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

[BRIGADIER2JCS]

Agreed, but keep it concise, and as brief as possible.

 

Brig

[TWW]

Just returned from the Lion's den. DJ gave the other side a hard time for irrelevant waffling then sent me off for 28 days to submit a detailed witness statement then 28 days for them to reply. Will this never end?

[AndyOrch]

You now need to get a fully particularised WS ready.

 

Andy

[BRIGADIER2JCS]

Have to say that's a damn good Judge wan'ts the facts

before making his judgement, lucky really as lot will

take the easy way and listen to solicitors waffle.

[TWW]

I'll wait to see exactly what he asks for but he did appear to know what he was talking about and he was taking no S*** from any 12 year old solicitor.

[BRIGADIER2JCS]

We need more judges with that attitude!!!!!!!!!!

[AndyOrch]

I'll wait to see exactly what he asks for but he did appear to know what he was talking about and he was taking no S*** from any 12 year old solicitor.

 

[MW2]

Sounds promising.....and well done to that DJ who seems to know the LAW!

[BRIGADIER2JCS]

It's no some much knowing the law the secret is in administering fairly.

The saying ''Rules are for the obedience of fool and the guidance of wise men''

was often quoted to me my studies years ago.

[TWW]

Hi all.

 

Back again for the next round. This is the order from the JD. Comments please.

 

http://i1227.photobucket.com/albums/ee430/Jaxontm/Generalformofjudgementorderamended.jpg

[TWW]

Bump

[BRIGADIER2JCS]

The judge seem to be well on your side,he's giving you the

opportunity to put all the evidence that you wanted to state at the first hearing.

So just plan it out as directed and you should be ok, I'm going to alert someone

who is good at formulating court docs, to help.

[BRIGADIER2JCS]

Have asked IMS 22 to look in.

 

Brig.

[ims21]

Hi

 

Looking in as requested....I'm going to have a read of this thread and if it's OK I'll post some observations late this evening or tomorrow morning.

 

I have to say that you apear to hve hit upon a great Judge....he/she's given you chapter and verse on how to lay out and present your papers.

 

Others will no doubt give you their assistance too but I'm happy to help if I can.

 

Regards

 

ims

[AndyOrch]

Hi TWW

 

Responding to your PM

 

Its simply a WS as per my post 128 have you had experience in drafting these?

 

Andy

[BRIGADIER2JCS]

Thank IMS.

 

Brig:madgrin:

[ims21]

Ah

 

I see you have Andy helping on this....Hi Andy.

 

This may be more up your street than mine but happy to give input as well

 

Regards

 

ims

[AndyOrch]

Ah

 

I see you have Andy helping on this....Hi Andy.

 

This may be more up your street than mine but happy to give input as well

 

Not a problem IMS more hands/heads etc chip in.

 

 

Regards

 

ims

 

Andy

[TWW]

I think I should be able to draft the WS. He's asked me to go into full detail about the meeting where I did not sign the CCA. He also kept saying that they may just say ' you had the money so pay it back'. I think that was a hint for me to prepare an argument against that approach. I'll post the draft WS when I've written it for comments.

[AndyOrch]

If you can do the main contents and points TWW then I will format it and check it over for you.

 

Regards

 

Andy

[TWW]

Hi all.

 

This is the first draft of my WS. I have not included any of the legal stuff as the judge was very clear that he wanted to know what went on at that meeting. Comments please.

 

IN THE XXXXXXXXXXXXXXXX COUNTY COURT

 

CLAIM NO: XXXXXXXXXX

 

BETWEEN

HSBC BANKPLC

Claimant

And

XXXXXXXXXXXXXXXXX

Defendant

 

WITNESS STATEMENT OF

XXXXXXXXXXXXXXXXXX

 

I, XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX SAY AS FOLLOWS:-

 

1. This statement refers to a meeting that took place between members of HSBC staff and myself at their branch located at XXXXXXXXXXXXXXXXXXXXX 2003 at 09:15. This statement is from my own recollections and the notes that I took at that meeting.

2. I arrived at the reception at 09:10 and asked for Mr XXXXXXXXXXX with whom I had an appointment.

3. Mr XXXX was already known to me as he opened my Company bank account no XXXXXXXXXXXXXX together with Company savings account XXXXXXXXXXXX and Company credit card XXXXXXXXXXXXXXX at a previous meeting on August 6th 2003 at the same branch.

4. Mr XXXXX and I had spoken on several occasions prior to this meeting and had a friendly business relationship. During one of these conversations we agreed to this meeting to open a personal Bank account to sit alongside my business ones.

5. The receptionist called through to Mr XXXXX who came out shortly afterwards and after shaking hands, he took me to a private office.

6. In this office he introduced me to a young lady called XXXXX who worked in their commercial department and I was told would be another point of contact if Mr XXXXX was not available. She also gave me a contact number of 0800 XXXXXXXX which I noted as she did not yet have any business cards.

7. Mr XXXXX asked if I wanted a drink and I asked for a cup of black coffee with no sugar which XXXXX went and got.

8. During this time Mr XXXXX and I discussed how my new business was progressing and if there was anything they could do to help. At the time I did not need any further assistance.

9. When XXXXX returned, Mr XXXXX opened a folder with the Bank account application forms, which had been partially completed from the details they already held about me.

10. I then completed and signed the application form.

11. I then handed the completed form together with the proof of Identity (driving licence) and proof of address (BT bill) which I had been asked to bring with me to Mr XXXXX.

12. Mr XXXXX then passed these documents to XXXXX who took them away to photocopy them.

13. Mr XXXX then handed me the originals of my documents together with a folder of information regarding the bank account, which I placed in my briefcase.

14. Having completed the business I then got up to leave.

15. As we were leaving the room, XXXXX asked if I had one of their credit cards, which I said I did not but it might be a good idea.

16. Mr XXXXX said that they would sort that out for me as they already had all of my details.

17. At no point during this meeting or since, have I ever signed a consumer credit agreement for account no XXXXXXXXXXX.

18. I then shook hands with XXXXX and Mr Loker escorted me out to the main lobby where we shook hands and I left the building at approximately 09:35.

STATEMENT OF TRUTH

 

I believe that the facts contained in this statement are true.

 

Signed

 

Dated

[AndyOrch]

Hi TWW

 

Was any paperwork ever forwarded in connected of the CC ie copy of agreement /cancellation details/ activation details?

 

Andy

[TWW]

About a week later the card arrived with a booklet with the T&Cs. Never had a copy of the agreement 'cos it was never signed.

[AndyOrch]

And there wasn't one included for your signature to return?

[TWW]

No, only the card and a booklet of T&Cs.