HSBC solicitors northampton claim -help pls

[angel_1]

hiya docman

 

im been snowed today with helping my friend with her repossession and so i have to ring the court tomorrow

 

but the advice on this thread is i dont hear for about a couple of months then to do my strike out - but thanks for the info i appreciate it

 

will update you all tomorrow

 

laters angel x

[angel_1]

hello guys

 

this has been left on the back burner so to speak, having found all my paperwork today, missed the court to call them on what the latest is on this

 

mind you since i sent them the letter that i would like to see them in court, ive not heard a dicky bird, and not had any info from the court or from my local court or any allocation questionaire or anything

 

thus having found the letter from the court from last sept when they rec my embarrassed defence

 

it states " a copy of my defence will be served on the claimant, or the claimants sols, they may contact you to resolve the issues, if dispute is not settled informally the claimant will inform the court wishes to proceed, the court will inform you of what will happen.

 

Where he wishes to proceed the claimant must contact the court within 28 days after receiving a copy of your defence, after that period has elapsed the claim will be stayed, the only action the claimant can then taek will be to apply to a judge for an order lifting the stay""

 

thus my gut feeling is that they missed the 28 days as they only wrote to me toward end of oct 09

 

i will ring the court i think time out for me to do something once i def know its been stayed - i def not received anything from anyone since oct 09 - i find this eerie now

 

hope my gut feeling is right and hope i can get this annulled in some way now

 

will let you all know tomorrow any info tonite will be welcome thanks cheers angel x

[AndyOrch]

Claims can be stayed indef Angel, I have dealt with claims stayed for 17 mnths plus unless either you or the Claimant make application to SO or Proceed the Claim remains in the system.

 

Regards

 

Andy

Edited March 4, 2010 by Andyorch

[angel_1]

hello everyone and thanks for your input too Andy

 

i have just rang the court and the claim is stayed but their sols did try to get summary judgement in early october 2009 but as i had sent in my defence albeit a embarrased defence the claim was stayed - this is what the court at northampton told me

 

i advised but the solicitors has written to me middle of october 2009 advising me that they wanted me to admit to the claim and they would then get a ccj and i would have to pay costs - to which i wrote to them advising i would not sign their paperwork on what had been produced so far and was still waiting on an enforceable fully exectued agreement.

 

Right so what do i do now, i was in the process of returning a form they wish me to complete with my signature for the sars information as i thought that may be useful to me at this point -

 

1. should i continue with that today? and also give my signature since they have it on the cca they produced to me.

 

2. do i sit this out? or wait for the sars info to arrive and then do something legal to my advantage?

 

as always i await your kind comments everyone i appreciate your input.

 

laters angel x:cool:

[Docman]

angel

 

As andyorch says, the claim can be stayed for a long time. In my case, I waited for 10 months before HSBC moved. They went for an SJ but because I hadn't admitted the debt but insisted on seeing a signed CCA, the SJ application was refused. The judge was annoyed but they were allowed to amend their claim and told to produce the CCA. When they sent in an Amended POC referring to a numbered credit card account but also admitting they could not find the CCA, the judge struck out their claim. Game over.

 

Don't admit anything unless they produce the CCA. And don't bother with a SAR. It is the agreement that is crucial to HSBC's claim and if they don't produce one, then their claim will fail, especially if the agreement started before April 2007.

[slick132]

Hi Angel,

 

Your Q about donation has been passed on and we'll come back to asap on this.

 

Who have you sent the SAR to and why haven't they responded - are they insisting on a signature.

 

Unless you need the sars info to reclaim charges, forget it IMHO.

 

[angel_1]

hiya andy, docman and slick

 

huge thanks for looking in

 

1. well i thought it would be useful for us to have the sars as im now thinking that when i originally requested the cca via the 1.00 request way way back, i did get something, but i queried it at the time as was not legible and clear, however, now looking at the cca they sent in reply to my cpr request it looks different - so first thing will carefully compare and if need to will scan what i have had on both occasions and we can compare correctly, that will clear my niggle for tonight.

 

2. understand the option i face to go for a strike out once we have established point 1 and this is done via a form and a fee? (as now unemployed guess time to do it is pretty soon?)

 

3. can i request to view the original copy of what they have sent me or could that be in my interest or not to request and just go for the strike out on its own?

