HSBC and G&G solicitors admit no CCA but continue with court action

[Jaxontm]

Hi!

 

This is my first post on here and I'm looking for a bit of advice. I have been though the long route seen often on here of 'if you claim I owe you the money, show me the agreement@. HSBC have written to me admitting that they do not have the agreement but have issued county court proceeding against me. I have submitteb the defence as follows:-

 

1. I XXXXXXX of XXXXXX am the Defendant in this action and make the following

statement as my defence to the claim made by HSBC Bank Plc.

2. The Defendant is embarrassed in pleading to the Particulars of

Claim as it stands at present, inter alia: -

3. The Claimants' particulars of claims disclose no legal cause of

action and they are embarrassing to the Defendant as the

Claimant's statement of case is insufficiently particularised and

does not comply or even attempt to comply with CPR part 16. In

this regard I wish to draw the courts attention to the following

matters

a) The Particulars of Claim are vague and insufficient and do not

disclose an adequate statement of facts relating to or proceeding

the alleged cause of action. No particulars are offered in

relation to the nature of the written agreement referred to the

method the Claimant calculated any outstanding sums due, or any

other matters necessary to substantiate the Claimant's claim.

 

b) A copy of the purported written agreement that the Claimant

cites in the Particulars of Claim, and which appears to form the

basis upon which these proceedings have been brought, has not been

served attached to the claim form.

c) A copy of any evidence of both the scope and nature of any

default, and proof of any amount outstanding on the alleged

accounts, has not been served attached to the claim form.

4. On receipt of the claim form the Defendant sent a request for a

copy of the agreement which forms the basis of this claim, this

was sent special delivery and signed for by a Mr/Ms Whittle at

08:16 on the 20th July 2010. The acting solicitors have not seen

fit to respond to that letter.

5. Consequently, I deny all allegations on the particulars of

claim and put the claimant to strict proof thereof.

6. The Claimant pleads that that this claim concerns an agreement

regulated by the Consumer Credit Act, 1974. However, the Claimant

claims interest pursuant to section 69 of the County Courts Act,

1984 which the Claimant should surely know they are not entitled

to by virtue of the County Courts (Interest on Judgment Debts)

Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section

2(3)(a), which clearly prohibits such an award:

 

The general rule.

 

2(3) Interest shall not be payable under this Order where the

relevant judgment - (a) is given in proceedings to recover money

due under an agreement regulated by the Consumer Credit Act 1974

7. I respectfully request the court’s permission to submit an

amended defence should the Claimant file fully particularised

Particulars of Claim.

Statement of Truth

I XXXXXXX, believe the above statement to be true

and factual

Signed

Date 4th August 2010

 

I then wrote to the solicitors stating the above. They have replied basically saying that they don't need the agreement and if I do not sign the enclosed 'Letter of Consent' (that will never happen) to withdraw my defense they will continue to apply for summary judgement.

 

My understanding is that without any formn of signed agreement , they are just trying it on.

 

I would however be very appriciative of any advice on how to go from here.

Edited September 2, 2010 by ScarletPimpernel
Remove identifying personal information

[postggj]

This is pathetic#

 

without a signed cca, they have no case

 

when did you get the claim for

did you do a cpr 31.14 request

 

sign nothing to do with the sols

[IdaInFife]

moved to legal issues

[Old Cogger]

post up minus personal details what you have received????? DG try to manipulate.

[Jaxontm]

[Jaxontm]

Thsese are the relevent ones.

[Old Cogger]

Unable to read them, try upload onto tinypictures site or similiar, but judging by what looks to me usual threatograms, but we would need to verify by reading them, probably/ We May, /or Can /or Will letters, but no CCA they cannot enforce, others will be along I am sure to help as well o.k.> do not speak to them on the phone, if you do do not admit anything as they are liars at the end of the day, even told me I had a CCJ when I hadn!t, a chap called Udall beware, just everthing in writing.

[Old Cogger]

Your above statement, You have not had a county court summons have you? or another HSBC thinking they are the law of the land?? bit confusing.? you have posted up just letters from DG.

[Jaxontm]

It is DG who have issued a County Court Claim form even though they admit they have neither signed agreement nor a copy of the default.

[Old Cogger]

can you upload county court paper work minus personal details, Northampton no doubt, others can then comment and advise you???

Edited September 3, 2010 by Old Cogger

[AirCanada]

subbing!

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.