Claim Issued Against Me. HSBC BANK.**WON** They discontinued

[wednesday1867]

Good Evening everyone

 

Seasons Greetings to one and all first

 

This is my story and situation...........

 

I had a bank account with the HSBC, when i got into trouble, they consolidated everything into a Managed Loan for me, how nice of them!

 

A few months ago before all the stays started coming, i started a claim for penalties etc on the bank account, i also sent a CCA request for my Managed Loan as i recall it being done over the phone, it may not of done, i've got a shocking memory .

 

I have never received an agreement for this loan, i cca'd HSBC and the company it got transferred to.

 

Since June/July when i was doing this i have received nothing.

 

Couple of weeks ago, received a letter from CL Finance informing me they had bought the debt, i wrote back saying that i was waiting for my agreement and HSBC shouldnt of sold it etc, they replied, saying they will look into it.

 

Today i received notification of a claim from Northampton County Court, the claimant being CL Finance didnt inform me they intended this route, but have started it.

 

The Particulars of the Claim are as such.

 

The Claimants claim is for the sum of £XXXX being monies due from the Defendant to the Claimant under an overdrawn bank account originated (they spelt that wrong) with HSBC Bank Plc under reference XXXX/XXXXXXX and assigned to the claimant on the XX XX 2007, notice of which has being given to the Defendant. The account was maintained without sufficient funds to meet withdrawals made by the defendant. The Claimant claims the sum of £XXXX.

 

Now this is the best bit, the outstanding amount is for my Managed Loan, totally different account number, well apart from sort code. I have all my bank statments and when my account was closed i had a plus balance, the remainder was sent to the Managed Loan.

 

I dont know what the best course of action is, do i counterclaim( How much is it to counterclaim), do i let it ride, just saying im defending in full and say show me where i was £XXXX over drawn, i didnt even have an overdraft . Part of the Managed Loan paid my HSBC Credit Card, so im gonna go through all my statements, just to make sure there is at no point an overdrawn balance of the amount they claim.

 

I would like to complain to everyman and his dog too, printer has been redundant since everything got stayed, but dont know who to complain to, i want to complain about HSBC too, selling an account they shouldn't of sold

 

So any help and guidance would be very much appreciated.

 

Thanks for looking.

[surprise]

You will get more help in the General Debt Forum than this one, ask a Mod to transfer it for you.

[Hopeful1]

You will get more help in the General Debt Forum than this one, ask a Mod to transfer it for you.

 

 

You must have read my mind, Surprise!

 

Hey Wednesday

[rory32]

Thread moved to General Debt

[Hopeful1]

You're too quick for your own good Rory!!

[wednesday1867]

Thanks for moving the thread

 

Still not sure the way to go with this

[rory32]

A few months ago before all the stays started coming, i started a claim for penalties etc on the bank account,

Have you filed this claim at court?

[wednesday1867]

How ya doing Rory?

 

Yep, claim done through court and has been stayed til the OFT Case.

 

Thing is tho, this debt is for the Managed Loan under a seperate and different account number. So i don't understand why they are quoting my bank current account number.

 

So i think i could win, by the lack of cca and also because they have the wrong details, just dont know how to go about it.

[rory32]

Yep, claim done through court and has been stayed til the OFT Case.

Which means their claim will have to be stayed as well particularly as they have used this account number in their claim.

[wednesday1867]

Would that be the only or best option for this?

 

Just thought i could get this done and dusted pretty quickly, asking them to show me this debt on that account number (there isn't a debt on that account number) or to show me the agreement for it on its proper account number. Maybe get it thrown out or get a ruling in my favour.

[Goldlady]

I have two claims so far from CL Finance - one was issued on the day the debt was assigned to them:confused:. That one was withdrawn when I defended it and the second one is ongoing. It seems they are issuing claims on a bulk basis without any justification. I can post links to my threads if it will help.

[wednesday1867]

Over Christmas we had a death in the family, which kinda put this on the back burner.

 

But i need to get this sent back, at this stage, do i need to add any information or can i just tick my intention to defend and then sort my defence out in the next 14 days?

 

Goldlday seems your right, i have received another letter saying CL are still awaiting info from HSBC, but also received a letter from their solicitors saying i should of received the court paperwork.

[Hopeful1]

Just wanted to say "Hi".

[Goldlady]

Hi Wednesday, yes you can do that - I have put a full defence in on all three of ours even though I am not sure with one of them whether the CCA is valid or not. This will then buy you some time. I have been told by the superbeings on here that if you put in a full defence and then it is decided that the CCA is valid you are not penalised - I just hope that is right;) I think if you are waiting for information before you can fill in the defence that you can say so IMO.

 

Sorry to hear about bereavement. Not the best thing to happen at this time of year.

[wednesday1867]

Yeah i know, but thanks.

 

Well the think is, the alleged debt is on a different account, they are taking me to court on my bank account, which was closed with a plus balance. My bank account has never been more than a few hundred over and not for long, so thats the basis of my defence. If they get it on the right account number then, the cca will be my defence.

[pt2537]

have you recieved a notice of assignment for the transfer from HSBC to CL?

 

also how was the notice served was it by normal post?

 

can i also ask if you received a default notice? and finally , what documents were included with the claim form?

 

Regards

paul

[wednesday1867]

I received a letter informing me CL Finance have bought the debt off HSBC, is this notice of assignment, if it is, yes by post.

 

With the court papers, was just their poc's and general court paperwork, no evidence or such.

 

I think ive already been defaulted, but ill just go through paperwork and check.

[wednesday1867]

Yes i have been defaulted on the managed loan.

 

Yes the first letter off CL Finance is a Notice of Assignment

[pt2537]

ah ok, but the default notice served must comply with Consumer Credit (Enforcement, Default and Termination Notices)Regulations 1983 (SI 1983/1561) if it doesnt then its arguable that the creditor is not entitled to take any further action until they rectify the failure of the default

 

it would be helpful if you could post copies of the documetns they sent removing all the personal details first

 

as far as the assignment goes, the notice does not have a prescribed form as such but it must be accurate and contain the correct figures and dates etc

 

they have failed to comply with part 16 of the cpr that's for sure for failing to include a copy of the written document they are reliant upon in bringing the claim

[wednesday1867]

Which documents? The Court papers? The default, the notice of assignment?

[pt2537]

default would be a good place to start

 

if you can post a copy of it removing all personal details account no etc

 

also the notice of assignment would be good to take a look at as if there are any glaring in accuracies

 

and the credit agreement if you have a copy? those would be whats we need to pick holes in really

 

Regards

paul

[wednesday1867]

Default Notice Front Page

 

[wednesday1867]

Default Page 2

 

[wednesday1867]

Notice of Assignment

 

[wednesday1867]

This is what i received in response to my cca, it wasnt signed, looked like it had been printed especially for me, they have never produced a signed copy of an original, just this reprint.