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andypoth

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About andypoth

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  1. Incidentally I've also had a number of other letters from CDRU stating they are reviewing the account for further action (but what can they do as they've already started legal action against me anyway?). Today I had a standard letter from Moorcroft dated 6th August 2011 asking me to contact them (by today, 13th August) to avoid litigation. I was going to write to them pointing out that this matter is already the subject of litigation, quoting the claim number, and politely telling them where to go. I think the fact HSBC are now trying to recover the debt through DCAs is rather telling that they don't actually have the agreement (which I requested under CPR 31.14 in March and still haven't had yet). So my plan is: 1. Write to Moorcroft expressing my confusion as to why they're dealing with this as I was under the impression it was already at the litigation stage. I'll throw in some DPA notices for good measure. If they don't pass it back to HSBC I'll ask them for Deeds of Assignment, then CCA etc. 2. I feel that I need to do something about the HSBC claim. My only concern with getting the claim struck out due to lack of jurisdiction of the English courts is that it's then subject to Jersey courts, and I think my position might be weaker there (Jersey had no consumer credit law while I lived there) plus the current T&Cs state that the courts in Jersey have non-exclusive jurisdiction, so possibly they could take action in England. Would I better off writing to DG, pointing out that - I am being pursued by internal and external DCAs when this matter is already subject to litigation? - Almost six months have elapsed since they received my CPR 31.14 request, and almost eighteen months since they received my CPR 31.16 request - I have not had a substantive response. - Unless they produce the document or confirm they don't have it I will make an application for the claim to be struck out on the grounds of non-compliance with the CPR request (or would I make an application for a disclosure order first?) - They will be liable for my costs associated with the application - I reserve the right to claim wasted costs as per CPR - Give them seven days to respond, allow extra time if they request it within seven days - Suggest they give up, forgive the debt and remove all traces of it from my credit record (or mark it as paid off in full without arrears or defaults - I'm sure there is a correct term for this!) Does this all sound sensible or am I barking up the wrong tree? TIA Andy
  2. In fact, on reflecting further, I would like to argue with them that I don't owe them anything as I had already cleared the arrears in response to the letter they sent me in January, therefore the debt was satisfied at that time and they need to refund me everything I have paid since then. I'll need to edit the letter above to reflect this, but was still wondering what the legal basis is for this.
  3. My only concern with doing this is that HSBC may then try to take me to court in Jersey and I don't have any idea about what Consumer Credit laws exist there (from what I can remember, not many!) and I'm worried I may end up in a weaker position. I also can't find any current T&Cs relating to offshore Professional Studies Loans, just the "Personal Banking Terms of Business". These state that the Terms are governed by the laws of Jersey if the account is held there (it is) - though the particulars of claim refer to a "Bank Account" rather than a "Loan account". Would I do better to apply for an order that HSBC disclose the documents (agreement and terms and conditions) within 7/14 days and if not the claim is struck out?
  4. No, not yet. HSBC agreed that I could have 28 days from receipt of the documentation to file my defense. I notified the court of this and on MCOL the status is showing is acknowledged (I had filed an acknowledgement of service immediately I received the claim form) and I am checking this every few days to make sure nothing happens.
  5. I agree with Rachel, don't worry too much about it, as it's unlikely to be a problem. To reassure yourself, try looking for an HR policy on references (there's bound to be one) - you can always say you've been asked to be a referee for someone else - and see what it says. It should be fairly obvious if your current employer gives you a bad reference - I never say that my current employer can be contacted before interview, so if you were to be interviewed, offered the post subject to references and then have the offer rescinded it would look likely this was something to do with references! And you do have the right (under the Data Protection Act) to request a copy of the reference from either your current, past, or prospective employer, by making a Subject Access Request.
  6. OK, I've now had another letter from Albion identical to that above but with different amounts (and dates) demanding payment of approx £3000 but the arrears are approx £200. I want to argue with them this time, and have written the following letter: I am sure that you are familiar with the Consumer Credit Act 1974 (as amended) and would therefore refer you to Part VII, which governs default and termination, and specifically direct your attention to section 87. This section concerns the need for a default notice, and I quote: “(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a)to terminate the agreement, or (b)to demand earlier payment of any sum, or ©to recover possession of any goods or land, or (d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or (e)to enforce any security.”[1] Section 88 then prescribes the contents of the Default Notice and details the effect of it. The arrears of £202.17 plus the current minimum payment owed on the account (according to the most recent statement) are the only sums currently due on the account. If the bank wishes to demand payment of the remaining balance of the account, this would come within the remit of S.87(1)(b) of the Consumer Credit Act 1974, because the creditor is demanding earlier payment of this sum. However, S.87 clearly requires the creditor to serve a default notice (which must be compliant with S.88) before the creditor can demand payment of this sum. Neither the letter from Halifax dated 13th July 2011, nor the letter from Albion Collections dated 19th July 2011, complied with the requirements of S.88. Consequently, I have not received a compliant Default Notice in respect of this account and you are therefore not entitled at this juncture to demand any payment above and beyond the arrears owing and the minimum payment for the current month. I also want to argue with them that I now only have to pay the arrears I owe and nothing else but haven't managed to find the legal basis for this. Could somebody point me in the right direction please? Thanks! [1] http://www.legislation.gov.uk/ukpga/1974/39/part/VII
  7. Just a quick update; I've had no further communication about this claim from DG or HSBC (no agreement and we're now getting on for five months since I last heard from them). I have interestingly had a letter from CDRU asking me to contact them - which I did, telling them this matter was now subject to legal proceedings so I wouldn't be dealing with them. They claimed the letter was a mistake and would sort this out but I had another letter from them last weekend saying they would be reviewing my account for further action. I've just ignored that one. Any tips on where to go next? I think if nothing happens by the start of September (i.e. six months from issue) the claim gets stayed.
