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    • Yes I take on board that is legally feasible but this is a small claim track claim and would rather over complicate matters when the claim can easily be defended on the facts provided. Also that ship has sailed and permission would be required to submit a Part 20 and add a party to the claim now given that acknowledgment and defence has been submitted and claim allocated and a statement is due by this Monday.    Assignee claims are easily defended because they simply lack the knowledge of disputed debts and what the original creditor has provided in following the correct legal process to enable a valid claim by an assignee.   In this case...as far as I'm aware no Pre Action Protocol followed no Default Notice ever served, breaches of the Consumer Rights Act 2015 as a service was never provided by the dissolved company.   I cant see any court awarding judgment for debt given the facts above.   Best to keep it simple mantis.   Andy
    • Hello, welcome to CAG. I'm going to move your thread to our main Benefits forum and leave you a link to follow.   Have you tried one of the benefits checkers online? turn2us is a good one.   Turn2us Benefits Calculator BENEFITS-CALCULATOR-2.TURN2US.ORG.UK Use the Turn2us Benefits Calculator to find out which welfare benefits you may be entitled to.   Best, HB  
    • @mantis shrimp  -  Apart from not being sure about sending a letter at all(!) I think I agree about omitting the PS.   The problem is that I don't understand quite what happened there.  (I readily admit to a lot of difficulty in following much of what simeon tells us... ).  I'm not sure if the other side's solicitor sent their client's bill to simeon by mistake, or whether the solicitor sent a mock-up to simeon to demonstrate the level of costs mounting up in an attempt to intimidate him into withdrawing the case.   I think FTMDave might have a better understanding of exactly what happened there than I do...    =========================================================================   @FTMDave  -  I quite like the letter!  🙂  But I don't know if it's a good idea to send it!!!   😲   Personally I'd be inclined to leave it and let the case run its natural course.  I don't know if it would be appropriate to send such a letter or not.  I wouldn't want simeon to overstep the mark or do anything to make his position in this case any worse than it already might be.  In particular I would not want the other side to have any grounds to complain to the judge (although perhaps simeon has grounds to complain to the judge?.)   Also, I'd always understood that you could only complain to the SRA about a solicitor if you were his client.  But I'm pretty certain that I've read somewhere that 1.2 and 1.4 of the Code of Conduct require a solicitor to act fairly towards their clients and the court, AND "others", which I assume in this case would include simeon.  But whether that is 100% correct or not I simply don't know, and I don't know if it would be "improper" to complain to the SRA in the middle of a case or not.  I suppose simeon could threaten to do so after the case has been decided.  I just don't know what course would be best for simeon and I wouldn't want him led off in the wrong direction.   So I'm in two minds about sending a letter at all.  I'd be happier for someone with more knowledge and experience of court procedure and the conduct of trials than I have to say whether it is a good idea or not.   The other problem I have (and I'm not sure how to put this without risking hurting simeon's feelings - but I'm saying it in his best interests) I've looked back at some of simeon's previous threads and there would appear to be a recurring theme of aborted court claims and miscommunication with legal advisors (eg a direct access barrister he engaged) that might be re-appearing in this case.   I appreciate that English is not simeons' first language and that he has been seriously ill recently, but I'm a bit concerned that he does seem to get the wrong end of the stick a lot and I'm a bit worried that all we really know about this case has been filtered through him.   Apologies to simeon for saying so, but without having first-hand knowledge of all aspects of this case, I just hope he's not digging himself deeper into a hole...  (And I am saying that in his best interests).   Anyway, I'll be keen to see what the defence aginst the counterclaim is.
    • You haven't included anything that reassures TfL that you've been paying your fares since you were caught, like buying a season ticket, etc.   I don't personally like 'I will accept a penalty fee that TFL deems appropriate.' because TfL are the ones in charge here and this sounds as if you're telling them what to do. I prefer what I suggested about asking if they will allow you, etc... but see what others think.   HB
    • Hi guys, I am appreciate the help, thanks very much.    I have just received the witness statement from BW.           BW Witness Statement.pdf
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HSBC Overdraft


andypoth
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Hi all,

 

I have another thread running regarding some loans that HSBC haven't produced the CCAs for yet. I stopped making repayments in September last year, having moved all of my current account stuff to Lloyds so they couldn't use the right of offset. This left an overdraft balance of around £450.

