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Tobes

Tobes v HSBC **DEFAULT REMOVED**

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ok, update time:

 

DG Solicitors requested a copy of my credit file, so that they could assess the impact of the default they placed, but they also stated that they didn't believe that the default was unfair, or that they were wrong, and that they accepted no liability whatsoever...So I faxed back asking why they needed to assess any 'impact' if they didn't believe that the default was wrong - they were contradictings themselves.

 

Anyway, they asked me to reconsider but offered nothing more, so I refused.

 

The other day i received word from the court that the case has been defended and is moving to my local court.

 

So, here is the defence, MODS PLEASE OFFER ANY HELP YOU CAN!!!

 

1. The Claimant's account is governed by the Defendant's personal bnking terms and conditions.

2. Pursuant to the Defendant's terms and conditions the Defendant is entitled to make a charge for its services as set out in the Defendant's price list.

3. It is denied that the fees charges for the services provided amount to a penalty or liquidated damaages clause. The fees are an agreed price for a service provided by the Claimant.

4. The Claimant has failed to provide any breakdown of how the sum claimed is calculated.

5. It is denied that any default notice that has been registered as a result of the Claimant's failure to repay monues owing to the Defendant is unlawful under the Data Protection Act or any other statutory provision.

6. It is denied that the Claimant is entitled to compensation as alleged or at all. Further the Claimant has failed to provide any particulars of loss either in the Particulars of Claim or as requested by the Defendant which would allow the defendant to plead more fully in relation to this issue.

7. It is denied that the Defendant is entitled to a declaratory order for the erasure of any default notice. Further to make such a claim under part 7 procedure is not appropriate and is an abuse of process.

 

Well, firstly, the spelling and typos were shocking. And I assume paragraph 3 should read 'service provided by the defendant' NOT '...by the Claimant'?!?

 

It seems they're going down the services argument - what the latest on the defence to this anyone know where I can find relevant threads??

 

Now, they've NEVER asked for a breakdown of charges before, presumably because it's such a small matter of just over £100.00, but I suppose I could send a copy to them and the court with my allocation questionnaire...

 

In the Allocation Questionnaire I shall ask for standard discloure, I shall note the atrocious mistakes, I shall include a copy of the charges but state that it was never asked for and that they have the info. anyway, I shall also state that the defendant has denied that the default is wrong and so my credit file was not relevant, that this would have gone to court anyway, that if i AM required to supply my credit file I shall request that the bank disclose their credit assessment procedure and details of how they caluclate risk in order for ME and the COURT to also assess the impact....I shall also state that they have agreed to refund the money and to remove the default, so what the hell are they talking about

 

THOUGHTS??!?! I'd really appreciate any help, especially on the sevices argument, though it might be that it's struck out because of not following the right procedures, 'cause after all this wasn't my main claim (which I won) so I was willing to take a risk and experiment with the compensation thing

 

Cheer,s

 

Tobes

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Maybe just quit while you're ahead. You've recouped all your charges and had the default notice removed.

 

I think the claim for compensation, unless backed up with full and damning evidence - which you haven't been willing to forward on request - is slightly on the greedy side. For once I think you have genuine grounds to be wary of the defence submitted by HSBC.

 

I know I'd cut and run, you've tried it on - and it doesn't seem to have worked. You have to prove losses if it goes to court - could you?

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Well, assuming you're not from HSBC :D I do appreciate your response, but I did not do this to be greedy, and I do not want HSBC to get away with this; I'm not actually interested in getting any extra money, which is why I left the decision up to the Court...But in order for this to be decided, it must go to court and the court must deliberate over the lawfullness or otherwise of the fees, something that has not happened for other people because the banks just settle. So this is a way to actually get the matter to court.

 

Further, if you read my thread, you will see that my account went overlimit by about £5.00, which they obviously agreed to honour, I didn't ask them to, yet they then went on to charge over £100.00 worth of fees. I refused to pay them and they defaulted me. NOW, I really don't think they behaved at all civilly, I think they were rotten to do what they did and I think that they believe they can do what they want. I also received over seven threatening letters from various debt collection agencies. So if I have to show damage, I will show the letters and there is the matter of the default, which I believe was wrong and therefore also unlawful under the DPA. They should not be able to get away with this sort of thing.

