HSBC Loan PPI

[moose73]

CCA 1974 is like 220 pages on its own

[dx100uk]

you mean the sar?

 

dx

[freakyleaky]

CCA 1974 is like 220 pages on its own

As far as I know you have to have all of the documents you state you wish to rely on. If you are only relying on a section of that document then you have to highlight the section referered to.

I will double check but I remember printing out my CB and had to send out for extra paper, extra ink and loads of coffee!!

I thought it was 300 ish pages but could have been more. I'll dig out my old thread from the dungeons!!

 

EDIT:- Have a read of this in the meantime Basic Court Bundle

Edited March 2, 2011 by freakyleaky

[moose73]

received this today from HSBC. They think there is a mediator involved and they are speaking to her next week, yet the mediation service emailed me last month to say HSBC hadn't responded and it would go to court.

 

Also they are threatening me with their costs, can they do this? I thought the whole point of small claims is that you are not liable for the other partys costs?

 

We refer to your letter of 21 February 2011. We strongly advise you either take

legal advice or refer the issue of limitation to the appointed court mediator. (We

have now left a message to speak with the mediator next Monday to let her know

the Bank's position on your case).

 

Section 32 Limitation Act 1980 does not apply to your cause of action and you are

mistaken to believe it does. You do not appear (as far as we are aware) to claim

the bank has de-frauded you or that there is any mistake of fact or law involved

in the loan agreement that was reached.

 

What you appear to say is that you were told certain things about the insurance

policy that you opted to take with your loan; that these representations were

incorrect but nevertheless you relied on them and entered into the agreement.

This is a case of mis-representation. If a party proves a mis-representation

occurred, he is entitled to rescind his contract or the court awards damages. (A

mis-representation claim is usually a negligence/tort claim).

 

Section 2 of the Limitation Act 1980 states that a cause of action in negligence

starts to run from the date you allege you suffered loss, which on your case

would be when you started paying the optional payment protection policy that

you allege you were wrongly sold. As you started paying for the policy and repaid

it in full over 6 years ago you are now time barred from bringing the claim.

 

Your claim is bound to fail and we invite you to agree. We will make this clear to

the mediator when we speak with her next week. If you fail to agree, we will

proceed to apply to the court to have your claim struck out. When we do so we

will seek an order that you pay our legal costs incurred in bringing the application

which would have not been necessary had you accepted the point. You are therefore

at risk if you continue to pursue this claim and we will make this clear to the mediator.

 

If you wish to discuss the claim further directly with us, please call xxxx.

[dx100uk]

well they are talking garbage on the limitation act

 

its sec 32c 'when you became aware'

 

and they certainly cannot claim that you were aware the PPI was mis-sold when it was first sold to you - else .....erm....you wouldn't of taken it out!

 

muppets!!

 

dx

[dx100uk]

write back and advise them they are wrong.

 

simple!

 

just trying to frighten you off going to court

or to take a LOWER offer than what you ARE entitled to before the hearing

 

call their bluff

 

http://www.legislation.gov.uk/ukpga/1980/58/section/32 1 c

 

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.

[moose73]

can someone explain this in CCA 1974 section 9:

 

(4) For the purposes of this Act, an item entering into the total charge for credit shall not be treated as credit even though time is allowed for its payment.

[citizenB]

I would also contact the mediator to see if what HSBC says is correct.

[moose73]

I would also contact the mediator to see if what HSBC says is correct.

 

this is what I had from the mediator:

 

Unfortunately the defendant has not responded to the offer of mediation, the case will continue to the court hearing.

Please ensure you follow all directions given by the court.

As mediation is voluntary this will not affect the outcome of the case in anyway.

Mediation Support Officer

[moose73]

Had a letter from the court setting the date in July for the hearing. Also asks for 300 hearing fee:jaw: (I had forgot about this)

[citizenB]

Ouch.. yes, as the Claimant, you have to pay the fees. However, you will get them back when you win

[moose73]

Might have a problem now, I am just finishing of the court bundle, and went to get my employement contract for that period which would show sick pay and life insurance etc, and I don't have it in my file for that year (it was from 1999)

 

is this going to be a problem?

[moose73]

Witness statements sent.

[citizenB]

Might have a problem now, I am just finishing of the court bundle, and went to get my employement contract for that period which would show sick pay and life insurance etc, and I don't have it in my file for that year (it was from 1999)

 

is this going to be a problem?

 

Have you mentioned it in your Witness statement or disclosure list ?

[moose73]

Only that I had sick pay and death in service benefit. The issues were not just that I didn't need it, but also that I was told I had to have it, and it wasn't explained properly etc.

[moose73]

What happens if HSBC don't send me their witness statment & court bundle?

 

(The court directs say it has to be copoed to all parties before the deadline.)

[moose73]

witness statement deadline was 4pm today and didn't receive anything from HSBC, so they have not complied with the courts directions. I will check with the court tomorow to see if they received anything. What now? can I apply to the court for any action? or will they throw out the defence? what happens?

[rebel11]

Check with the court and comeback to us, I think after checking it might be a case of Striking Out their Defence, but wait for confirmation from others.

[moose73]

Spoke to the court and they havn't submitted a witness statement or supporting documents to be relied on in court as per the judges orders. I asked what to do now, and the court said to write in to the court.

So I have asked for thier defence to be striked out due to them not following directions. (not just this one either).

 

See what happens now....

[moose73]

I Really do need some good advice on this now:

 

I have today received from hSBC their witness statement and an application from them to have my claim struck out due to limitations act. This has been sent AFTER the courts deadline of the 15th for having the witness statements in. I bet this is a result of them receiving mine which I sent them on 14th.

They have dated theirs 1st march, and the application form the 15th, yet the post mark on the evelope is 16th! and the courts direct say all parties have to receive this before 4pm 15th march.

 

they have also asked for thier costs in the application.

 

 

what is going on?

Edited March 17, 2011 by moose73

[dx100uk]

posts 105 + 106

 

as long as you have made this clear

 

let them conitinue to frighten you.

thats all it is

 

dx

[caro]

What a load of rubbish. Unfortunately the court will probably accept the bundle even though it's late, but I suggest that you keep a note of things like this to show their behaviour. Keep the envelope too.

 

How much are you claiming?

[moose73]

Just over £3k

[caro]

Then they can take a running jump if they think that they can claim costs. It's well under the limit for a small claim.

 

Does it include interest?

 

If you can afford it the book by Patricia Pearl on Small Claims is very useful and IMO well worth investing in.

[moose73]

Yep at 8%