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

[TWW]

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?

[AndyOrch]

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

[TWW]

So does that mean this is the full hearing?

[AndyOrch]

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

[Docman]

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

[TWW]

Scanning it now.

[AndyOrch]

Are we past Allocation Doc?

 

Andy

[TWW]

http://i1227.photobucket.com/albums/ee430/Jaxontm/WS4013.jpg

http://i1227.photobucket.com/albums/ee430/Jaxontm/WS3012.jpg

http://i1227.photobucket.com/albums/ee430/Jaxontm/WS2011.jpg

http://i1227.photobucket.com/albums/ee430/Jaxontm/WS1010.jpg

 

Witness statement

[TWW]

http://i1227.photobucket.com/albums/ee430/Jaxontm/CCA3016.jpg

http://i1227.photobucket.com/albums/ee430/Jaxontm/CCA2015.jpg

http://i1227.photobucket.com/albums/ee430/Jaxontm/CCA1014.jpg

 

This is the "CCA". What esle do you want to see, there are wads of statement, generic T&Cs plus various letters.

[TWW]

http://i1227.photobucket.com/albums/ee430/Jaxontm/ID3019.jpg

http://i1227.photobucket.com/albums/ee430/Jaxontm/ID2018.jpg

http://i1227.photobucket.com/albums/ee430/Jaxontm/ID1017.jpg

 

Scans of ID and details. Odd the did not scan the CCA.

[AndyOrch]

Can you scan the Application Notice TWW

 

Andy

[TWW]

http://i1227.photobucket.com/albums/ee430/Jaxontm/AQ2023.jpg

http://i1227.photobucket.com/albums/ee430/Jaxontm/AQ1022.jpg

http://i1227.photobucket.com/albums/ee430/Jaxontm/AN2021.jpg

http://i1227.photobucket.com/albums/ee430/Jaxontm/AN1020.jpg

 

AN and Aq

[AndyOrch]

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

[TWW]

Hi Andy

 

No, not got anything that looks like that. All I had from the court was the Aq with a date.

[AndyOrch]

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?

[Docman]

TWW

 

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

[TWW]

But I still need to submit an amended defence do I not?

[TWW]

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?

[Docman]

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.

[Docman]

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.

[TWW]

Just spoken to them and it's the full hearing. I need to get ducks in a row quickly.

[AndyOrch]

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)

 

 

 

 

 

[MW2]

Subbing with interest.

[TWW]

Hi Andy.

 

Yes it is the full hearing which is why I need help to prepare my amended defence.

[AndyOrch]

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