 

I will make it clear to the judge if it gets that far that I will not be seeking vast sums, I would be willing to accept one pence. That would make me ecstatic because it would still mean that the court would have had to rule that the fees were unlawful and therefore that also the default was unlawful.

 

It would be a win for all of us so I will not be giving up just yet if you don't mind :)

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Hi again Tobes, no not working for HSBC, actually got an MCOL against the same that was 'acknowledged' today for £1707.

 

Was only advising what I would do if I was in that situation. You've got all your charges back and the default removed, and I understand that you're chasing compensation purely for the satisfaction than the monetary value. Fair enough.

 

In that situation myself, I would feel that the recompense and the lifting of the default is compensation enough. I read the defense that HSBC have submitted and it also implies the charges on your account were enforcable and legal. What if through some (admittedly) luck of the Gods, the Judge decides in HSBC's favour over these charges - are you going to risk the fleeting moments of satisfaction 1p of compensation would give you against having to hand back all the cash you've just been given??

 

I believe a Judge recently threw out a claim in view of the fact of a nearing High Court ruling. And as I said unless you can prove any actual losses (not including subsequential losses, which I believe the bank aren't accountable for), then (again putting myself in your place) it's a risk that simply wouldn't be worth taking.

 

Whatever you decide mate, all the best!!

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Tobes, don't give up. I think some people are missing the point regarding the unlawful placement of a default notice that amounts to a defamation of character.

 

The fact that you have been given the charges back and court costs means that this is, to all intents and purposes, a no risk move. They have effectively paid for you to proceed...

 

Please take a look at my thread v Halifax (see my signature for link) for your document exchange, what you'll need and how to prepare it.

 

I wish you the best of luck mate - well done so far


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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Maybe just quit while you're ahead. You've recouped all your charges and had the default notice removed.

 

I think the claim for compensation, unless backed up with full and damning evidence - which you haven't been willing to forward on request - is slightly on the greedy side. For once I think you have genuine grounds to be wary of the defence submitted by HSBC.

 

I know I'd cut and run, you've tried it on - and it doesn't seem to have worked. You have to prove losses if it goes to court - could you?

 

Did you read the thread before this comment?

 

The OP does not have to prove losses - he merely needs to show a Judge that, on the balance of probabilities, the charges are unfair and/or unlawful and, as such, and mark on the credit file associated with them must also be unfair and/or unlawful. This is a slur against the OP's name - a defamation of his character - and is therefore grounds for a claim for damages which the OP is happy for a Judge to set a value upon.

 

Not greed, but justice.

 

...I know I'd cut and run...

Then let us all be very grateful that the choice to start this website was not left in your hands!


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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Sorry, as I thought I clearly stated, I was only advising what I would do. I thought that's what forums were about, exchanging personal views and opinions - at no point did I instruct or say I knew for a fact what any outcome might be.

 

Slinging comments like

 

"Then let us all be very grateful that the choice to start this website was not left in your hands!"

 

will only make people less likely to provide any "new" information they get their hands on! ;)

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Thanks jonni, I will stick at it because they have ****ed me off but also because I have nothing to lose - there is nothing major at stake so it should be quite interesting...It may fizzle out to nothing but then again a nice court might bitch slap them to Hades :D

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Sorry, as I thought I clearly stated, I was only advising what I would do. I thought that's what forums were about, exchanging personal views and opinions - at no point did I instruct or say I knew for a fact what any outcome might be.

 

I think, if you read the above posts a little more carefully, you will see that those comments were NOT directed at you....


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.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Do i have to send a copy of the AQ to hsbc as well?

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You don't have to, but it is considered 'good manners' and I sent them a copy of my AQ.


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.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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This topic was closed on 10 March 2019.

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 4784 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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