Hsbc Agreement, Illegible, Unsigned By Bank...is It Enforceable?

[Luxxinterior]

Hi

Received a letter from their solicitors in response to my CPR31.14 request. They claim that their client requiresa payment of £1 before they can send me the documents...this is bo**ix right?

 

As it stands, their POC relates to an agreement which did not take place on the date in question, they have specified that they sent two formal demands on the same date, they do not mention any account numbers at all.

 

Anyone suggest what to do from here? I cannot exactly create a defence as the POC are completely wrong, they obviously know the agreement is illegible, and probably realise now that the dates are all wrong.

 

Is there any point in pursuing them further for the docs? Should I just submit an embarrased defence?

 

Am I correct in thinking that a CPR request as opposed to a request under the CCA1974 should not impose any charge?

 

Any help would be great

 

Thanks

[cerberusalert]

Received a letter from their solicitors in response to my CPR31.14 request. They claim that their client requiresa payment of £1 before they can send me the documents...this is bo**ix right?

Total botox, you are requesting information under CPR on evidence they are going to rely on in court.

Is there any point in pursuing them further for the docs? Should I just submit an embarrased defence?

If you do enclose a copy of the solicitors refusal to provide your CPR.

Am I correct in thinking that a CPR request as opposed to a request under the CCA1974 should not impose any charge?

Yes

[Luxxinterior]

Total botox, you are requesting information under CPR on evidence they are going to rely on in court.If you do enclose a copy of the solicitors refusal to provide your CPR.Yes

 

Excellent ... thanks a lot Cerberusalert

I think I will just go straight for Embarassed defence, i am not wasting my time chasing them for something I know they cannot produce.

I will request their claim to be struck out as no agreement was entered into on the date specified in their POC, and because they have failed to disclose the agreement they base their claim on...or any other doc for that matter

[Luxxinterior]

Hi

This is the Defence I will be submitting in the next couple of days.

 

No agreement took place on the date specified, so I decided to keep it short and sweet.

 

Can anyone let me know if it is ok?

 

Defence

 

1. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any Default Notices/Formal Demands/Termination Notices issued or any other matters necessary to substantiate the claimant's claim.

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

4. Consequently, it is proving difficult to plead to the particulars as matters stand

 

5. Further to the case, on xx/xx/2008 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices.

 

6. To Date the claimant has ignored my request under the CPR (letter from DG Solicitors attached) and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested.

 

7. Furthermore, the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award:

• The general rule

2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974;

 

8. The Defendant is confident that the Claimant cannot produce any Loan Agreement which has allegedly taken place between the Defendant and the Claimant on the date specified in the particulars of claim.

 

9. Without Disclosure of the relevant requested documentation I am unable to asses if I am indeed liable to the claimant, nor am I able to asses if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974

 

10. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant's statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

11. Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph 5 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

 

 

Statement of Truth

 

I, believe the above statement to be true and factual

Edited July 4, 2010 by Luxxinterior

[Luxxinterior]

Wow... things have changed on here ...its been a while since I have been on...

 

An update on the above...after filing my defence, HSBC never responded so the case was stayed...have heard nothing since

I gotta hope they cannot find a way to enforce their agreement which no-one can read between now and 6 yrs time

[underdog13]

That's great news, Luxx.

 

Keeping my fingers crossed for you - best of luck with it.