 

anyway thanks for your points and will get back to you all in the morning nite nite

and thanks slick i await info on the donation it is the very least i can do and then i will organise a monthly donation - its just something ive promised myself i will do to repay a little towards the huge help and assistance ive had and being given constantly.

 

cheers to all laters angel x:)

[vint1954]

2. understand the option i face to go for a strike out once we have established point 1 and this is done via a form and a fee? (as now unemployed guess time to do it is pretty soon?)

 

Hi Angel,

 

If you are in receipt of JSA, they should waive the fee. You will need a letter from DWP confirming your benefit.

[angel_1]

Hi Angel,

 

If you are in receipt of JSA, they should waive the fee. You will need a letter from DWP confirming your benefit.

 

 

hiya vint thanks for looking in, thought that would be it cheers for that

 

am coming back later re other stuff i mentioned in earlier post

 

have fun in the meantime

 

angel x

[AA99]

Hi Angel:) Subbing

[angel_1]

hiya AA99 - u are very welcome

long time no see hope you are doing okay

 

back as got really plenty of time on my hands now so this is my work now lol

 

mind you can have as many coffees as i want heheeh

 

catch up later off to the post office

 

angel x

[angel_1]

hiya guys

 

a bit of an update

 

nothing yet received from sols or anyone else ref this -

 

am still without job but on contribution based jsa and i have been told its not the same as income based jsa, thus have had to pay for my eye test, glasses, prescriptions etc ,

 

however have my 13 week interview will bring this up as a final clarification if i can get the fee waived

 

otherwise guess will find the money to do what i have to do for the strikeout,

 

just weighing up what is really best to do, do i finish this off with a strike out as i feel its in limbo and thus waiting on statute barred but that s a few more years,

 

my credit file is horrendous thus no need to fight the dn entry, just a bit confussed whether me applying for the strike out would it not get them to persue me even more to a court case?

 

sorry not been too well and thus im slowly getting my thoughts clearer

 

cheers for looking in catch up laters angel x

[Docman]

Hi angel

 

Good to hear from you but I'm sorry to hear you haven't been too well.

 

Well, HSBC don't go away I afraid. They just sit back until they wake from their slumbers and then carry on in their own sweet way. I suspect because they are arrogant enough to believe that as a large global bank they are above the law.

 

I suggest you wait to you feel OK and have your benefits sorted out and then apply for a strike out. But be aware, you could awaken the sleeping giant in that HSBC will probably object at the last moment.

 

As to the cost of an application (up to £75), you may still get full remission of the court fee if your income is to low. I think the limit is a gross income (before tax) below £250 per week if you have no kids and up to £475 per week if you have 4 kids.

[debtsurvivor]

Hi angel

 

seems as if you have some good advice here I hope that you continue to get better

 

best wishes

 

ds

[angel_1]

Thank you Docman and ds

 

this is my where im at, i will regather my thoughts over this one, i would rather leave alone for a while longer or defend if im forced to - but just wanted to put the feelers out for what is best to do at this stage

 

have a sunny day kind regards angel x:)

[vint1954]

Hi Angel

 

I would be inclined to send them a CPR 31.15 request, to physically inspect the document, when they contact you again. Give them 5 days to reply, then concider an application to produce the document or strike out.

 

Is your DN satisfactory?

[angel_1]

hiya vint

 

lovely to hear from you too like docman and ds who have speedily responded this week huge thanks

 

i will look at what ive had as the dn, but i asked for that in myprev cpr request if i recall and i only ever got the cca and no copy of the dn thus i will look at my info and get back to you

 

i was also thinking of pursuing my sars at this stage as they had responded requesting i send them a signature before they could supply the sars info and i feel i could do with that at this present time to help in other ways perhaps,

 

good idea on the inspect the document i had not even thought of that element that i could

 

will upate you by tomorrow for sure have a fun weekend laters angel x:-)

[lexis200]

Hey angel:)

 

Just wanted to say hello, and hope you're feeling much better now?...

 

Keep on keeping on,

 

Lexis xx

[angel_1]

hiya all

 

again my apologies, ive got a lot better now since earlier in the year, ive still not had any letters from anyone regarding this and like others have advised i think i will stick it out till i do and then put in a request 31.15 if i get to that point - i feel i need to fight my other fresh claim from link financial for the moment,

 

however a little question, since there has been a court summons, if say hsbc do not do anything could this be statute barred eventually or wont it work in this way because of the court claim?

