Little old me V HSBC - Claim form now received

[johnnymitch]

Hi bilious

 

The CCA should be through in a couple of days, (because they have 12 +2 days to comply) ...... so why not wait till that arrives ..... if there is anything iffy in there , then the account is in dispute and they can't chase you for it ...... although they'll try ......

 

Meanwhile ,if you don't want telephone harassment , write and tell them so ....... log any calls after you've warned them and report them to OFCOM ......... send something like this :

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only. This protects us both in the event of a court case.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

And of course , send it 'Recorded Delivery' , so you can prove rthey got it !

[johnnymitch]

Also I would complain to the Ombudsman SD ......... Banks have a 'duty of care ' under the Banking Code ' under which they have to show that they've properly assessed and assisted you to solve your debt problem ..in this case they obviously haven't done so.........

 

our complaints procedure and how to complain

[johnnymitch]

Hi lord tiger putin

 

It maybe that you are not aware that Metro are HSBCs In-house DCA they don't work for anyone else , like DG Solicitors , they're the heavy mob ......use HSBCs database etc ...

 

Just thought that might help .............

[johnnymitch]

Hee hee .....sounds to me like DG Sols are moonlighting .....

 

as for DG , I'd send them a copy of the UR letter you sent HSBC and tell them it's a matter which is 'In Dispute' at the moment ....... awaiting a reply from HSBC .....

 

You could be cheeky and invite their comments/advice on where to go from here.. (given their waffle on the above link ........ )

[johnnymitch]

I would say so LTP ..... because it clouds the issue of precisely how much you owe them.... or they owe you ?

[johnnymitch]

Technically ,that is correct , if PPI refund is upheld .........

 

They could argue of course , that , because PPI had not been challenged at the time the DN was issued (or was it ?) ....... that they were correct at the time ..... however, I think it could probably be withdrawn retrospectively ...

[johnnymitch]

Have a look on the PPI forum on here bilious , there are a lot of knowledgeable people on there who will give you good advice ....... first on whether you have a claim for mis-selling and second , how to go about reclaiming it ........

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/

 

It also puts your account in further dispute , so you shouldn't be chased for a debt ... but you will be ... 'cos they're like that .... and they get away with flaunting the DCA rules .....

 

But if you hold out against them , they usually back off a bit ......

[johnnymitch]

Hi LTP

 

Make sure you change "Country Court" ......to " County Court " (para 10) .......

[johnnymitch]

Hmmm i did think that? So what's my next move? Send off the letters on the previous page?

 

They're sending these letters out to everybody it seems bilious .... like confetti ...... full of "we mays" & " it coulds" ............. just huffing and puffing ....... however , if you send a CPR letter (as per #115) , IMHO you're calling their bluff and saying .... if you think you've got evidence .... you have to show it to me ...... or it won't stand up in court ..

 

Bet they back off for a bit ........

[johnnymitch]

Bilious , did you send them the CPR letter I referred you to in #125, recommended by LTP in #115 ?

 

That will put them on the spot and should stop their huffing and puffing about court .........

 

I think you should do that before you go to FOS , because then you will have exhausted all avenues as they prefer you to do ... before lodging a complaint with them .....

[johnnymitch]

Thanks chaps! Will be sending the letter today, been a bereavement in the family so not been concentrating properly, will send that letter today johny, thanks to you all for your advice will keep you posted...

 

That's fine bilious , sorry to hear about your bereavement ...... I know it knocks you for six for a while ....I had one recently too ..

 

Just re-read that letter and it's dated the 12th august and i got this late 21st august so i was pretty much stuffed on the 24hrs notice anyway...

 

They do that on purpose I reckon , so they can say to a court that you didn't respond ......... but if they know you know about CPRs and that they've got to come up with the real thing... IMHO ... they'll not go to court anyway

[johnnymitch]

Very good letter LTP , puts them firmly on the spot

 

I've done a proof-read for you and changed a small bit here and there ........... hope you find this OK

 

I will also keep a copy of this for future use to help others if you're OK with that ?

 

" *Re: - Compliance with the Practice Direction (PD) on Pre-action Conduct*

 

You will be aware that since the introduction of the General Practice Direction (PD) on Pre-action Conduct introduced in April 2009, compliance with the general pre-action protocol is now compulsory, even in cases which will be most likely be allocated to the small claims track.

 

This allows the court to take into account the conduct of parties at all stages of litigation before the start of any court case. In every case where the matter is likely to be ‘In Dispute’ (as in this instance), the court will expect the parties to have exchanged information before starting a court case and to have given the other party a chance to settle the claim. If this is not done the offending party may be asked for an explanation and ordered to pay costs. Furthermore, the court may also suspend a court case until steps which ought to have been taken, are taken.

 

In your letter, dated xx/xx/20xx you threaten that you will take legal action should I fail to comply with your demands. As a direct result of this threat been made by you I made a request to you under the Civil Procedure Rule (CPR 31.1) on xx/xx/20xx regarding this account, requesting that you provide me with the information detailed in that letter. To date, you have failed to comply with my request and therefore you are in breach of the General Practice Direction (PD) on Pre-action Conduct.

 

I now herewith renew my request. Should you fail again to comply with this request, I will have to conclude that you refuse to comply with the General Practice Direction (PD) on Pre-action Conduct and I will bring this lack of compliance to the courts attention, should this matter actually proceed to trial.

 

Furthermore, on the xx/xx/20xx, I informed you that this account is ‘In Dispute’ as a result of [include your reasons], but you have again failed to respond. I re-iterate that fact and am looking forward to your response in the near future.

 

Yours sincerely "