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Sirensinger

What to do next re unenforceable debt??

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Hi all, just wondering if anyone knows what I should be doing next - had a trial a while back re an HSBC debt where they've admitted there's no CCA - I had originally claimed charges back, and they finally knocked these off just before the trial, where my case against them and theirs against me were consolidated. However, by that time I was fighting on the grouns of unenforceability.

 

The DG spokesperson asked the Court to accept that 'because HSBC wouldn't have lent such a large sum of money without having a signed CCA, there must have been one'. She pointed out that 'there is nothing that says a Creditor must produce this in Court, only that they must have it - and on the balance of probabilities, it's more than whatever-percentage likely that they did, because of the statements and the fact that Ms xxxxx doesn't deny having had the use of the money'.

 

Well, I never thought of that one!! The Judge said he couldn't give a decision at that point, but would give it in a month. He wasn't a particularly amenable person, cast doubt on the letter I'd had from the OFT which stated that they couldn't enforce, and I'm not confident that he'll come down on my side. I can't afford an appeal, because I've already been landed with £2,200 of costs I can't afford to pay if I lose! If I lost at appeal it would be a disaster! Can anyone suggest anything I could try with HSBC betwen now and the decision? I thought about offering a much-reduced sum on condition they drop the rest, but I'm afraid that'll just give them the impression I'm nearly beaten anyway, and also serve as an acceptance of the debt. Don't quite know where to go...... and am furious at the idea they might beat me just because I can't afford to go further.

 

Does anyone know if there are documents that do say the Agreement has to be produced? If I thought I could win an appeal I'd go for it, but I can't afford legal representation and although I'm good at written argument, I'm crap in Court!

 

Any thoughts?

 

Thanx!!

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