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HSBC want me to withdraw Defence


frettful38
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I have never denied owing HSBC any debt neither have I ignored any correspondence or letters from them. I truly believe that they have treated me grossly unfairly and I think that I should write back to them saying that under the unfair relationship act HSBC tick every blooming box!!!!!!!!!!!

 

Well according to HSBC they say that even if I sign the consent form they still will obtain a judgment against me, and apply for interest and costs????? so I can't see what the difference is by signing it?

 

This must be one of the craziest offers I have ever seen, any comments please from anyone?

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I have been reading the Letter of Consent that DG Solicitors have sent me, again and again and they say that if I agree and sign they will NOT apply for summary judgment against and their additional costs will not be added to the debt

 

THEN THEY SAY THAT IF I AGREE AND SIGN

 

The court WILL enter judgment against me for the sum of xxxx plus the costs plus interest (I do not know what sum of interest is in total to be added to debt, therefore how can I agree to something I am not certain of) as stated on the claim form.

 

At the bottom it says I offer to pay the judgment (but I have not received a judgment yet)

So, they want me to withdraw my defence, sign and agree to pay costs, interest and the total sum I owe of the debt..........and after I have done that they still want to take me to court. Am I missing something here or are they doing me a favor by giving me an opportunity to admit defeat and save me losing?

 

I am sure all this will happen if this goes to court and I lose,

 

 

Edited by frettful38
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Hello frettful

 

I have not read that defence you sent me as yet.

 

Is the claim stayed then?

 

As you know, I have posted on this site and another consumer forum site with my arguments (contentions) regarding defective default notices and repudiation of contract by the creditor (any creditor).

 

Based on everything stated by you on the other thread regarding this matter and on the other site (LB), my advice is, pursue with your defence. (Please bear in mind though, I have not yet read your defence, but I do hope that you presented some if not all of the arguments put forward by me (and others)).

 

The Judgement is the claim amount and if you sign that consent order, Judgement will be awarded in favour of the claimant forthwith, also, you would find it extremely difficult if not impossible to change your mind and set about making any app for a set aside.

 

Pursue this matter with your pleaded defence.

 

Again, please tell me, is the claim stayed?

 

Kind Regards

 

The Mould

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Hi Mould, well I have not heard anything from the court or HSBC, I rang the court last month and they said that HSBC had until the 27 Dec 10 to respond with how they wanted to proceed.

 

This letter I received today is the first I heard of a stay in place, because they say that if I do respond to the consent by the 14 Jan 2011 they will apply to lift the stay. I will ring the court tomorrow and ask but I gather it is stayed

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Hi Mould, well I have not heard anything from the court or HSBC, I rang the court last month and they said that HSBC had until the 27 Dec 10 to respond with how they wanted to proceed.

 

This letter I received today is the first I heard of a stay in place, because they say that if I do respond to the consent by the 14 Jan 2011 they will apply to lift the stay. I will ring the court tomorrow and ask but I gather it is stayed

 

Yes, if the claimant did not respond within the 28 day period the claim is stayed. Double check with the court for peace of mind.

 

When (and if) he makes an app to lift the stay, you must ensure that you file your witness statement opposing his app (file a copy of it to court and serve a copy upon the claimant, this must be done within 7 days of the (or any) Hearing date.

 

Kind Regards

 

The Mould

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Sounds like he is going to make an app for Summary Judgment, he must be of the opinion that your defence is unrealistic/fanciful and has no real prospect of succeeding.

 

Did you contend with those arguments that were stated on your thread?

 

Kind Regards

 

The Mould

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As The Mould has pointed out the consent order means that

 

a) They will not seek an application to lift the stay and pursue a summary judgement against you

b) They will however ask the court to enter judgement against you and you will receive a CCJ for just the amount on the claim form

 

Ok, now this is on two seperate threads its difficult to see the defence and other goings on but I wont merge the two :-)

 

Main link is http://www.consumeractiongroup.co.uk/forum/showthread.php?282187-DG-Solicitors-issued-NI-Form-on-Faulty-DN

 

As to the costs threat, this is small claims and unless they can show you have been unreasonable to the judge normally costs are not an issue.

 

I'll have a read of your defence and post more if I can help.

