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    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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HSBC reply to my request of charges


powerplaymachine
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12 January 2010

 

REF *************

 

We are writing to further your complaint relating to bank charges.

 

As you will be aware, issues relating the the level, fairness or lawfulness of these charges have been subject of legal proceedings between us (with several other banks) and the Office of Fair Trading which started on the 27th July 2007.

 

These legal proceedings have now ended, with the Supreme Court confirming that the bank charges are not capable of amounting to penalties at common law and that the level of them cannot be assessed for fairness under the Unfair Terms in Consumer Contract Regulations.

 

In summary we believe that the disputed charges were properly charged and the outcome of the legal proceedings confirms our position. We are therefore not upholding your complaint and we will not be refunding your bank charges.

 

If you believe we have failed to address all the issues raised in your complaint, you may escalate your concerns by contacting us and setting out the details so that we can consider this further. All correspondents should be addressed to, The senior Manager, Service Quality team, HSBC bank plc, Arlington business centre, Leeds. LS11 0PP. Alternatively you can email us at [email protected] or call us on 08457404404.

 

We should point out however, that we do not believe there is any legal basis on which the amount of the charges can be challenged. If we do not hear from you within 8 weeks of the date of this letter we will consider your complaint closed.

 

I note that you requested that HSBC does not pursue any potential enforcement action as regards the debt presently due on your account by reason that this debt consists of bank charges which you are disputing. Following the decision by the Supreme Court on 25 Nov 2009 HSBC believes that the charges have been correctly applied and therefore is entitled to pursue recovery of the outstanding debt

 

your sincerely

 

Chris Mathews Service Manager

 

 

END

So how can I kick there ass? A lot of "WE BELIEVE" in there eh, who cares what you believe! Screw you HSBC!

Please advise

 

Luke

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:D well done !

 

Follow the timetable I gave you luke ..

don't let them dictate the pace ..

:)

Edited by johnnymitch

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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Can they demmand I pay the overdraft back up front because I'm fighting for my charges ?

 

They might, but they can't get blood out of a stone.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi johny. I sent my letter before action off yesterday to hsbc. So in two weeks I need to start a claim in court, no idea how to do that to be honest. Also, I have been charged 884 by hsbc and a further 100 since I started on this forum, so can I add that to the claim even tho it's not in my first and second letter? Also can I add interest? Again I didn't ask for it back because I don't know what the interest is

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Hi PPM,

First thing to do is to list the charges you want to reclaim using one of the following spreadsheets ... that will automatically work out the 8% Statutory Interest which only becomes relevant when you submit your claim to court .You can add any charges which have accrued since you sent your LBA ... and also add your court fee (if applicable) .

Bank Accounts :

England - Simple - Excel

England - Simple - Works

England - Simple - OpenOffice

England - Advanced - Excel

England - Advanced - Works

Or – for the brave – Interest on Interest ...... by bankfodder

 

http://www.consumeractiongroup.co.uk/forum/general/201984-why-let-your-bank.html

 

Explanation of Advanced spreadsheet calculations(courtesy of pete castlebest

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/180009-about-sar-hsbc.html#post1996894[/font]

 

 

I would advise waiting for new Particulars of Claim to be announced on here before going the whole court route , but at least you can be ready to roll once these are available.....

 

There are two methods of going the court route .... you can lodge a claim on- line at:

 

Her Majesty's Courts Service - Home

 

or you can get a Form N1 from your local county court .... and run it from there .....

 

Personally I prefer (and I think the site advice on here is ) to use the N1 Route as there is much more room to fully explain your case than there is on -line (they restrict you to about 400 words I think . )

 

 

The choice is yours of course PPM ... just come back and ask if you need more help ..... it's no use me giving you the old N1 form-filling instructions until a new set of POCs is available .... :)

Edited by johnnymitch
Tidying up font markings....

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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btw ....... that spreadsheet updates itself daily , so you don't have to recalulate at any time...... :)

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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Open office will do just as well - and it's free ! Just google Open Office and take it from there ..... :)

 

 

Oops ! looks like I 'm too late ......you've got it ! :grin:

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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Hi Johnny,

 

Im looking at the forums and it seems a few people are using new particulars in there claims - Have I missed the boat? I'm not as cleverr as the people on this forum but I do need to get this money the bank owe me (1300)

 

Just curious as to where the new particulars will be posted?

 

Thanks a million

 

Luke

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Hi luke , :)

 

Don't worry , there's no way you're too late .... you haven't missed the boat - we're all still waiting for new POCs .... when available they'll be posted on the site here , probably under the Templates Library section as usual ...... but hopefully there will be a 'sticky' telling you when they're there ..

You're still operating on your timetable not theirs ... by waiting for the right info to allow you to proceed .. :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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  • 2 weeks later...
  • 3 weeks later...

Hiya both, I posted this earlier to Zorro and it should answer your questions :)

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/248024-court-extended-stay-until.html

 

Just buy yourselves as much time as possible for the time being while the legal minds sort out what we should and shouldnt say :)

 

pete

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  • 4 weeks later...

Hiya Luke :) I belive we are moving slowly forward, there is a case at the moment in the Scotish courts thats looking very promising, see here

 

http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/248268-sheriff-puts-bank-scotland.html

 

I know things seem to be moving slowly, I wish I could move forward myself, but we have to be as sure of our ground as possible. If the banks loose all or a good proportion of the first claims to get back into court then I think we could see a return to the free for all we had before the test case was started and in fact I think the banks would then be forced to review their whole policy and correct the situation of their own accord.

 

Lets face it the only thing we dislike more and trust less than a politician is a banker :).

 

pete

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