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

[pt2537]

Hi wednesday,

 

well the default looks ok on first glance

 

the assignment is an absolute assignment so all the rights and responsibilities transfer to them and they have the right to sue in their own name

 

can i ask, is that the document that CL supplied in reply to a cca request>?

 

have you filed a CPR request to them? if not you need to fire one off very quickly

 

when does your defence need to be sent to the court?

[wednesday1867]

No the letter off Cl, came out of the blue, i cca'd HSBC ages ago, received unsigned document, then after a few months, i received that. I have written to CL explaining the situation regarding the lack of CCA. Ive had 2 letters off them saying they are looking into it and are awaiting a response from HSBC.

 

I dont know what a cpr is?

 

Im sending the intention to defend tomorrow, to get there Friday, then defence has to be in by 21st roughly. Like i said with the bereavement, ive kinda lost track, but need to get this sorted.

 

My question is tho, i defaulted on the managed loan acc no 123456789, they are taking me to court on account number 987654321, not related, surely they have to prove i owe this money on the wrong account number, as this is the number the have quoted, so surely this should be in the bag?

[pt2537]

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

 

 

that's the cpr letter im referring to

 

id send it to CL asap, via special delivery

 

they must supply you the documents they are reliant upon

 

can i just confirm per the example you have given,

 

the account which has been assigned to CL

 

is it the managed loan one ? if it is then i guess they are suing you for an overdraft account which they are not entitled to is that what you are saying?

[wednesday1867]

Thanks, ill get that in the post.

 

Yeah what im trying to get across, prob badly is i had a bank account with HSBC and a HSBC credit card, when i first started missing payments, they said they could combine my credit card debt and a few hundred that i was overdrawn, had loads of cards, but never had or want an overdraft. Anyway, they set up the Managed Loan for me on a seperate account number, my bank account went back to normal, no overdraft and not being more than £50 over, usually a few days before payday. My Managed Loan repayments, went from my bank account off the Managed Loan account. Ive even got statements from HSBC on the Managed Loan account number of all my payments.

 

Anyway, i defaulted on the Managed Loan, bank account still running normally, they transferred the Managed Loan debt to their own in house DCA, who i duely set up a repayment plan, which i kept to, until they failed the CCA.

 

Now on the dealings with CL, they quote my bank account number and not the Managed Loan account number, so i can go back through my statements and say where is this £XXXX that you say i owe? They cant cos my bank account has never been that far overdrawn and it was closed with a plus balance.

 

Now if they took me to court for the Managed Loan debt on the Managed Loan account number, then my defence would be lack of agreement.

 

Prob as clear as mud

[MR2Phil]

Good luck with this...I am in the process of defending against CL Finance and have received nothing from them so far apart from court papers, Notice of Assignment and then a threatening letter.

 

My defence was at court on 31st December so 3 weeks further down the line than you. Just follow people on here's advice. It feels good when you're actually dong something about it, huh?!

 

Good luck, will keep an eye on this one.

[pt2537]

Thanks, ill get that in the post.

 

Yeah what im trying to get across, prob badly is i had a bank account with HSBC and a HSBC credit card, when i first started missing payments, they said they could combine my credit card debt and a few hundred that i was overdrawn, had loads of cards, but never had or want an overdraft. Anyway, they set up the Managed Loan for me on a seperate account number, my bank account went back to normal, no overdraft and not being more than £50 over, usually a few days before payday. My Managed Loan repayments, went from my bank account off the Managed Loan account. Ive even got statements from HSBC on the Managed Loan account number of all my payments.

 

 

OK So the managed loan cleared off the account and left you with a zero balance on the current account? so we are playing with a new account entirely

 

Anyway, i defaulted on the Managed Loan, bank account still running normally, they transferred the Managed Loan debt to their own in house DCA, who i duely set up a repayment plan, which i kept to, until they failed the CCA.

 

so the current account is still in credit and nothing wrong with it then?

 

Now on the dealings with CL, they quote my bank account number and not the Managed Loan account number, so i can go back through my statements and say where is this £XXXX that you say i owe? They cant cos my bank account has never been that far overdrawn and it was closed with a plus balance. So they are piddling in the wind then, oh this is gonna be fun

 

Now if they took me to court for the Managed Loan debt on the Managed Loan account number, then my defence would be lack of agreement.yeah it would and the agreement would not be enforcable unless produced before the court

 

Prob as clear as mud

 

Nope actually very clear

 

so quite simply they have the wrong account number and they are suing you under the wrong account number which you can prove has a zero balance

 

oh dear they are obviously working very hard to balls it up:D

[wednesday1867]

Thanks Mr2Phil

 

Pt2537, thats pretty much it, they are sueing me for the owed amount from my managed loan on my bank account number, when the managed loan had an account number of its own.

 

I kinda knew they couldnt win this one cos of the account number, im just not very good with legal terminology and the process.

 

With the notice of assignment, does that mean this cant go back to HSBC, does it mean Cl have been left with a concrete cow? Or can it all go back and re issue court proceedings on the correct acc no?

[pt2537]

Thanks Mr2Phil

 

Pt2537, thats pretty much it, they are sueing me for the owed amount from my managed loan on my bank account number, when the managed loan had an account number of its own.

 

I kinda knew they couldnt win this one cos of the account number, im just not very good with legal terminology and the process.

