HSBC - bank charges - court papers received

[citizenB]

Mike, do you have all the information you require in order to prepare a defence ? If not, have a read of the following threads which advises how to go about getting it from the solicitors.

 

I see you have sent SAR and CCA requests..

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/255329-cpr-18-cpr-31-a.html

 

HTH

[MikeBigg]

Thanks CitizenB.

 

I don't have all the information require, and am a little unsure where to start, so those threads, I hope will be very useful.

 

I have a couple of questions now:

 

1) The account is a joint account, with the lovely Mrs Bigg - court papers were issued to both of us. I responded to my letter and didn't get Mrs Bigg to respond to hers. (It seems silly to both be submitting a defence).

 

So, judgement has been awarded in the absence of any response.

 

Can this be overturned, set aside, etc.?

 

2) We're going away for a couple of weeks - as people do at this time of year. Can the procedings be made to account for this? If so, how do I do it?

 

Thanks,

 

Mike

[johnnymitch]

Hi Mike

 

Why not ring the court office , explain what happened with the joint defence ....... ask for advice on how to proceed .....

 

You can also ask about deferring proceedings to a later date if you are not going to be around .... provided you can prove you arranged to go away before the court date kicked in , I 'd say you should be fine ......

 

Then just confirm any telephone agreement in writing to tie things up ......

[citizenB]

Oh shoot, yes you should have responded to both claims. You both jointly and severally liable which is why HSBC has issued claims against both of you.

 

I would think that you could probably get the judgement set aside. But as JM says, speak to the court and explain that you were confused.

 

I will try and get some more advice on this for you.

[citizenB]

In respect of your question re holidays etc, when you get to the Allocation Questionairre stage.. when it is transferred to a local court.. you will have the opportunity to say if there are dates that you will be unable to attend court. You must however, stick to dates for filing defences etc.. otherwise, as you have discovered, you will get a judgement by default against you as well.

[citizenB]

You might want to have a read of the following thread. Another CAger has had 2 x claims issued on a joint account.

 

Post 101 in the link below has some information regarding the issuing of 2 claims .. might be useful

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/233665-help-about-claim-received-12.html

 

HTH

[MikeBigg]

Thanks for the suggestions - it is appreciated, though I feel completely out of my depth with it all, even after I have read other threads - its hard to know which bits are relevant to my situation. Sigh.

 

For what its worth, we're working hard at changing our circumstances - I've recently started a new job with a significant increase in salary and Mrs B was offered a job yesterday which will make a difference, too. We're downsizing the car, selling stuff we don't need etc., and feel somewhat under control, but still with an uphill climb.

 

Regards,

 

Mike

Edited July 27, 2010 by MikeBigg

[citizenB]

Hello Mike,

 

steven4064 answered the question I asked on your behalf as follows:

 

 

She can cerftainly apply for a set aside - see PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT - Ministry of Justice

 

HTH