TRACYFLYY v HSBC

[TRACYFLYY]

hi i am going to court and i noticed that i need my terms and conditions. how do i get them, please can anyone help

[darkrage]

there is a whole thread on terms and conditions - have a look here

 

pick the ones closest to when you opened the account

[TRACYFLYY]

please can anyone help me because i am fighting the bank and taking them to court. the charges are occuring i know owe 940 because i am taking them to court. the debt agency has phoned me and they are going to get the bailiffs on to me. My court date is going to take about a month what can i do? Please help me.

[bongobaz]

you need to send a cca letter to the dca and also include on it that the amount is in dispute so cant be collected while in dispute

[TRACYFLYY]

sorry what is a cca letter and a dca I am new at this thanks for replying

[bongobaz]

cca is a consumer credit act letter found in the templates and a dca is debt collection agent

[gizmo111]

How much are they claiming and how much are your charges.

A DCA cannot send in the baliffs.

[Guest ConsumersRevenge]

Hi Tracy

 

The situation surrounding DCA's is tricky. They seem to make you believe (or at least try to) that they have all of this power, and banks go to them because they can do all this stuff the banks can't. It's pants, wuite frankly. Depending on the DCA involved, they will have either brought the debt or be acting as an agent. As the (quite good, and very correct) advise says, you officially dispute the amount in question. This will mean no action can be taken until the dispute is resolved. I used to work for a DCA myself, so i will send a message which might make you feel a little better, but is possibly too lengthly to put in the forum

[TRACYFLYY]

Hi my debt is 950 pounds these are all charges after charges. They told me today on the phone that if I don't accept the offer of them trying to help me pay a small amount of money then they will take it further and it will affect my credit scoring. thanks tracy

[Guest ConsumersRevenge]

If you can show these are all charges, let them affect your credit score... Then, I should imagine you would consider an action for damages. Thier unlawful action is damaging YOUR reputation. Think what a damages claim could amount too. It should also be noted that you can order the bank to remove details of any default issued pertaining to an unlawful charge. However, from my experience of working with banks, and a DCA, I would warn you not to expect a Christmas card from hsbc this year

[TRACYFLYY]

Hi i have been told by the courts that i have to provide the a) a shcedule setting out each charge repayment which is sought, showing the date amount and reason give if any.

b) copies of any statement or other document relied on as showing that each and every such charge has been made

C) a stament of evidence of alll matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise.

D) copies of all decided and other legal materials to be relied upon

 

Please can anyone tell me where to find most of these I am assuming A) is the calculation sheet b) is statements and D) is the legal documents on this site that explain why the bank is wrong for making such charges but I am not sure on the rest. Can anyone help please.

[jeneil]

Its all in Latties thread court bundles for dummies -it explains everything will post you the link in aminute:)

[jeneil]

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html

hope that helps:)

[TRACYFLYY]

Hi I am a normal average intelligent person but I am very confused with this statement of evidence. I am using the genuine one and I don't know what to put in the blue parts can I use the same information. My head is hurting I only have 24 days left to respond. please can anyone help also I unzipped the court bundle and there was 50 pages do I need to print this aswell.

[Castlebest]

Bump this for Lattie or Freaky to look at.

 

pete

[TRACYFLYY]

Hi I have looked at the court bundle and printed off 150 copies 50 copies each and I noticed there is a link early day motion from the house of parliament oft summary. I can't click on the link does anyone know if there is something else that I can go on to print this summary for my court case thanks tracy

[TRACYFLYY]

Today I Recieved A Letter From Hsbc And They Have Taken Money Out Of My Other Hsbc Account (one Is For Spending And The Other Is To Pay Bills.) Are They Allowed To Do This?? I Am In The Process Of Receiving A Court Date. I Have Done My Court Bundle. Any Help Please!!!

[barracad]

This process is known as off-setting, and is perfectly legal.

 

(By The Way, All The Capital Letters Makes It Very Difficult To Read Your Post)

[lateralus]

barracad - i've done this myself - you try to post in upper case (for effect or emphasis) and it comes out with every first letter capitalised instead.

[TRACYFLYY]

Hi I put my court bundle in on the 2 July and that gave HSBC 21 days to reply and put their case forward they never. What will happen now will I win? thanks tracy

[Spiceskull]

I'm not quite sure where you got the 21 days from. When you submit a claim the defendant usually has fourteen days to acknowledge the claim, and a further fourteen days to submit a defence.

 

My guess is that they will submit a defence by 30th July (when they need to) and you will receive notification from the courts to this effect. If you do not hear, I would wait for about a week, and then contact the court to enquire how your claim is progressing.

[Castlebest]

Tracy, you have made a new thread for every question you have asked we cant keep track of where you are if you do that.

 

I'm assuming you have had a court date notice from your local court and a set of directions, what did those say DG Solicitors had to do ?

 

pete

[lateralus]

tracey - i'm going to ask a mod to merge your threads

PLEASE - stick to one thread - we can't be expected to follow this if it's in so many different places -

once merged - just go on your one thread and ask any questions

 

never press new thread again unless you have a new claim to ask about.

ok?

[Janet-M]

14 threads merged and thread title changed

 

please keep to the one thread when asking questions or updating .This is in your own interest as you will get much more informed advice when people can see at a glance what you have done so far

[TRACYFLYY]

Hi I put in my claim last year it was just about to all go through the oft decided to take the banks to court. My court will not do anything now I have to wait til February 2008. Hsbc are contacting me asking for the money gave them my court reference number. Do you think there is a good chance of getting this money back? Is there anything that I should be doing. I have already gave my court bundle. Thanks tracy