrased one. I got everything postponed for nearly 12 months so the FOS could look at it, they were a waste of time and didnt want to make a decision. Then I forgot to send in the defense in time. It was MBNA. The other card company was HSBC, they paid me out. I was a director in our family business and purchased the goods just after my dad died from cancer. HSBC audited the company to put us on invoice financing and they said the company was ok, so I ordered a conservatory, paid with my credit cards and was going to pay them off once I paid myself a bonus at the end of the tax year, then the banks were in trouble and we lost all our work and I put the company in liquidation. We lost everything. I then realised that I could claim under section 75 as it was a personal transaction not a business one. HSBC was the bank the company banked with, they knew the history of the company and paid out no problem, MBNA have not and tried to scare me off insinuating something underhand was going on. They then issued court papers.
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Not knowing how it all works I didnt send everything in before the summary judgment. I admited this to the judge and discussed my section 75 claim with him, he must have thought that they were trying to fob me off and hope I go away, so he stayed the enforcement so I could issue a counterclaim. Its been around 4 years now since I paid for the goods. What I need to know is can I claim back the full payment, any payments I made and any interest while they have had my money, this I would like to offset against their claim. If I am succesful I will ask for their claim to be reduced because if they had adressed the matter in the first place then the amount they are claiming would be a lot less. I can submit the counterclaim if I know what I am entitled to claim.
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Hi all, heres the quick background. I bought a conservatory, didnt get it, company went into liquidation, paid with 2 different credit cards, claimed under section 75, 1 paid me back and the other hasnt. I stopped paying the card as they wouldnt sort out my claim. They issued court papers, I complained to FOS, they couldnt make a decision, card company went for summary judgment and got it but I hadnt submitted a counterclaim the judge is allowing me to submit a part 20 counterclaim and has stayed the enforcement of the judgment. Can someone help me to submit my counterclaim? I need to know what to claim for. Can I claim for the full amount paid, interest and from when? Particulars of claim etc
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Claiming on a Business account? Lets join forces?
ZENTRIX9 replied to photoman's topic in Business Bank accounts and charges
I have a question. If a bank takes money from your personal account to pay for a guarantee given personally for a LTD company, does this then become personal and regulated by the consumer credit act? If yes does that mean we can claim bank charges against the LTD companies bank account? If yes, can I still claim if the company has been liquidated? -
Ok, am I right thinking the following. I signed an application form (1992), to be enforcable it has to have all the prescribed terms within the 4 corners (which it doesnt have). A document that fully conforms to the CCA 1974 must be presented in court to be enforced. This is not an agreement and they should have sent a debtor signed doc that contains all of the prescribed terms (if s127(3)(4)). for my wife to sign. As the document they sent me for my CCA request is an application form and not a debtor signed document then they have not complied with my CCA so it is not an accurate recon so would not satisfy a cca request. If not deemed accurate, then unenforceable in court re cca request until it is so (kotecha case). I would then need to mention s127 3,4 and put them to strict proof that they have satisfied it (they have the initial burden of proof anyway, but should mention s127 3,4 anyway just in case cred friendly j forgets s127!). note that if using s127 3,4 would require careful argument if required ready to rebut any of their usual arguments why s127 satisfied. They also closed the account before issuing the default notice which is in breach of the consumer credit act, not to mention that DG Solicitors lied about my wife getting a CCJ (Harassment). Also misold PPI which they have paid back. Would this be enough to appeal?
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It should work now http://s911.photobucket.com/albums/a...%20conditions/
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Heres a link to the CCA terms and conditions they sent when I requested them. I cant remember the HSBC person giving them to us. I think she said that they were out and would forward them to us. http://s911.photobucket.com/albums/ac318/zentrix9/Mrs%20HSBC/CCA%20Terms%20and%20conditions/
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What, its enforceable because agreed to terms overleaf? If so there is only a booklet supplied with the cca Also no prescribed terms supplied.
