Jump to content


  • Tweets

  • Posts

    • sorry I have been confused by Statute Barred meaning. I thought with Statute Barred the debt cannot be chased 6 years after you have stopped paying.  Originally I set up a payment arrangement with all the companies around 2008 when things went horribly wrong. At that time the payment arrangement was with the original creditors.  I still have one of the original creditors who I pay each month (Cap1). I thought that if you make a payment arrangement you have to stick to that situation throughout. Also, MDR (Moorcroft) have been taking a monthly payment on behalf of M & S Bank for about 5 years. When I sent MDR a CCA request I got a copy of the original agreement sent to me directly by M & S Bank about 5 weeks after my CCA request. Sorry for my ignorance but would you suggest I stop paying all including Cap1 who are the original creditor? TIA
    • London1971 without divulging too much into his mental health he has issues regarding anything to do with government and so is it ok to fill the forms provided and what do I put on there  thanks  
    • Dear all, I am hoping for some advice/guidance on this matter. I received a LoC dated 12/04/24 and replied to this on the 2/05/24 disputing claim with the following reasons: 1: [Inadequate Affordability Assessment]: I contend that your institution failed to conduct a thorough assessment of my financial circumstances prior to approving the loan. As a result, the loan amount and repayment terms were not suitable for my income and financial situation. 2: [Unsustainable Repayments]: The repayment schedule imposed by the loan agreement placed an undue burden on my finances, making it impossible for me to meet my other financial obligations without experiencing significant hardship. 3: [Lack of Transparency]: Your institution did not adequately disclose the risks associated with the loan, including any potential increases in interest rates or fees over the loan term. I also added the following: Under the Consumer Credit Act 1974 and the Financial Conduct Authority (FCA) regulations, lenders have a legal obligation to conduct thorough affordability assessments and ensure that loan agreements are suitable for borrowers' circumstances. I hereby request that your institution: 1: Conduct a full investigation into my claim of irresponsible lending. 2: Provide me with copies of all documentation related to the loan application and approval process, including affordability assessments, credit checks, and correspondence. 3: Cease all collection activities related to the loan until this matter is resolved. Yesterday i received the attached reply via email and it included: 1: The Original Loan agreement 2: An account statement 3: A copy of a default notice letter. The email included a link for a direct debit set up page where you enter their reference and your bank account details (looks like a standard D/D set up page) but there is nothing to indicate the amount of the D/D that I might be agreeing to. I also think two days response time is not long enough to appropriately reply. Any thoughts appreciated   Email-compressed.pdf
    • Easy to set one up on Gov.uk , search on Google.
    • Hi London  he doesn’t have government gateway. Should we do it via post?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

HSBC d&G taking me to court with no CCA **Discontinued***


TWW
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4610 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Item 12 of their POC states.

The claimant requests that the court make an order that:

a The defence is struck out as it discloses no reasonable prospects of success

b Judgement be entered in favour of the claimant in the sum of £4xxx.xx.

 

This is the first hearing but I'm not sure if it's an application or the full hearing. How do I find out?

Link to post
Share on other sites

  • Replies 156
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

If the request is within the Claimants POC then its part of their claim, any request for SJ is usually within an application

and separate to proceedings and is usually made pre AQ.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

In your post 45 you state you have received an application, so I assume its an hearing to deal with the application.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Guys

 

As this is a small claims cas,e I think the hearing later this week is the full trial, not an SJ application. All that has happended so far is that HSBC have issued thier usual bland POCs and TWW has submitted a holding defence. HSBC have submitted a late witness statement exhibiting various documents and no doubt HSBC's lawyer will use whatever documents have been provided to spin an argument that will convince the judge. TWW needs to come up with an argument to rebut whatever HSBC come up with.

 

TWW, can you post up the witness statement and exhibits after taking out any personal identifiers?

 

Doc

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

Link to post
Share on other sites

Are we past Allocation Doc?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Link to post
Share on other sites

Can you scan the Application Notice TWW

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Ok TWW

 

The hearing will be a Preliminary hearing.The claimants AN is to request the stay be lifted and transfered.They have requested an application without hearing

and hence the reason that an hearing has come about at the DJs discretion (SCT).It is not an application for SJ.I assume you did not receive a Notice of Allocation

on completion of your AQs and also that you requested no to mediation.The Claimants state you will not correspond with them.Hence the need for the DJ to call the hearing to discover further direction.

 

Have you received a Notice of Hearing from the Court?

Preliminary hearing

 

27.6

 

(1) The court may hold a preliminary hearing for the consideration of the claim, but only –

(a) where –

(i) it considers that special directions, as defined in rule 27.4, are needed to ensure a fair hearing; and

 

(ii) it appears necessary for a party to attend at court to ensure that he understands what he must do to comply with the special directions; or

 

 

(b) to enable it to dispose of the claim on the basis that one or other of the parties has no real prospect of success at a final hearing; or

 

© to enable it to strike outa statement of case or part of a statement of case on the basis that the statement of case, or the part to be struck out, discloses no reasonable grounds for bringing or defending the claim.