 

Predicatably, after a couple of months of no activity on the account they wrote to me demanding repayment. I was a bit annoyed because they sent the letter during the snowy period, so I didn't receive it until after some woman phoned me demanding immediate repayment!

 

After stalling for a bit, making complaints, etc. I sent them a CCA request in June and got this response back today:

 

Thank you for your recent letter dated 1 July 2010 which we received on 7 July 2010 concerning your request for copies of the signed credit agreement under section 78(77) of the Consumer Credit Act 1974. (The letter of 1/7/10 was a default notice I sent them due to non-compliance).

 

My understanding of your complaint is that you are disputing the balance on the account ending 8073 and feel the Bank has breached this Act by not sending the documentation requested within the required timescale.

 

Firstly, section 78 (77) of the Consumer Credit Act 1974 ("The Act") does not apply to current accounts. The current account is not regulated agreement because it provides no credit; section 78 (77) does not apply to the current account agreement. The overdraft agreement provides the credit and this sits seperately from the current account agreement.(Splitting hairs much? It was quite clear what I asked for!)

 

Secondly, credit agreements normally have to comply with Part V of the Act. Part V covers the form and contents of agreements, the signing of agreements and the duty to supply copies of the agreement as part of the process of making an agreement. Part V requires that the agreements be signed by both parties to the agreement and uses the concept of "unexecuted" and "executed" agreements to describe agreements before and after signature by both parties (the meaning of "executed agreement" is also explained in section 189 of the Act). (Thank you for the legal lecture. Which textbook did you cut and paste this from?)

 

However, by section 74(1)(b) of the Act current account overdrafts are given a specific exemption from the Part V formality requirements (this exemption only applies when the OFT grant a Determination under 74(3) and this was given for overdrafts on 21 December 1989, which means that overdraft agreements are not required to be signed by either party to the agreement and are not subject to being described as "unexecuted" or "executed" agreements under the Act.

 

Section 78(77) of the Act requires a creditor to provide a copy of the executed agreement, if any. For the reasons described above, there is no executed overdraft agreement and consequently no duty under section 78(77) to provide a copy of one.

 

Due to a Final Demand being issued on your account dated 7 June 2010, this required that the full balance was repaid within a given eighteen day timescale. As this was not adhered to the account was closed and sent to MCS on 7/7/2010.

 

We do not withhold action on accounts that are operating outside the agreed terms and conditions. As your account is being administered by MCS, you will need to contact them directly in relation applied to your credit report.

 

As stated in the Final Demand letter, should your account be passed to a Collections Agency, we will pass details of the default to Credit Reference Agencies (but, is MCS a Collections Agency as it is part of HSBC?)

 

--Bit about referral to FOS --

 

With respect to your comments regarding the Data Protection Act, you have my assurance that HSBC complies with all aspsects of the Act and this compliance is regularly monitored. Of course, you may wish challenge this in law, however, you should be aware that the Bank would vigorously defend its position and remains confident of a positive outcome. (This was the standard bit asking them to cease processing my data or contest this with reason within 21 days, otherwise said processing would be unlawful. They haven't complied with this, have they?)

 

Letter then concludes with usual stuff about who to write to next, etc.

 

So, where do I go next? I haven't yet taken any action under the DPA - maybe a complaint to the ICO about this and the other accounts that are clearly continuing to process my data despite my consent being withdrawn and this not being challenged by them. I suppose I might as well progress my complaint about the way the overdraft was removed etc. to the next level so I can refer to the FOS later. Any other advice though?

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