 

cheers and im back with a vengeance lol

 

keep happy angel x

[AndyOrch]

If it was not SB when litigation commenced then no the claim as frozen the clock.

 

Andy

[angel_1]

Thank you Andy, thus in a way its a bit of a stalemate until either they or i do something im guessing now?

 

cheers angel x

[AndyOrch]

How long as the stay been in place Angel ? if ts over 6mths you could consider lifting the stay and calling the claimants bluff or make application to strike out on the grounds that the claim is now stagnant.

 

 

Andy

[angel_1]

hello everyone and thanks for your input too Andy

 

i have just rang the court and the claim is stayed but their sols did try to get summary judgement in early october 2009 but as i had sent in my defence albeit a embarrased defence the claim was stayed - this is what the court at northampton told me

 

i advised but the solicitors has written to me middle of october 2009 advising me that they wanted me to admit to the claim and they would then get a ccj and i would have to pay costs - to which i wrote to them advising i would not sign their paperwork on what had been produced so far and was still waiting on an enforceable fully exectued agreement.

 

Right so what do i do now, i was in the process of returning a form they wish me to complete with my signature for the sars information as i thought that may be useful to me at this point -

 

1. should i continue with that today? and also give my signature since they have it on the cca they produced to me.

 

2. do i sit this out? or wait for the sars info to arrive and then do something legal to my advantage?

 

as always i await your kind comments everyone i appreciate your input.

 

laters angel x:cool:

 

hiya andy

 

looking back and copying for ease for you but had also a reply from docman on number 80 and my reply post 82 may be of further info to you, this is where im at basically way back last year oct 2009 i sent my letter off telling them that i was still waiting on a fully enforceable executed agreement and would not sign their paperwork and im still waiting,

 

hence my position still today so a year on,

 

thanks again for your advice cheers to docman and slick too and others who have also popped in with words of encouragement

 

truely appreciated angel x

[angel_1]

hello everyone who has taken a huge interest in this thread of mine

 

happy easter and wishing you all a peaceful rest of the year

 

well, im so much better, i have been away a long time and only just recently found the strenght to relook at stuff again im sorry for my absence and ive missed the site and you lovely people so much

 

well having read back on this thread now and seeing when all this happened i was thinking of doing a strike out last week as id not heard for such a long time but my gosh this week ive had a letter with regards to me agreeing to a Tomlin Order and headed as ' without prejudice save to costs'

and thus asking for family income and expenses and client prepared to accept an offer of payment etc

 

will be back in about 20 mins just taking dd to town cheers angel ---Am Back...

 

They also advised that should i intend to continue with my defence or if i dont reply by end of next week they will apply to seek an order to strike out my defence and request to enter judgement for the full amount plus the additional costs forthwith and once judgement obtained take action against my assets to get payment. They add that this clarifies their clients position and await my responce by the date given.

 

Thus my questions -

 

1. Yes reflecting back i should have already gone for a strike out myself before now since so much time elapsed but what are my options now?

 

2. Still no other information from them only what i have previously received and which you all have said its an application form not a proper cca. Therefore are they enticing me into the tomlin order to end this case and get something positive?

 

3. Do I reply today with my again request for the cca as per my cpr request and to what date do i allow them to give me that info the same date as theirs or the day before, there are not too many days now left.

 

4 Or do i just go for a strike out request myself today ? or have they stopped me doing that now since they sent this letter?

 

5. since it didnt arrive signed for just by normal mail, can i ignore it for today or am i causing myself more harm in doing so ?

 

6. My gut feeling is i need to do something but im not sure what is the best thing now, can i stop the court action by them or is too late now and is the strike out request my only option to stop the action now or have i any alternatives?

 

Thank you if you can let me know your thoughts i would be really grateful and im back on a regular daily input from now on

 

catch up later cheers angel x

Edited April 5, 2012 by angel_1

[citizenB]

I think we need to send message to andyorch to look in on you for his advice.

 

However, they will need to apply to the court to have the stay lifted and I think they will need to offer a reason for having left it so long.

 

JMHO