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Urgent Help Needed! - HSBC Filed Claim at Court What do i do??

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Hi,

 

Long story short - i was going through the claiming process with good advice from this forum but before i got to the court stage the bank court ruling came along. I then used advice from elsewhere to continue to try and claim through the ombudsman all letters to HSBC were copied to DG solicitors also. I have basically now got a letter from HSBC which declined my claim i then wrote back to them saying that i wasnt happy and for them to reconsider.

i have now got a letter declining my request AND court claim forms from Northampton Court with DG Solicitors named on them with me as the defendant.

 

I do not have a clue what to do but i only have this week to respond by.

 

Do i have to complete and return these forms and still carry on with going to the ombudsman ?

 

Does this mean i will have to go to court in Northampton?

 

Will this affect my credit score or anything else

 

Any help or advice would be greatly appreciated as i am worried about the court papers.

 

thanks in advance

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i have moved you thread to the legal forum

 

help should be arriving soon.

 

please read the stickys at the top of this forums homepage too

lots of good info there

 

dx

site team


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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could sombody help with advice on this issue please i need to know how to respond to the court papers i have received and also how i should continue. i only have a couple of days left to respond so any advice would be really helpful

 

Thanks in advance

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Hi,

just read through the Claim form and all the instructions again. the way i see it is this.

 

If i want to defend the case (which i do) i will need to send the acknowledge of service which then gives me 28 days to submit my defence. I can do this online at MCOL.

 

My only problem with this is that i do not know what i need to send them to defend the case. This is where i need loads of help and advice!!

 

Do i need to counter claim?

 

I originally was claiming but before it got to the court stage the decision was made in favour of the banks.

 

i then used advice from Martin Lewis to continue to cliam through the ombudsman. i had gotten a reply back from HSBC stating they were not going to change their decision. i was then going to write to the ombudsman but the court claim came the same day so i am not sure how to proceed

 

Please can somebody help!!

 

thanks

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Hi,

just read through the Claim form and all the instructions again. the way i see it is this.

 

If i want to defend the case (which i do) i will need to send the acknowledge of service which then gives me 28 days to submit my defence. I can do this online at MCOL.

 

My only problem with this is that i do not know what i need to send them to defend the case. This is where i need loads of help and advice!!

 

Do i need to counter claim?

 

I originally was claiming but before it got to the court stage the decision was made in favour of the banks.

 

i then used advice from Martin Lewis to continue to cliam through the ombudsman. i had gotten a reply back from HSBC stating they were not going to change their decision. i was then going to write to the ombudsman but the court claim came the same day so i am not sure how to proceed

 

Please can somebody help!!

 

thanks

 

 

Is there anyone out there that could help please??? i am runing out of time to know what i need to do!!

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Hi,

I'm not that good with court issues but I you should defend online. Don't worry about it being in Northampton. The case will be transferred to your local court.

 

If you could post up the Prticulars of Claim(POC)

 

If this account was taken out pre 2007, have a read of this thread:

http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED&highlight

 

If that link confuses you then have a look at this one:

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31-14-Confused-well-read-here


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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thanks silverfox i was begining to think there was nobody here!

 

I assume i will have to scan and attach the POC to post it up?? sorry fairly new to this.

 

 

the POC is claiming for bank charges which i was initially trying to claim for but before i got to court stage the OFT test case came along. i did have a thread in the HSBC forum about my reclaim.

 

 

I will try and post the POC Up now. I need someone that can guide me how to defend and whether or not to counter claim?

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Ok , hopefully i have done this correctly - and have attached the POC - i will check the other info you kindly gave me also

 

thanks in advance.

Edited by dominorally

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you need to remove the case number and rotate it too!

 

dx

site team


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Aw Rubbish!! Thanks Dx

 

Try this one.

 

I read through the links silverfox kindly showed me. Now they talk about agreements and seem as if they are geared towards like credit cards or loans etc - these sre for bank charges are they dealt with in the same way cos i didnt think i got an agreement as such which i signed.

Edited by dominorally

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pers i'd remove the password too and don't forget the 1st att in post8

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Ok so hopefully i have now posted the POC correctly .

 

Please can somebody give me some advice in how to proceed with the defence of this

 

I have to respond by friday at the latest so am getting a bit worried that i am doing the right thingPOC.pdf

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still looking for some help on how to get this N9B (CPC) defence started.

 

i know i would have to go online and send an acknowledgement of service but am worried that i miss anything and end up with judgement before i have even started

 

i have only got until friday to respond to the court and really have no clue what to do

 

thanks

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Now as HSBC are the original creditor my question would be that are DG Solicitors allowed to issue a claim? Or am I just clutching at straws here?

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still looking for some help on how to get this N9B (CPC) defence started.

 

i know i would have to go online and send an acknowledgement of service but am worried that i miss anything and end up with judgement before i have even started

 

i have only got until friday to respond to the court and really have no clue what to do

 

thanks

 

Mate,click on the triangle symbol on the left and a member of the site team should help you.


Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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*BUMP* OK One last try for ANYBODY that can give me some advice on how to defend this claim.

 

It is a HSBC Overdraft of unfair bank charges and i am unsure as to what i need to do

 

Do i use the same format and argument as if it were a credit card debt???

