ZENTRIX9
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Everything posted by ZENTRIX9
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Hi Andy, no, I didnt send the letter for them to disclose or be struck out because they emailed me the documents while we were chatting on CAG.
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No problem Gem, I will post up everything that happens so you can see.
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Hi Bazooka, my wife doesnt handle things like this well so I have been representing her. The court arranged for a conference call between me, the claimant and the judge. The judge (she) wasnt very helpful, said that the document provided was legal and wouldnt budge, I kept saying that it wasnt legal as there were no prescribed terms and conditions within the 4 corners. So she found for the claimant, I said that I would appeal and she said that you have to ask if you can appeal and she said that it was denied. So the wife has to pay. She got a CCJ and ordered to pay, however we havent paid them a penny yet or agreed an amount so technically although the court has ruled we still have not admitted the debt. Is it worth trying to get a setaside? The debt is approx £7k but we have just got a letter saying they would accept just over £5k. Think they are afraid that we might appeal? They did supply a copy of the agreement (photocopy I think) but I have been told on CAG in the past that it was an application form not a contract, which I told the judge (I didnt mention CAG)
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What makes it unenforceable? my wife hss been issued a ccj on her account and the judge would not allow her to appeal. Stitched up good and proper all done over the phone as a conference call
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Most are to do with my wife's card not mine
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Heres the POC By an agreement in writing between HSBC Banl Plc. ("HSBC") & the defendant dated 17/07/2002 ("the agreement") HSBC agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. In breach of the Agreement the Defendant failed to make payments of not less than the minimum payment shown on the monthly statement. HSBC served a Default Notice on the Defendant stating the amount due & requiring the Defendant to pay same. The Defendant failed to pay & the Agreement was terminated. The Agreement was assigned to the Claimant on 15/02/2013. The Claimant has complied with Sections III & IV of Practice Direction - Pre-action Conduct. The Claimant therefore claims: 1. £XXXXXXX 2. Interest pursuant to section 69 of the County Courts Act 1984, namely £XXXXXX & continuing until judgment or sooner payment at the rate of 2.19.
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Hi all, I have a credit card debt with HSBC. A few years ago I stopped paying due to HSBC not complying to my CCA request, they sent me a blank form with nothing on it so I put it into dispute. I have 2 letters from seperate people from HSBC stating that they cannot find my CCA. They have now sold my debt to Marlin Europe. I have ignored Marlin and have now received a claim form from Northampton for over £10,000. I have to submit my defense in approx 7 days, anyone have any ideas? I am thinking of sending a copy of the letter from HSBC stating they dont have a copy of my CCA and seeing if they will strike it out before it goes any further. Am I thinking along the right lines?
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Thanks, I will wait to hear from Andy
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Just thought I would post an update. I sent the judge a letter stating that Optima had recieved all the items they had asked for more than once and they are still saying I havent sent them. They were trying to get my counter claim struck out and judjment without going to trial. Also said they were causing me and my family undue stress. I had a letter from the court today stating It is ordered that my letter be treated as an application to set aside and be listed for hearing before the judge. Does this look like my case is being favoured?
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Hi DX, the default notice was dated 8th October 2010
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Claiming on a Business account? Lets join forces?
ZENTRIX9 replied to photoman's topic in Business Bank accounts and charges
Ok, I thought I read somewhere that when the personal guarantee is called in for a business account and the bank take it,it then becomes personal and not business and then the rules under the CCA 1974 apply. -
Claiming on a Business account? Lets join forces?
ZENTRIX9 replied to photoman's topic in Business Bank accounts and charges
What about if the bank took the money from a directors personal account as payment for a personal guarantee, would that come under the cca and allow bank charges reclaim as it was not the company but an individual? -
Thanks DX, I thought that was the case. Yes they keep attacking my credit score
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Hi All, I have a credit card debt with HSBC. I stopped paying it a couple of years ago after they couldnt find the CCA agreement. Sent them the in dispute letter and not really heard much from them. I have recently been chased by Marlin (the creditors of the account) and as I have not agreed a payment plan they have appointed Mortimer Clarke solicitors to take over recovery activity. got a letter from M.C. usual bold red wriyting stating "ARE YOU AWARE OF THE SERIOUS CONSEQUENCES OF A COURT JUDGMENT BEING MADE AGAINST YOU" Different paragraphs headed in bold stating:- COURT PROCEEDINGS COULD BE BROUGHT AGAINST YOU A COUNTY COURT JUDGMENT HAS SERIOUS CONSEQUENCES YOU COULD AVOID THIS EASILY IF YOU DO NOT CONTACT U,S COURT PROCEEDINGS WILL BE ISSUED DON'T MISS THE CHANCE TO STOP COURT PROCEEDINGS BEING BROUGHT AGAINST YOU I have never admitted the debt with HSBC. Do I reply to them asking for proof of the debt or just ignore them? Bully tactics to get me to pay? Any advice would be gratefully recieved
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Yes it is isnt it I think that that were trying to get it sorted without going to trial. Sneaky.
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It seems Optima have beat me to it, I have just recieved by email the documentation I requested.
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Ok I have filled in the N244 form. This is what I have put in the box 3. What order are you asking the court tomake and why? "I have received an order from the Court (attached) that requires me to disclose copies of documents. I have already forwarded copies of the documents required to the Claimant on 2 seperate occasions (see attached emails). It is in fact the Claimant that has not forwarded the documents that I have requested for disclosure. The Claimant has failed to comply with their N265 and request that the court compel them to disclose or impose sanction. If they have failed to comply with SD then their WS is irrelevant because their evidence has yet to be furnished" Is this ok? No.4 asks if i have attached a draft of the order I am applying for I have selected the box NO No.5 Selected box without a hearing
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One thing on the list they have asked for is documents relating to the ordering of materials for the conservatory. I have the contract for the frames but I was doing the basework myself. I have installed the footings but gone no further. I did not keep the reciepts for the work I did. Will this be a problem? I dont want the court to throw out my counterclaim based on this. I have informed them of this in my disclosure I selt them.
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Ok Andy, cheers. Any thoughts on my post?
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Can anyone recomend a no win no fee solicitor in the Midlands area? This is really getting me down at the moment.
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Hi all, heres an update on where I am at the moment with MBNA. I have sent them copies of what Optima have requested for disclosure,TWICE! and yesterday I got a General Form of Judgment or Order from the court telling me that I had to disclose copies of what I have already sent! By the way Optima have not sent me any of the documents that I have requested for disclosure! I have again today forwarded them emails with documents attached and pointed out that they have had them twice. I also asked them to withdraw the order at the court as I have already complied. Witness statements have also been exchanged. Looks like they are trying to blind side me! Any advice anyone?
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Can I still apply for a set aside once the Charging order has gone through?
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Ah, that is useful to know, thanks.
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