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    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
    • Right that's exactly why so many drivers got caught, it had been that way for many years then suddenly changes with no warning
    • The hearing is 25th June, I have downloaded items to different organisations previously but they do it a simple way and I just cross out private things with a felt tip and sent to an email address.  I have looked at the instructions for CAG it seems extremely complicated especially this about having to use a system MSPAINT.EXE that removes your personal information. I am hoping one of my Grandchildren understands things to give me help, I have shown one of my daughters she said she does not understand the instructions. I have a PC and I mainly use a lap top, as previously advised I only understand the straightforward things, sending an email and using my scanner to send a document that I save in a file or send it to an email. I will try and find someone to help me, thanks for your help you have given me so far appreciate it        
    • Yes, it would. Especially as they are supposed to put up extra signs to show that parking restrictions have changed, which of course they won't have done.
    • Right would that be grounds for a dismissal right there then, 90 seconds?! Lookingforinfo - you're getting crossed wires buddy, we're in the hospital thread here, the ICO complaint was my other appeal the Locton estate one   Regards
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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www.hsbccreditcardsucks.c om (problems in US)


idiotprogrammer
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Hi, there,

 

I'm an American who lives in Houston, Texas USA who recently filed a lawsuit against HSBC Bank NA.

 

I realize this forum is intended mainly for people in UK (although by the way, I have dual Irish citizenship).

 

However, I thought you might be interested in knowing about a complaint/gripe site I have set up.

 

HSBC Credit Card Sucks

 

I was going to add some more to this point, but the essential part is there already. Feel free to make suggestions (and also please link to it if you are so inclined).

 

I have also set up a web page to follow a lawsuit I filed against HSBC Bank Nevada NA.

WHY HSBC Sucks | Idiotprogrammer

 

The case goes to trial on April 28, 2009.

 

It is really encouraging to see how much resource pooling I see about HSBC in UK in this forum. For example, in the US I could never obtain a copy of the credit card agreement, and it took me a long time to find basic information for filing a lawsuit.

 

For example, in US, it is impractical to file a lawsuit against a national bank; on the other hand, we have an Office of the Comptroller of the Currency, and it's relatively easy to file a complaint with them which the credit card is obligated to address.

 

File a Complaint about a National Bank

 

I have dealt with maybe 15-20 credit cards over my lifetime, and this by far has been the least competent.

 

Anyway, feel free to make suggestions or provide information you think I should add to the complaint site. Also, if this forum has any subforum for US customers, let me know.

 

Robert Nagle

idiotprogrammer a-t- gmail.com

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Sorry, one other thing, I'll reprint from the gripe site. Note that several of these complaints are specific to my case:

 

10 Reasons Why HSBC is the world’s worst credit card

 

 

  1. HSBC doesn’t responds to written correspondence sent to them by post.
  2. HSBC will not provide a copy of the credit card agreement upon request, either on the website, or via post.
  3. HSBC does not provide written information on their website about how to pay off a final balance and close the account for good.
  4. HSBC is linked to Household International, a credit card issuer well-known for its predatory lending practices (It settled a $486 million lawsuit with 46 states in 2002). HSBC integrated with Household International in 2003, and some allege that the current HSBC uses many of HI’s unsavory business practices.
  5. HSBC has a contact form which (in my experience) works rarely. Even when it does work, HSBC doesn’t allow you to have a record of emails you have sent to them (except by cutting-and-pasting onto a MS Word document).
  6. HSBC disregards legal contracts. In my individual case, HSBC agreed to a written counteroffer I made to resolve our dispute, but then promptly disobeyed the terms of it.
  7. When you dispute a charge in writing, instead of actually investigating the complaint, HSBC will send a generic reply which shows no evidence that it actually investigated the item being disputed.
  8. HSBC will not investigate your account after you have complained to a credit-reporting agency. HSBC is legally obligated to take action and contact the customer. In my specific case, HSBC sent a generic reply refusing to take any action until I provided documentation (This was long after I had sent them lots of documentation already).
  9. HSBC (like many other banks) gambled and lost billions of dollars on subprime mortgages.
  10. Recent complaints have shown that HSBC has raised interest rates and lowered credit limits to a dollar amount dangerously close to a customer’s current balance. This practice may not be illegal (and other credit cards seem to be doing the same thing), but it increases the likelihood that HSBC will award itself over-the-limit fees which result from it.

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Hi idiotprogrammer , welcome to the forum :)

 

Thanks for your input on this - it just confirms that HSBC are global cretins , not just local bank ones ......... :D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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I wouldnt mind betting that they turn a blind eye to their statutory and moral responsibilities worldwide too :rolleyes:

 

a couple of quotes that might interest you from both sides of the coin :)

 

I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

 

"Owners of capital will stimulate the working class to buy more and more of expensive goods, houses and technology, pushing them to take more and more expensive credits, until their debt becomes unbearable. The unpaid debt will lead to bankruptcy of banks, which will have to be nationalized, and the State will have to take the road which will eventually lead to communism"

 

Karl Marx, Das Kapital, 1867

 

Karl didnt forsee the failure of the comunist system but was on the right lines too :rolleyes:

 

Pete

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That's interesting pete..... the same philosophy from two completely different social perspectives........ "bankers need to be watched , whether you're Communist or Capitalist "....... :cool:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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