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About Bevvyboy

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  1. CitizenB They claim that they sent a default notice on such and such a date but they state that they do not keep records of electronic documents and will rely on a witness statement and a reconstituted template of the default at court (quoting Carey v HSBC). I have no record of receiving such default notice but I have a letter from HSBC stating that they do not have a copy of the notice that they claim was sent. I have just registered with a CRA to be able to view my credit file but have to wait to receive a pin by post before I can access it .. why is this relevant ?
  2. Thank you for your reply Docman, I do have a copy of the signed agreement, but not a default notice. HSBC have admitted that they cannot supply a copy of the default notice that they allegedly sent me and will rely on a reconstituted copy at trial. My defence deadline has now been changed to the 19th October.
  3. The history of my relationship with HSBC is a long and unpleasant one. Around about 6 years ago HSBC cancelled my business account along with my current account, without any notification, leaving me stranded in mid Wales with a cancelled debit card and empty fuel tank. My business partner (at that time) then started legal proceedings against HSBC for almost £17,000 in bank charges and penalties, but unfortunately took the personal account route instead of the business relationship route and we all know what happened there. I have since re launched the dispute with HSBC and contacted the ombudsman but to no avail. I have been successful in reclaiming the ppi on a personal loan and also a business loan from HSBC albeit after a lengthy fight. HSBC have continued legal action against me for a credit card debt that remains in dispute, and have admitted that they do not have a copy of the default notice (they believe that they can re construct one). Also, the CCA does not contain the required prescribed terms, although since Carey v HSBC I'm not really sure where I am regarding this. The CCA case was stayed after my original defence because HSBC did not respond in time. They then applied to lift the stay, strike out my defence, and enter judgement against me on the grounds that I had not responded to 4 letters and as such all attempts on their behalf to recoup the debt had failed. I attended court and explained that I had responded to the letters and produced the proof of posting receipts, and also the signed acceptance receipts from DG solicitors. The judge did not have a copy of my witness statement at the hearing (even though I had delivered it by hand and had it stamped as received) he had however read the claimants statement beforehand and admitted that he had researched the matter and it seemed to him that the 'Waksman' ruling was the most relevant at the moment. The claimants application for summary judgement was denied but the judge has lifted the stay and allocated the case to fast track - this means that I have to file an amended defence by early October.
  4. Thanks for the quick replies ... amended defence has to be filed by 5th October, claimant file reply by 19th October, parties to file disclosure by 2nd November,requests for copies of disclosure by 9th November,defendant witness statement by 7th December, questionaire to be filed by 11th January and trial between 18th January and 8th February.
  5. Hi everyone, this is my first post so please be gentle I am in the process of filing an amended defence regarding unenforceable CCA 1974 agreement and require advice on the matter. The story so far is that I originally filed an embarrassed defence due to DG Solicitors not supplying documents that related to HSBC claim for £12,000 on a Gold Card. HSBC did not take any further action and the case was stayed. They then recently applied for the stay to be lifted and judgement entered for them as, in their opinion, I had no chance of winning. I appeared at court yesterday and contested their application on the grounds that I have not received a default notice and requested it be struck out. The district judge on reading my witness statement denied summary judgement and re allocated the case to fast track. I now have to file another defence to their claim and was wondering on what basis I should defend post Carey v HSBC. I was originally going to claim that the CCA does not contain the prescribed terms but am now unsure (there is no mention of APR on CCA). DG Solicitors have admitted that they cannot supply a copy of the default notice as they do not keep records of electronic documents. Their agent at court seems to think that she can rely on a reconstituted copy (she showed me a blank template) Advice greatly appreciated
  6. Maxine989, I'd be very interested in whether your CCA with capone is enforceable as I have an identical aggreement dated 06.03.07. I requested this a couple of months back and they sent me the usual current T&C's etc. I then replied stating that this was not a true copy of my CCA and that I considered the account to be in default and stopped monthly payments. This week I received an identical agreement to yourself so would be interested if any member thinks it is enforceable. Just a thought the right to cancel box is slightly unalligned on the top right of your agreement - mine is unalligned (to the right) by about 5mm !!! - could this have been added later ? - Surely not even Crapone would do that, or would they ???
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