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This is a case for a credit card taken out 8 years ago. Ive been dealing with it for a few months but havent posted because Ive felt confortable with it to be honest and due to other cases I don't want praying eyes on what I was doing.

 

Just to give a brief insight as to what has happened.

 

  • Late 2008 I asked for a copy of the CCA, never got it.
  • early 2009 sent a SAR to HSBC and never got the CCA or a DN
  • A few months ago got a very vague POC with no CCA or DN attached.
  • Wrote CPR letter asking for info, never got a reply
  • Filed an embrassed defence due to vague POC and no DN or CCA
  • Letter from court to say claimant has 28 days or case will be stayed.

Thats where I'm upto as the case is stayed. What would be the best way to try and get this thrown out as they haven't got any paperwork at all?

 

Thanks

Pipster

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If the claim is stayed then the claimant will need to apply to the court to re-instate it and will need to have some good reasons for doing so, otherwise the claim is effectively dead in the water.

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If it is HSBC, then they have a track record of only responding to a defence when they want to. In my case, they waited for 10 months and then went for an order lifting the stay and asking for a SJ all in one. The court allowed the stay without any questions but did draw the line at the SJ as HSBC did not produce the CCA or DN.

 

You could always apply for a strike out of the claim but prodding HSBC like that means you run the risk that they will wake up and pull their digit from wherever it is. Perhaps you might want to wait until you have any other matters sorted before taking HSBC on.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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