HSBC at it again!!

[FinancialNinja]

I am in the process of being take to court by HSBC regarding a credit card.

 

I sent them a letter regarding an improperly served default notice and they claim in their response that:

 

"There is NO legal requirement to keep copies of default notices" and "It is a legal assumption that once a letter is posted it will be recieved"

 

I also question data recorded on my credit file because even though they claim that I defaulted in july 2007 they only put the entry on my file this month, yes a staggaring 12 months later. If that was not bad enough when they recorded the data on my credit file they filed it as defaulted in Jan 2008!!!

 

Their letter offers appologies and states that they have amended the information.

 

Could anyone offer advice on the above??

 

Thanks

[Helios]

Not sure on this but i'm thinking they need a true copy of the agreement and copy of the default notice before a court is entitled to enforce it

 

if the default notice that was served improperly then the court cannot enforce the agreement but their is case law on this and it has been on seen on some threads on this site

[FinancialNinja]

Thanks Helios, I have sent a request under CPR Part 18 to there sols. That should pull everything out of the woodwork. They are just chancing it I think but I can add all of their idiotic responses to my file and produce if necessary in court.

 

Any other thoughts much appreciated!!

[ScarletPimpernel]

HSBC regularly demonstrate a level of both ignorance and incompetence which makes me wonder why I ever trusted them with my money.

 

At the moment, it seems that they are desperate to rake in as much money as possible to try to offset the effects of their irresponsible lending and foolish investment in the US sub-prime market. Complying with their obligations under the law and various codes does not appear to be a priority for them. I have had several long-running battles with them, and even when it is very clear that they have no hope of success whetever, they struggle impotently on, waving their flaccid willies (in the form of threat-o-grams), at regular intervals. I now ignore them, and just file away the monthly 'pay-us-or-the-sky-will-fall-in' missive.

 

For all their threats, and all their pompous letters declaring that their paperwork was in order and enforceable, they have singularly failed to exercise their right to go to court. Funny, that.

[FinancialNinja]

Thanks SP

 

I am off to court, I have had their papers and done my AOS. I have sent their sols a CPR Part18 request and we will see what they come back with. I am also penning 2 defenses depending upon what I recieve from their sols.

 

The stupid thing about this default thing is that it only appeared on my files when they were about to serve papers?? Something fishy here me thinks!!

 

Then they send me some internal papers by way of a default notice substitute which has my old address on it!!

 

They are just a bunch of incompetant fools!!

[robcag]

 

I sent them a letter regarding an improperly served default notice.....

 

 

Hi FN

 

Would I be correct in assuming that they have actually sent you a DN (improperly served or not)?

 

If so, it might be worthwhile scanning and posting it here (remove your personal details, but leave dates etc) for further perusal by CAGgers, as HFC/HSBC are well known for issuing invalid DNs.

 

If this is the case with yours, then to use pt2537's famous words, it could be game over for them!

 

Good luck

Rob

[FinancialNinja]

No they haven't sent a DN they have sent an internal communication from their credit card centre to my branch. It is almost an internal memo!!

 

So you can all have a laugh I will try and scan and post it up here.

[Helios]

One thing i have noticed with a few who had claims issued by HSBC, their pet solicitors send back an standard letter stating they have no intention of replying to your CPR Part 18 which is very silly of them

 

Their is case law regarding improperly default notices, its recissan of contract

[FinancialNinja]

Thanks Helios,

 

Very interesting, I can't see how a court would their claim seriously if they failed to respond the CPR Part18.

 

Like many other financial organisations they seem to think that they are outside the law and can still play by their own rules!!

 

Bring on the court case!!!

[FinancialNinja]

The response from DG Sols to my CPR 18 request reads as follows:

 

-----------------------------------------------------------------------

 

HSBC Bank plc - v - yourself

Northampton (CPC?CCBC) County Court

 

We respond to your letter dated xxxxxx within which you request information under cpr 18.

 

In respect of the information requested within your letter, we confirm we have requested the following documents from our client and will forward the same to you once we are in reciept.

 

1 - Copy of the credit agreement together with the terms and conditions applied to the account at the time the account was opened.

 

2 - True copies of any default notice sent in respect of credit card number xxxxxxxx together with statements going back 6 years.

 

In relation to the other documentation which you have requested within your letter, we consider that those items are disproportionate to the claim as it stands.

 

In order to establish whether or not the additional documents requested within your letter are reasonable and relevant to the proceedings, we would be grateful if you could advise what issues the requested documentation are relevant to and each head which it falls within.

 

We look forward to recieving your response by 18 Aug 2008.

 

In the meantime we confirm that a request for judgment has not been made. Upon reciept of the documentation from our client, we will forward the same to you and then provide a further 14 days for you to file your defence.

 

Yours faithfully

 

DG

 

-----------------------------------------------------------------------

 

Here are my questions:

 

1 - They claim to have requested the information which I have already requested and their client has failed to provide. However, if they were preparing a court case wouldn't their precious client have given them this info first rather than sending them on a fools errand?

 

2 - Can they decide under a cpr part 18 request that they consider the information i request to be disproportionate?

 

3 - Should I respond to them? If so any ideas what I should send them?

 

Thanks all

[FinancialNinja]

Bump

[FinancialNinja]

Defence is going today!! Surprise Surprise, even after a CPR Part 18 letter they have sent me NOTHING!!!!.

 

I'll send off this defence and when anything else happens I'll keep you posted.

[Helios]

Inform the court, they haven't replied to your CPR 18 request just as typical for HSBC

[FinancialNinja]

Thanks Helios, I have put that in my defence!!

 

Cheers

[FinancialNinja]

Well, it is now over 30 days since I heard anything on this one and I thought that if HSBC Sols didn't reply the claim would be stayed??

 

Any ideas on what I should do now?? :-?

[robcag]

Hi FN

 

It would probably be a good idea to phone the court and ask them the status of the claim, as it is possible that something has been sent to you but you haven't received it.

 

Cheers

Rob

[FinancialNinja]

I have phoned the court and they have advised that the claim has been stayed because DG Sols didn't respond in time.

 

Any ideas what I should do now, if anything??

 

Thanks

[willow1261]

Hi,

 

I have also received a letter from dg sols with request for the same info as yours.

 

they have sent me their docs which they want to rely in in court which include

 

1 a letter addressed to MR A sample of sampletown!! re change of conditions from budget card to credit card.

2 a microfische copy of a precontractual application form as a regulated cca agreement with no prescribed terms. not even a bank signature.

3 A template of a defult notice with no name, address, date of any personal details and full of computer jargon which should have been edited out and because of this it makes no sense.

4 statements up to six years ago. not since the account has been opened.

 

they maintain that they need not provide anything else as it is not needed for court case!

 

they also ignored my cca request and filed a claim in northhampton four weeks after. i can prove by reg. post that they received it!!!

 

this is a farce!

 

i am considering claiming damages for stress and distress and defamation of charactor under the harrasment act 1997 and others!!! ( if possible)

 

i am going to make life as difficult as i can for them!!

 

willow

[FinancialNinja]

Thanks for that willow!! Exactly the same with you then. This must be costing HSBC a fortune instead of just admitting that they cannot provide and that they are in fact in the wrong.