Help please....

[excel1]

Hi,

 

wonder if someone can answer a few questions please.

 

I had two cases where hsbc took me to court, one in July 08 and another in Oct 08.

 

Spoke to Northampton today and both are stayed, first one from last year and Oct 1 from May this year, what are likely to happen to these now?

 

Will they sell the debt on as a simple cca request seems to have stumped them?

 

And can someone tell me the difference between a witness statement and a defence?

 

Many thanks

[Michael Browne]

 

Spoke to Northampton today and both are stayed, first one from last year and Oct 1 from May this year, what are likely to happen to these now? Nothing until the conclusion of the OFT test case

 

Will they sell the debt on as a simple cca request seems to have stumped them? Quite possibly, if they do just quote the claim no and tell them to return it to HSBC

 

And can someone tell me the difference between a witness statement and a defence?

 

In simple terms the Defence is the legal arguement

A witness statement should tell a party’s story, set out in chronological order.

Witness statements are not really meant to contain legal arguments.

[excel1]

Thanks, is there a test case for credit cards or is that the bank charges test case.

[excel1]

Also d o you sign a defence?

[Michael Browne]

Stay and test case only applies to bank charges. Are these credit cards?

[excel1]

credit card and overdraft....

[Michael Browne]

The credit card claim should not be stayed, but Northampton often mistake these for bank charge claims. You could try ringing N'hampton, but they may require you to make an N244 application to lift the stay

[excel1]

sorry ive not been very clear the hsbc took me to court over credit card debt, i made a cpr request for information they never provided anything and nothing happened after that

[Michael Browne]

sorry ive not been very clear the hsbc took me to court over credit card debt, i made a cpr request for information they never provided anything and nothing happened after that

That still doesn't explain why it's been stayed

[sleepingdog]

Hi all , if after sending back the court papers defending all of the debt and the claimant does not follow on with case within 28 days then I think that the court stay the case leaving the claimant in a position where they have to submit claim before judge to proceed with case. This has happened many times to me where either the claimant is unable to provide agreement or have taken one look at my defence and got cold feet. They can restart the proceedings at any time in the future if say agreement is found, could be a good time to try for a strike out.

sleepingdog