  8. I don't work in HR but have managed several businesses where I was involved in recruiting staff for my unit, so have seen several references for prospective employers. I've also written a few as well. Most employers will not give a good or bad reference; all that the reference will say is something along the lines of: "I can confirm that John Smith worked for ABC Ltd. His employment started on 1st January 2010. He is currently engaged as a sales assistant" , particularly if it's a large organisation, because there have apparently been cases in the past where former employers have been successfully sued by their ex-employees for giving a bad reference so they won't give any opinion any more. If you also consider that it would apparently be in your employer's interests for you to leave (as you're a "bad apple") then they also won't give a bad reference either to make it easier for you to leave - though I don't know how much this goes on anymore! It's also worth looking at the disciplinary policy because most warnings will expire after a pre-determined period (so long as you behave yourself in the meantime!) - it's usually something like three months for a verbal warning, six months for first written warning and a year for final warning. So while it's unlikely that they would disclose the warning in a reference anyway, if you keep your nose clean and wait for the warning to expire it then couldn't be disclosed anyway. Worst case, the employer might refuse to provide a reference and then you may have to explain why to the prospective employer. Again, check the disciplinary policy; you should have a right to appeal the decision, and should always do this; even it isn't overturned you can prove that you challenged it and your grounds for doing so.
  9. Hi, I started a claim for charges and PPI against Barclays t/a Egg in May. Total is just over £600 Predictably Barclays acknowledged service but their 28 days are up on the 17th June. I had a Special Delivery letter from Barclays legal team today asking if I would agree an extension to give them a further 28 days so they can complete their investigation into my claim, and if I don't agree they will make an application to the court for more time, and his will cause them to incur costs (but this is almost certainly going to go to Small Claims). They've asked for my reply by the 17th. I would rather not give them more time and thought about replying by second-class post on the 16th telling them this and then applying for judgement in default. Is this likely to work? If not, what else can I do?
  10. Hi, not sure if I'm missing something but all of these links seem to go back to the front page(i.e. the page with all the news stories). What am I doing wrong? Thanks!
  11. Hi guys, thanks for the information about Jersey. That confirms my suspicions that the English courts don't have jurisdiction. My only concern is that I'm not sure where I would stand under Jersey law - there's no Consumer Credit Act in Jersey, for example, so would I better off proceeding in the UK? Plus I'm now well past the 14-day limit to contest jurisdiction, though I could make an application and state that it was delayed because I was waiting for the claimant to produce documents which would have confirmed if the (English) Courts had jurisdiction, that the CPR 31.14 request was served well within the 14 days, and the claimant consented to more time to file a defence. Anyway, so far nothing has happened since my previous post. I have heard nothing from HSBC or DG since their letter stating that they were looking for the requested documents and so gave me more time to file my defence - that letter was sent on 23rd March... So, do I want to: 1. Wait and see what HSBC do; 2. Contest the Court's jurisdiction as the agreement looks likely to be governed by Jersey law? 3. Apply for disclosure? 4. Apply for strikeout because there are no documents? 5. Something else? Thanks again for all the advice!
  12. OK, so will photocopy their letter and send to the Court with a covering letter over the weekend. I'll send this to the Northampton CCBC as I haven't yet been notified that the claim has been transferred elsewhere. As HSBC have never provided copy of the loan agreement, I can't say for certain if it is a loan or not. The product was called a Professional Studies Loan, the repayments were fixed but the interest rate varied (it was something like 2.5% above HSBC base rate) and I was under the impression it was a loan and not a bank account. I also don't have a copy of the T&Cs so can't find out whether it states it is subject to the jursidiction of the English or Jersey courts. The agreement they have provided for another loan (currently being passed around the DCAs) taken out at the same time doesn't state anything about jurisdiction. Plus, if I was outside of England at the time the agreement was made and therefore not subject to English law at the time the agreement was signed, could the agreement even have been made subject to the CCA? I did think that a SAR would be a good idea. However, would I need to send separate requests to HSBC, Metropolitan and DG as they are each individually registered with the ICO? Or would a letter to HSBC Bank PLC asking for data held by HSBC Bank PLC and all subsidiary companies (specifying MCS and DG by name) suffice?
  13. ...and in today's post, the following letter from DG Solicitors dated 23rd March (so it's taken 8 days to get here?) "Thank you for your letter dated 14th March 2011 We acknowledge receipt of your CPR request and are in the process of obtaining the documents you have requested. We will also allow additional time for you to defend the claim. Yours sincerely..." If the claim was served on March 12th, that gives me until April 9th to file my defence - though DG have said they will give more time. Can DG actually give me more time, because surely this is at the Court's discretion? I guess the best bet is to notify the Court of this myself. If I was cynical, I'd think that DG aren't going to tell the court that they're giving me more time, so that I don't file my defence and they can apply for judgement in default. But of course I'm sure they wouldn't do that, would they?
  14. No, the agreement started in March 2005 and I left Jersey in July, now living in England. On returning to the UK HSBC refused to open replacement onshore accounts. At the date of the agreement I was living in Jersey (and nondomicilied and nonresident in England) and all of my accounts were held with HSBC branches in Jersey.
  15. OK, so having read the other threads linked above, it would seem that I need to apply for a strike-out order via N244. I did think about counterclaiming for damages due to HSBC reporting adverse information to the CRAs, plus aggravated damages (for the distress) and exemplary damages but that would entail filing a defence and counterclaim, wouldn't it? If I were to go ahead with the N244 route, how would I then go about clearing up my credit record afterwards? HSBC have defaulted me on this account!
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