 

With the notice of assignment, does that mean this cant go back to HSBC, does it mean Cl have been left with a concrete cow? Or can it all go back and re issue court proceedings on the correct acc no?

 

Well that's one word for it, i would have said theyve been left with a sack of Sh!te myself:D

the assignment is absolute so as far as i know thats it, its now owned by CL,

 

however, i assume that the assignment shows the managed loan account number? or does it show the current account number?

[wednesday1867]

Notice of Assignment is Bank Current Acc No and not Manged Loan acc no.

 

So really they will have to see this through, to try and get something back? I only have to show my statements and say point out the amount you are claiming and that should be that?

 

Im gonna go through my bank account statements now, just to see the highest amount i was ever overdrawn.

[pt2537]

well i would say that all you need to do is to show the balance at the point the account was actually closed

 

 

GAME OVER

[wednesday1867]

The account was nearly £100 in the positive, reminds me, it says transferred, no idea where too

 

Would it be adviseable to send Cl or their Solicitors a letter saying, heres my closing balance, where do you get this £X,XXX from?

[Goldlady]

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-533.html#post1310289

 

You need to look at B3rty's post on here - I think it is similar situation - where perhaps they have moved account balances around?

[B3rty]

I'm still quite green so not able to offer advice but I found out that HSBC/FD will open an account clear any debt with a payment from that account and default the account all on the same day, for some reason they use their everyday savings account which doesn't have an overdraft facility then pass this to their in house DCA Metropoliton..

 

If like me ,they have assigned a different account then you must have a great case in court and should be able to fight this....my case is new as its only just been assigned so I am dealing with it head on but I am sure someone will help you with a great defence for this

 

I called First Direct and found out what happened asked them to send copies of statements which they did and followed up with this letter (Below) which they replied to qualifing no overdraft, account closed with a .76p balance so I have this and the copies of accounts to back me up, however you have a short period for your defence so a letter may not be timely but if you have account copies I would use these to refute the claim.

 

 

Dear Sir/Madam

 

REF 404781 xxxxxxxxxxx

 

I refer to my recent telephone conversation with your office on 28th November and would like to thank your staff member who was extremely polite and helpful

 

 

Thank you for sending me copies of the archived statements for the above account however I require a little more information as the statements do not contain the detail I require to bring my records up to date

 

404781 xxxxxxxxxx

 

 

Please could you confirm:

• Type of account e.g current/savings
  
• Date opened
  
• Overdraft limit
  
• Date closed
  
• Balance at closure date

Thank you for your co-operation

 

Yours Sincerely

 

Berty..

[wednesday1867]

Just had a thought.......

 

My bank charges claim has been stayed and its obviously on the account number they are taking me to court for, so is it worth applying for a stay, or should i just defend and getit out of the way?

[wednesday1867]

Also, when i do my defence, do i just go like for like with their poc's, match up a counter arguement to each point?

 

I can't counter claim for the removal of the default, cos the account numbers dont match up, so there is nothing to counter claim for?

 

Thanks

[pt2537]

Hi Wednesday,

 

ill pop back in later to go through this fully with you as im off out now, but dont worry, they have no grounds for bringing this action pure and simple

 

Regards

 

paul

[wednesday1867]

Cheers Pt

 

Not worried, quite looking forward to it

[pt2537]

Hi Wednesday,

 

Sorry but i got caught over the outlaws earlier

 

Right then, i have a question,

 

the Bank account these macaroons are suing you for, do you have a statement showing that it has a zero balance?

 

if so excellent, if not we need proof that the account has a zero balance at its close

 

Regards

paul

[B3rty]

Paul..almost repeated your post above so I have deleted it....

 

I have a simular situation so there should be a good case if the wrong account detail, i.e the old closed account is the one assigned.

 

I spoke to some one in HSBC customer services who explained that this was a cock up by Metropolitan and they had assigned many closed accounts

[wednesday1867]

Yep i have the statement thats shows i had a positive balance when it closed, last action on the statement in the transfer of the plus balance off the account leaving a £0.00 Balance Account Closed bottom line.

[pt2537]

Great news mate,

 

well defending this will be fairly easy IMHO

 

can i just double check when the defence is needed to be at the court?

[wednesday1867]

Forgot to mention, no need to apologise about being with the outlaws all your help is greatly appreciated.

 

I received the court papers with the date of 17th December on them. So by my reckoning, i had 5 days plus 14 to submit my intention to defend, deadline being yesterday, so i now understand i have another 14 days to submit my defence, which gives a date of 19th January.

[pt2537]

ok super,

 

im afraid i may ask the same question more than once, its just that when you are helping a few people you tend to get a little muddled and thats why i ask just to confirm things so appologies in advance if that happens

 

right then we have plenty of time to go for the defence, so thats not a problem

 

you will need to get photo copies of the Bank statement for sure as you will need to submit it with the defence

 

any way, i will have a look and see what i can come up with for you

regards

paul

[wednesday1867]

No problems ask away.

 

I take it, its not worth counter claiming for anything, the default doesnt worry me at all.

 

Only question i have is, where has the debt gone? HSBC have sold it, so they have wshed their hands of it? CL cant chase me for it if they have wrong details? So is it likely it has just vanished?

[wednesday1867]

Also will the defence bundle be anything like the bundle for going to court with the charges?