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Sued by HSBC without a CCA?

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I am making this request on behalf of myself and another Cagger whose case is very similar but slightly more advanced than mine in time line. Because the other case is so advanced, it will be easy for the other parties involved to identify the Cagger and so I am not posting the original documents that the other Cagger has sent to me.

The gist of the request is for information/evidence to contradict the witness statements of HSBC employees. The following is an outline of the progress of both our cases:

1. Credit card disputed and account passed to Metropolitan Credit Services ( HSBC in-house DCA)

2. Debt passed to DG Solicitors (HSBC in-house lawyers)

3. N1 claim form issued through Northampton, no CCA or DN attached.

4. DG doesn’t respond to requests for docs. ‘Embarrassed’/holding defence filed.

5. No response from DG and matter is stayed by court

6. Several months later DG responds and asks court to lift stay and ask for Summary Judgment. No CCA or DN supplied.

In my case, the SJ was refused and the court struck out the claim. However DGs have since indicated to me that they will make a further application to the court. In the other Cagger’s case, HSBC have submitted witness statements from various operations staff to state what would have been the case several years ago from their examination of HSBC’s procedures. The witnesses are saying in their statements

I make this statement from my current knowledge and having reviewed the sales procedures that would have been followed at the time.” [Having already admitted not being employed by the bank at the time and never having worked in a branch].

One statement continues

application brochures …contained amongst other documents, a printed set of full terms and conditions of the credit agreement as well as an application form… with the prescribed terms printed on the back.”

The bank admits that this is still an application form requiring approval AFTER the customer has left the branch. The credit card is then sent out, it is alleged with “a set of the terms and conditions of the customer’s credit agreement

Now comes the interesting bit from this operations guru who didn’t work at the bank

“The bank’s standard practice is to retain copies of all signed credit agreements.” However, the bank has been unable to locate the agreement due to the way files have been archived.

The impression is that the bank has unfortunately misplaced the agreement in this case but normally they file everything properly. Strangely, the bank have also been unable to locate my agreement as well as a number of others judging by posts on other threads. I am prepared to state so in a witness statement and attend the court since I believe banks cannot be allowed to be economical with the truth [in that infamous phrase] when putting evidence before a court. However, one or two statements may not be enough and I would like to gather evidence from other HSBC customers where the bank has sued them but the bank has been unable to locate the credit agreement.

Would Caggers be able to confirm if they have been sued by HSBC without the bank producing a signed credit agreement?

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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