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HSBC Court Claim received - they got SJ - trying for setaside


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Hi All

 

After 16 months of letter writing and still no CCA (because I wont give my signature) D&G Solicitors have issued me with a Northampton Court summons this morning.

 

My legs have given in on me and I'm not sure what to do next.

 

Please could someone offer me some guidance?

 

Thankyou

 

Vicky

xxxx

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Hi

 

Are you able to post the documents - with personal info hidden or at least type up the POC.

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Thanks for replying

 

POC states-

 

Is for the balance outstanding under a credit card agreement dated 15/09/04 regulated by the consumer credit act 1974.

The defendant has failed to make payment of the arrears of installments as required by the Statutory Default Notice served by the claimant on 6/7/9

 

Thanks

 

Vicky

xxxx

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I take it you WILL be submitting a defence, if my memory serves me correct (does it ever?) then once you submit a defence this will give you a further 28 days, you can also get the case moved to a court closer to you.

 

How was the summons issued?

You have all of the correspondence between you and them, just get everything in order, all their replies to your requests, their refusal to oblige due to a lack of signature, which will be their downfall (:pray:)

 

You'll be fine, others better versed in court proceedings will be able to give you much better advice.

:grouphug:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks Bazooka Boo

 

It arrived in the post this morning. I presume they will just bring my CCA to court on the day? Is that normal procedure?

Can I offer a defence by saying I haven't received my CCA request?

I was irresponsible and got myself in to a mess with the card. Surely a judge will see straight through me?

 

Vicky

xxxx

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Hi

 

Is it for the FULL balance outstanding? Important!

 

You will need to send a CPR request to their solicitors, I will find it for you - this means that they must legally send the documents they are relying on.

 

I assume HSBC are the original creditor and the debt has not been sold? also that you are happy to defend this?

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Hi All

 

After 16 months of letter writing and still no CCA (because I wont give my signature) D&G Solicitors have issued me with a Northampton Court summons this morning.

 

My legs have given in on me and I'm not sure what to do next.

 

Please could someone offer me some guidance?

 

Thankyou

 

Vicky

xxxx

 

Hi Honeypot

 

Dont let them worry you - sounds like you have a good case as they have failed to comply.

 

You will need to send them a CPR 31 which compels them to comply - or at least it should but will help your case even more if they don't.

 

Give me few mins to find the template i was given and i will upload it for you.

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They must send you the credit agreement if they are depending on it via the CPR request.

 

Don't worry, you are not the only person to get into difficulties with credit cards! The court are aware of the abuse and misselling by banks which is worse than anything you have ever done!

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Hi

 

here is the CPR you need to send to the solicitors that issued the proceedings - send it recorded delivery.

 

Also you need to send acknowledgement to the court if you intend to defend this.

 

1. Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of[each of the following documents

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the default notice

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

Edited by dadofholly
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Thanks coledog & dadofholy for helping.

 

I cant understand why they just didnt send the CCA 16 months ago!

 

Am I likely to loose my home in court as its a massive amount owed on the card?

 

Vicky

xxxx

 

No agreement = no case.

 

If they can not produce the agreement they have no case.

 

Has the debt been sold do you know - or are the solicitors acting for the original creditor?

Have you got any PPI or other insurances taken out with the card?

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Thanks dadofholly

 

I am stuck as what to do. I know I racked the debt up but wouldnt a judge just throw the towel at me for defending on the basis of not receiving my CCA as I wont offer them a sample signature?

 

I'm worried they will see me as trying it on to avoid the debt etc

 

Vicky

xxxx

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Debt has not been sold just D&G Solicitors acting for HSBC. No PPI I'm afraid.

 

requested CCA back in April 2009.

 

They said they cant send it until I produce a sample signature to verify my identity.

I refused as it's not a legal requirement.

I then put the account in dispute.

 

They sent me a DN in July 2009.

No termination letter though.

 

Loads of letters saying pay up etc. That's it until today when summons was issued.

 

Surely a large bank would not take me to court if they didnt have all the correct paperwork.

Thats what I cant understand.

Maybe they just wait until court and then produce it?

 

I can deal with DCA's to an extent but court reduces me to a pathetic mess.

 

Vicky

xxxx

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Thanks dadofholly

 

I am stuck as what to do. I know I racked the debt up but wouldnt a judge just throw the towel at me for defending on the basis of not receiving my CCA as I wont offer them a sample signature?

 

I'm worried they will see me as trying it on to avoid the debt etc

 

Vicky

xxxx

 

Vicky - even if they win the case - and that is very doubtfull with what you tell us, the court would only ever make you pay what you can afford - nothing more. This is an unsecured debt.

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The judge is only interested in the legallties not making a moral judgement. In fact it is risky for creditors to take you to court as the court is there to protect your rights. They only take court proceedings on the chance that people will not defend them! Also if found in their favour, the court will not allow them to demand payment which is more than you can afford.

 

I am editing the CPR for you a bit and will re-post - you don't have to sign that also.

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Debt has not been sold just D&G Solicitors acting for HSBC. No PPI I'm afraid.

Basically requested CCA back in April 2009. They said they cant send it until I produce a sample signature to verify my identity. I refused as it's not a legal requirement. I then put the account in dispute. They sent me a DN in July 2009. No termination letter though. Loads of letters saying pay up etc. That's it until today when summons was issued.

Surely a large bank would not take me to court if they didnt have all the correct paperwork. Thats what I cant understand. Maybe they just wait until court and then produce it?

I can deal with DCA's to an extent but court reduces me to a pathetic mess.

 

Vicky

xxxx

 

You DO NOT have to send a signature - the advice is not to - For all you know they could copy it onto an agreement?

 

Send the CPR request in the post above - they are then compelled to send you the documents they are going to rely on in court - that includes the CCA - thats the law.

 

If they dont supply the CCA they can not enforce it - dont worry - just send the CPR by recorded delivery. - i bet they don't have the agreement - why not send it to you?

 

They can not just turn up with it on the day.

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The judge is only interested in the legallties not making a moral judgement. In fact it is risky for creditors to take you to court as the court is there to protect your rights. They only take court proceedings on the chance that people will not defend them! Also if found in their favour, the court will not allow them to demand payment which is more than you can afford.

 

I am editing the CPR for you a bit and will re-post - you don't have to sign that also.

 

 

Hello there you old dog you - i've taken a bit out of the CPR that i dont think needed - but please have another look through for us.

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Thanks! That is fine now.

 

Honeypot - they are not asking for a charge on your home and cannot do that until they obtain a CCJ and you don't pay what the court agrees. You have a good defence against this anyway.

 

You will need to acknowledge the claim - online and say you are defending it. Then send off the CPR.

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Thanks! That is fine now.

You will need to acknowledge the claim - online and say you are defending it. Then send off the CPR.

 

Take this advice Vicky - you are in good hands here. All of these guys have been through this - and some like me are going through it now and learning all the time.

 

Trust the guys here - do as they say - and don't worry

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Coledog & Dadofholly thank you so much for helping me and reassuring me. My kids have been asking why I have been crying but now I feel stronger.

 

Vicky

xxxx

 

Oh and don't let the b*=%$"ds grind you down.

 

You have a better case than them. and even with a CCJ the courts would never make you pay what you can not afford.

 

make sure you come here at every stage for advice and support from all here.

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Just relax, difficult I know. Monday, get the letter off and the claim acknowledged.

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Thread moved to Legal Issues.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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