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Ok Folks, here are all the letters and details for my wifes case. I could do with someone having a look as we have had a letter from the court confirming the CCJ and that we have to contact the creditors. How long do I have and can I appeal even though it says appeal denied on the letter. heres a link to all the scans of the paperwork http://s911.photobucket.com/albums/ac318/zentrix9/Mrs%20HSBC/
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Ok I will post it later tonight after work The summary judgement was a court hearing over the phone
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Ok, so what do I do now, the judge found in favour of the claimant and refused me the right to appeal in court.
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Yes, but my application doesn't contain any of the prescribed terms
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Hi tm123, the card was taken out in 2002.
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Can I get legal aid to help? The only money that has been coming into our house for the last 3 years is Tax Credits, I am self employed but cant afford to pay myself a wage at the moment, my wife doesnt work. We have reduced our mortgage to interest only for the last 3 or 4 years also. Everything we owned we have sold to our parents so the only thing we do have is our house, would this be at risk? If push comes to shove then we will move to Australia.
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Hi citizenB, thanks for your advise. Yes I think you are right, I wasnt as prepared as I should have been, I thought that I had put my case over alright but the opposition kept going on about it said credit agreement on the application form and that it complied fully with the consumer credit act, maybe I should have asked the judge if she had read and fully understood the ACT. Lol
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The application refers to terms overleaf, so where are they because they havent sent me a copy, only a copy of a booklet, so how do I know they are the same, I asked the judge to allow it to go to court and put HSBC to strict proof and produce the original document in court. She ignored my request.
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No it wasnt, it was misold and they paid my wife out, I then looked at it at a later date and they paid my wife some more back. They sent terms and conditions with the CCA but I think they are a seperate leaflet, not part of the application form. Also my wife only earned approx £40 per week working a lot less than 16 hours per week. The paperwork was done at the local bank and I cant remember seeing any terms and conditions we were only told where to sign.
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Notice on the first link, 3) States a copy of the "Application" Link 2 At the top of the page obscured it says "Credit request form" Link 3 at the bottom under personal data refers to terms by a mark, surely this refers to a 3rd page that they havent supplied.
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Heres the CCA response letter and documents sent :- http://i911.photobucket.com/albums/ac318/zentrix9/Mrs%20HSBC/coverletter.jpg http://i911.photobucket.com/albums/ac318/zentrix9/Mrs%20HSBC/hsbcfront2.jpg http://i911.photobucket.com/albums/ac318/zentrix9/Mrs%20HSBC/hsbcback2.jpg http://i911.photobucket.com/albums/ac318/zentrix9/Mrs%20HSBC/statementfront.jpg
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Had the call, waste of time! The judge didnt want to know, she found in favour of HSBC and my defense struck out, I told her the CCA was an application form, it had no prescribed terms on it, the account had been closed then a default notice sent, all non-conforming to the Consumer Credit Act, also that the solicitors had sent my wife a letter stating that the court had issued a CCJ and they had been assigned to collect, which is a lie there was never a court hearing. I asked if I could appeal and she refused permission. Dont know what to do now, got 14 days to work out a payment schedule, I am 100% sure that I can win this and want to take it further, its about time the banks stopped getting away with murder. Can anyone help I will post up all the documenation I have over the next 2 days so you can have a look.
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Many thanks citizenB, thats what I needed to hear, so now i can tell the judge that they definately closed the account by way ok asking me to return / destroy the credit card.
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If I am asked to return / destroy my credit card does that constitute closure of my credit account?
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Thanks CitizenB, what does actually constitute the closing an account, is there a thread on this somewhere?
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Ok, telling me to destroy my cards and not use the account, does that constitute closing my account? From the time my de didn't go through to the time they told me the account was closed was approx 2 - 3 months, this was while I asked for a FDA, is this an unfair timescale? Does issuing the default after closing the account make it invalid or to my advantage. Sorry for so many questions but theconference call is today.
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