 

S.

Edited by the_shadow

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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I cant see any details of the defence on the other thread so its difficult to see if you have an issue for trial or not

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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HSBC Draft Copy Defence 2.rtf

Sounds like he is going to make an app for Summary Judgment, he must be of the opinion that your defence is unrealistic/fanciful and has no real prospect of succeeding.

 

Did you contend with those arguments that were stated on your thread?

 

Kind Regards

 

The Mould

 

Thank you The Mould and shadow. This means that if I do not sign the consent form they will apply for summary judgment.......but their letter states that if I do not respond by the 14 Jan 2011 they will apply to lift the stay and request that the matter is transferred to my local court for hearing.

 

I have denied owing the debt or looked for ways to get out of paying. My arguments and concerns are the way the I have been treated by HSBC and how they have dealt with me when I was in genuine financial difficulty. I have attached a copy of my defence which is quite long but true word for word of what has happened from beginning to end. If anyone can offer some advice I would be grateful

Edited by frettful38
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Good morning frettful

 

It seems to me that your defence is centred upon the conduct of the claimant.

 

SO STICK WITH THIS DEFENCE!

 

I would like to ask a favour of you frettful, if you do not mind that is.

 

This is the favour:

 

Telephone the Solicitors this morning and state that you would like to discuss the consent order request with them.

 

State to the Solicitors that you respectfully request that they advise their client that your response to the said consent order is........

 

"Inform your client that he can stick his consent order where the sun does'nt shine and that is right up his nose, apply to lift the stay, make my day because, I am going to have my day in court. Your client wilfully failed in his duty to determine of what type of debtor am I, he refused to draw the line of distinction, I have never denied the debt, I have never refused to pay, on the contrary, I made repeated attempts to settle my debt with your client by way of my many offers to repay at a reduced rate for a short period of time, until I was able to resume with normal monthly payments. Your client was furnished with the facts of my mental ill health and instead of conducting himself in a fair and reasonable manner in being willing to provide assistance to me, his customer, as he [is] obligated to do, he came down upon me like a ship load of bricks causing needless and unneccessary high and constant levels of stress and anxiety, he acted hastily and ended the contract when there were other options available to him, nothing that I have done can ever be construed as an indication that I had abandond the contract or that I was only going to perform in a manner inconsistent with my obligations and in no other way until the contract had come to its natural end with all sums owing paid in full."

 

Maybe I shall add a little more to this frettful, going to post it up now and read it back to myself.

 

Kind Regards

 

The Mould

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You are talking about the actions/conduct of the bank and can it be accepted that such action/conduct is/was equitable or inequitable.

 

Justice exists, the courts cannot give Justice, they can only give money, because the courts do not hold the power of water in the palms of their hands.

 

The bank is at fault, the bank is responsible for the cause of action complained of, therefore, no Justice can be given.

 

Kind Regards

 

The Mould

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Thanks TM, maybe in my letter I should refer HSBC to the Lending Code and all the guidelines that they have ignored

 

You should of made reference to those codes of practice/guidelines etc, etc in your defence frettful.

 

Simply state in your letter of response to the Solicitors, that your resolute position in this matter is for it to be heard and concluded in court, therefore, shove the consent order. No point in going on about the bank's obligations under the Regulator(s) codes etc, save it for the courtroom now.

 

Kind Regards

 

The Mould

 

PS. I did receive your pm, I responded to it, but unfortunately my response did not reach you because your pm box is full, good luck with the case.

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Ok, I've had a brief look at the defence, sorry I havent had time to read it all....

 

From what I've read this is more a Witness statement than a defence. It contains plenty of observations and emotion.

 

The claim before you is a monetary claim, you dont dispute you owe it, just the way that you have been dealt with by HSBC, therefore direct breaches of codes and citing the CPUTR should have been used in the defence imho and quite a bit of the background info taken out or stripped down. (Just my observations tho and others may think different)

 

There might be room for negotiation on the consent order... and it might look better for you if you do attempt at negotiation prior to court, perhaps suggest to them that you will agree a consent order so long as they DO NOT gain judgement against you, so no CCJ, they still get their money and it goes away? Thoughts anyone?

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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