 

 

(2) When considering whether or not to hold a preliminary hearing, the court must have regard to the desirability of limiting the expense to the parties of attending court.

 

(3) Where the court decides to hold a preliminary hearing, it will give the parties at least 14 days’ notice of the date of the hearing.

 

(4) The court may treat the preliminary hearing as the final hearing of the claim if all the parties agree.

 

(5) At or after the preliminary hearing the court will –

(a) fix the date of the final hearing (if it has not been fixed already) and give the parties at least 21 days’ notice of the date fixed unless the parties agree to accept less notice;

 

(b) inform them of the amount of time allowed for the final hearing; and

 

© give any appropriate directions.

 

 

 

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Ok the Notice of Allocation is the next stage within the procedure its basically to give clarity confirms the Track and contains directions set out by the DJ

ie dates, disclosure, Witness Statements, and of course the date of the trial..On completion of your AQs you never received it or it was never granted and the claim was stayed.

 

Have you received a Notice of Hearing with regards to their application?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

TWW

 

Can you post up a copy of the document that informed you of the hearing this week?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

Link to post
Share on other sites

Hi Docman.

 

Can't find the doc. I think it was on the Aq which like a fool I completed and sent back without taking a copy. I have spoken to the court to confirm date and time. Should I call them and ask what sort of hearing it is?

Link to post
Share on other sites

That depends on what the hearing this week is for. If, as Andy beleives, it is a hearing to see how to proceed, then you probably do not need to submit anything at this stage.

 

The Notice of Application filed by HSBC was (a) to lift the stay (b) transfer the case to your local county court and (c ) list the matter for a small claims hearing as soon as possible. None of these requests require a hearing and can be dealt with by the judge reading the papers, which is what HSBC have requested. Points (a) and (b) have been dealt with as the matter is now proceeding and AQs have been issued. The AQs have confirmed that the matter is one that is suitable for a small claims procedure and therefore a date has been set that meets point (c ) in the application.

 

All that is needed now is for the judge to hear both sides and then award judgment, which may what the hearing this week is all about. My concern is that the hearing is to to award judgment, since this is a small claims case, and is not one to determine what the next steps should be.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

Link to post
Share on other sites

Hi Docman.

 

Can't find the doc. I think it was on the Aq which like a fool I completed and sent back without taking a copy. I have spoken to the court to confirm date and time. Should I call them and ask what sort of hearing it is?

 

I think that would be a good idea.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

Link to post
Share on other sites

That depends on what the hearing this week is for. If, as Andy beleives, it is a hearing to see how to proceed, then you probably do not need to submit anything at this stage.

 

The Notice of Application filed by HSBC was (a) to lift the stay (b) transfer the case to your local county court and (c ) list the matter for a small claims hearing as soon as possible. None of these requests require a hearing and can be dealt with by the judge reading the papers, which is what HSBC have requested. Points (a) and (b) have been dealt with as the matter is now proceeding and AQs have been issued. The AQs have confirmed that the matter is one that is suitable for a small claims procedure and therefore a date has been set that meets point (c ) in the application.

 

All that is needed now is for the judge to hear both sides and then award judgment, which may what the hearing this week is all about. My concern is that the hearing is to to award judgment, since this is a small claims case, and is not one to determine what the next steps should be.

27.4

(1) After allocation the court will –

(a) give standard directions and fix a date for the final hearing;

 

(b) give special directions and fix a date for the final hearing;

 

© give special directions and direct that the court will consider what further directions are to be given no later than 28 days after the date the special directions were given;

 

(d) fix a date for a preliminary hearing under rule 27.6; or

 

(e) give notice that it proposes to deal with the claim without a hearing under rule 27.10 and invite the parties to notify the court by a specified date if they agree the proposal.

 

 

(2) The court will –

(a) give the parties at least 21 days’ notice of the date fixed for the final hearing, unless the parties agree to accept less notice; and

 

(b) inform them of the amount of time allowed for the final hearing.

 

 

(3) In this rule –

(a) ‘standard directions’ means –

(i) a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing; and

 

(ii) any other standard directions set out in Practice Direction 27; and

 

 

(b) ‘special directions’ means directions given in addition to or instead of the standard directions.

 

 

Experts

 

27.5

 

No expert may give evidence, whether written or oral, at a hearing without the permission of the court.

(Rule 27.14(3)(d) provides for the payment of an expert’s fees)

 

 

 

 

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I cant personally see how it can be the main hearing for some of the reasons I have outlined above.

Have you been given notice of the hearing if so as it allowed 21 days notice? ( see PD27.4 (2a)above)

Why was there no Notice of Allocation and why was it stayed on completion of AQ,s? Did the Claimant fail to file theirs on time?

Why did the Claimant amend their statement of claim? Did you request this?

Why have they submitted a WS with their Application Notice? (see PD 27.5 above)

Why did they request it all without an hearing and the DJ as insisted on a hearing?

 

Just some of the points that concern me above before we even get to amending a defence.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...