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andrewdm

Taking HSBC to Court

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Since December I have been writing back and forth first to Metro the to DG asking for three things:

 

1.Validation of the ‘debt’ (the equitable accounting of the transaction)

2.Verification of your claim against me. (A sworn affidavit.)

3.A copy of the contract binding both parties.

 

 

 

 

They have not been able to provide me with that information. Keep sending me copies of my statements and finally last month sent a letter stating they no longer wish to carry on corresponding with me. They have threatened legal action and what not but won't sit down. I did use use a template letter from a guy named John Dempsey where if the couldn't prove it they owe me 5x the asking amount for me to pay. I sent them this letter recorded delivery about half dozen times with amount. They kept sending me till the gave up various letters as to why one issue couldn't be addressed.

 

 

 

My question is taking them to court one asking debt be discharged and can't figure out second.. thought it would be harassment as what they are doing is fraud.

 

 

Below is what was sent out a few times recorded delivery but never mentioned whenever it was sent this similar letter.

 

 

 

FAILURE TO TIMELY COMPLY WITH THE REQUEST FOR PROOF OF CLAIM, ENUMERATED HEREIN, CONSTITUTES DISHONOUR AND A TACIT ACKNOWLEDGMENT THAT YOU OR YOUR COMPANY ARE WITHOUT STANDING TO STATE A CLAIM RELATIVE TO THE INSTANT MATTER.

YOUR ORIGINAL PAPER REFERENCED ABOVE WILL THEN BE RETURNED, WITHOUT DISHONOR, FOR FAILURE TO STATE A CLAIM.

FURTHERMORE, YOU, DG SOLICITORS ACTING ON BEHALF OF HSBC AGREES TO PAY ME FIVE TIMES THE AMOUNT OF THE SUM YOU ARE REQUESTING FROM ME, AMOUNTING TO - £8690.85 -AS COMPENSATION FOR THE BOTHER ETC. I HAVE BEEN CAUSED.

 

 

Any advice would be great!

 

 

Andrew

 

 

Love mary Croft and her free book!

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Hiya andrewdm :) you need to quantify your own claim against the bank and start your own claim against them :).

 

pete

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I already know the amount to claim against them my main concern is besides discharging debt for compensation what is the claim against them that I tell the court. I am working on filing the papers only but hung on second part to claim against them. Is it just discharging debt and compensation? Next thing is when I go to court judge will want to know compensation for what? But this last question will write something down after starting court action proceedings.

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Hiya Andrew, in a county court claim situation all you can claim is the amount that the bank have unlawfully deducted from your account plus any interest that has been accrued against those charges.

 

In addition to that your allowed to add the cost of bringing the claim to court so you add your court fees to your figure and then finally your allowed to add 8% county courts act section 69 interest and that is what you should put on your claim form :).

 

If you win your claim then you are allowed to ask for your costs in producing the paperwork and minor expenses attending court etc but this all needs to be documented with receipts for printing, photocopying etc and you time will need to be recorded accuratly... also this will be at the discretion of your judge and even with a large claim your unlikely to get more than £150 to £200

 

pete

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You're right pete , the last I heard the maximum that judges were allowing for time costs (for preparation of case etc) was £9.50 per hour .......


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.

 

 

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