 

my deadline is today to file a response through MCOL and i do not know what to put as my defence

 

 

i really do need some help on this

 

 

Thanks

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Hi Dom I am no expert on bank charges and can understand you must be feeling quite anxious trying to get court papers sorted and submitted today. What I can say is that if you can prove that these charges took you over your credit limit and took you more in to dept and any evidence you can provide that you have/had done everything to negotiate with HSBC prior to them commencing legal action, they I believe that the court will look lightly on you.

 

That is just my opinion........you must show that and HSBC must show that they explored all avenues before issuing a claim and if you can prove that you did do all that you could and that you are still or were in dispute with HSBC trying to sort this heap of manure out then that has got to count for something in your favour.

 

Let me know what you think and hope you get through this smoothly.

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Hope this is of some help, maybe you could take something from below and add to your defence.

1. You're in financial hardship

Under both standard banking regulations and the Lending Code (an agreement that all major banks have signed up to) banks must treat you fairly and be considerate if you are in financial difficulty.

We have therefore used these criteria as well as guidance from the Ombudsman to try and give some ideas as to what would count as hardship:

 

  • Can’t pay for necessities. You’re struggling to meet basic necessities eg mortgage, council tax, food, utility bills
  • Can’t pay debts. You’re struggling to make loan and credit card repayments
  • Income eaten by charges. Your income’s being eaten up by repaying charges (eg you’re being asked to pay £50 of charges from a £100 weekly benefit income)
  • Payments regularly returned. Your payments regularly get returned unpaid as you’ve not enough money in your account
  • Substantial drop in income. For example, you’ve lost your job, started a lower paid job, needed to take parental or carers leave, your partner has died, you’ve separated from your partner, you’ve started full time education or you/your partner has been/gone to prison
  • Disability or illness. You’ve needed to increase spending on something due to a disability or serious illness
  • Going bankrupt or into debt management. You’re going bankrupt, getting an IVA or Debt Relief Order or are in a debt management plan
  • Continually living off credit. You’re living off credit and regularly need to increase your credit limit
  • Regular credit card cash withdrawals. You are using regular cash withdrawals from credit cards to make ends meet
  • Frequently over overdraft limit. You frequently go over your overdraft limit. In earlier incarnations of hardship rules this was explained as having more than £500 of charges a year – so that seems a good benchmark
  • Bank charges have hurt your situation. The charges have contributed to making your financial hardship situation materially worse

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Now as HSBC are the original creditor my question would be that are DG Solicitors allowed to issue a claim? Or am I just clutching at straws here?

 

 

Of course they are.

 

DG will be HSBC's solicitors and will be instructed to issue the claim for them.

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Can Anyone advise me on whether the info about how to defend credit card claims from the court are the same as the bank charges ??

 

there is alot of good advice here but it all seems to be about credit cards which shouild have an agreement . there was nothing like that in relation to this overdraft so i am unsure what direction to take.

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still looking for some help on how to get this N9B (CPC) defence started.

 

i know i would have to go online and send an acknowledgement of service but am worried that i miss anything and end up with judgement before i have even started

 

i have only got until friday to respond to the court and really have no clue what to do

 

thanks

 

Sorry, I am a little confused by the urgency.. When was this claim issued I see you started the thread on 5th September. You will see the "date of issue" under the Claim number on the claim form.

 

From date of issue to date of receipt there is 5 days

Then a further 14 days to acknowledge service

Then a further 14 days to submit a defence.

 

So if you are going to defend that is 33 days from date of issue.

 

So if you let us know when the date of issue was then we can probably see when exactly you do need to get a defence in by.

 

Your defence would need to establish an unfair relationship between you and the bank in respect of the charges.

 

Is your complaint still with the FOS ? You could put that in your defence as courts do like to see things like this settled outside the courtroom if they can. If the Bank knows this is with the FOS, then then might be acting vexatiously /unreasonably by not waiting for the FOS decision.

 

Anyway, if you can let us have the information requested then perhaps we can help.


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Hi CitizenB,

 

The claim was issued on 25th aug so i reckon that 5 days plus the 14 takes it to acknowledge service by the 12th Sept. is that right??

 

The problem has been that i was on holiday and this came while i was away. I was trying to find the info i needed in the threads but have got confused as to whether the info about defending credit cards etc applies to this overdraft .

 

i have until the 26th Sept to get my defence in by . is that correct??

 

When i respond then online at MCOL do i need to give a reason why i am disagreeing with their POC ? that is what i am worried about at the moment

 

Do i then send the CPR 31.14 ?

 

There was also a letter from HSBC when i came back off holiday to say i have 6 months to refer my complaint to the FOS - i was going to continue with that anyway but not sure if that will mean anything.

 

DG Sols have had copies of letters sent to HSBC also so they are aware of what i was intending to do ref the FOS.

 

My POC is posted in an earlier post and seems a little vague do you think??

 

i am assuming that DG sols who i know are HSBC in house sols can actually submit the claim?

 

Thanks

 

DR

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You will need to acknowledge service by tomorrow - 11th You can do it online. You will need to register with the new website, it is quite straightforward and instructions are easy to follow. Make sure you print off the receipt for your records.

 

Yep, you will have until the 26th September to put in your defence so you have a little time in hand, but you should get in a couple of days beforehand.

 

Do you have all the information you require in order to put in a defence ? statements etc ? If not then yes, you need to send a CPR31.14 request to DG Solicitors. I will find some links for you. I will just have a look at the POC again to see what you can ask for.

  • Confused 1

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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BTW, you dont have to go to Northampton :) Once you have entered your defence it will be transferred to your local court :)


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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