HSBC + DG Solicitors

[burmafriday]

Hi - please help.

 

A writ had been issued agains me by HSBC and DG Solicitors

and they now have judgement but i have been unable to defend against the writ for reasons set out below.

 

 

I will try and be as brief as possible.

 

I owed money to HSBC on an OD and I had offered to repay them.

But I fell ill in November 2010 when i had a break down.

 

 

My daughter wrote to HSBC on my behalf explaining the situation

and sending a £100 towards the debt and for it to be reviewed in 4 months time.

 

 

In February 2011 she again wrote to HSBC asking for account details to enable us to set up payments by Direct Bebit.

Neither my daughter nor I have a cheque account.

 

 

We received no reply but heard from DG Solicitors asking for immediate settlement.

My daughter wrote back to the solicitors explaining that we offered to make repayments

and only account details were needed so payments can be sent by bank transfer.

 

 

We explained that we cannot issue cheques with my bank account.

We did not hear anything from DG Solicitors for over a week,

then they notified us that they were issuing a writ of claim.

 

 

Again, my drughter wrote back and explained that we are willing to make the payments -

we only needed details of an account so we could make the payment.

 

 

DG Solicitors then wrote to us stating that a writ has been issued against me.

We asked for details of the writ and a copy

- which we did not receive.

No writ arrived at my address.

 

 

As they said the writ had been issued,

we specifically looked out for it.

 

 

We also wrote to Norhampton County Court Bulk Centre asking if a writ has been issued,

but they replied to say that they cannot help us unless we give them a claim reference number.

 

 

Then last week we received a letter from DG Solicitors that they will seek judgement in default

as we did not respond to the writ.

 

 

To date we never received the writ. DG Solicitors will not give us details of the writ nor send us a copy.

 

 

i understand that they now have judgement.

This means that they will try and get a charge order set on my house,

but i have no details of the writ nor was i able to defend it.

 

 

Can some one please tell me what i can do.

 

Many thanks. BF

[the_shadow]

I really hope you have copies of the letters and proof's of sending for these letters as they have treated you appallingly, especially in the state you were. The OFT have guidelines on how vulnerable people should be treated by debt collectors and this company have used every underhand trick they could to seek a judgement against you.

 

If there really has been a judgement against you then it'll either show on your credit file or on the trust registers website, you can search this website for the judgement and from that get the claim number, then its a case of seeking a copy of the claim from most likely Northampton bulk centre.

 

Its then a case of deciding whether you wish to request a set aside of the verdict via an N244 application.

 

I would also complain to HSBC directly as DG are their in house "solicitors" / the OFT / the SRA re: DG's conduct in this and I would provide them with all the evidence at the same time.

 

 

S.

[burmafriday]

Hi Shadow - many thanks. I have copies of all communications. I have my daughter to thank for that as she insisted on only writing to these poeple so we have a record and a thread. I hv been speaking to some friends who advised that I can apply to have the judgement set aside but one person actually said that as they behaved so badly and more specifically, as i never received the writ, and as there seemed to have been an agreement with HSBC for the repayment, I should apply to have the judgement struck out. I dont know if thats possible. Can you comment on that?

 

I'll try and find the Trust Registers Website and write to the OFT. Whats SRA ? is that a Solicitors regsiter? i'll try and find that out. Many thanks. BF

[the_shadow]

Hi Shadow - many thanks. I have copies of all communications. I have my daughter to thank for that as she insisted on only writing to these poeple so we have a record and a thread. I hv been speaking to some friends who advised that I can apply to have the judgement set aside but one person actually said that as they behaved so badly and more specifically, as i never received the writ, and as there seemed to have been an agreement with HSBC for the repayment, I should apply to have the judgement struck out. I dont know if thats possible. Can you comment on that?

 

I'll try and find the Trust Registers Website and write to the OFT. Whats SRA ? is that a Solicitors regsiter? i'll try and find that out. Many thanks. BF

 

You can basically ask the court to do anything... whether the judge will agree will rely on you to convince him/her. A set aside puts you back to the start of the court procedure and you'll be re-issued with the claim and then need to defend or admit and come to an arrangement.

 

Trust Register is here http://www.trustonline.org.uk/

SRA is solicitors regulatory authority but there old complaints link takes me here: http://www.legalombudsman.org.uk/

The law society, complain here: http://www.lawsociety.org.uk/choosingandusing/redressscheme/contactus.law

 

HTH

 

S.

[burmafriday]

Hi Shadow,

 

Many thanks indeed!! I was able to find the Trust site, got details i needed and am in touch with the CCBC. I requested them to send me full details. I hv also contacted SRA and started the ball rolling. Now i will sumbit a formal complaint to SRA, Law Society and HSBC. i cannot afford a solicitor so i will hv to do it myself and any help you can give in this matter will be great. i'll keep u posted.

All the best/BF

[the_shadow]

Hi Shadow,

 

Many thanks indeed!! I was able to find the Trust site, got details i needed and am in touch with the CCBC. I requested them to send me full details. I hv also contacted SRA and started the ball rolling. Now i will sumbit a formal complaint to SRA, Law Society and HSBC. i cannot afford a solicitor so i will hv to do it myself and any help you can give in this matter will be great. i'll keep u posted.

All the best/BF

 

There are a LOT of people on here more knowledgeable than me ;-) I'm sure we'll all jump in when you need us.

 

S.

[The Lantana]

Disgusting behaviour by DG, but why did the postie not deliver the court papers to you. Did DG have a different address for you?

 

Time is of the essence with a set aside application - you need to get it in sharpish! But if DG can show they wrote to the last known address they had for you, you'll have your work cut out I'm afraid.

 

Regards

 

 

 

 

The Lantana

[burmafriday]

Hi.

Thank you Shadow and Lantana.

 

Good question - my address had not changed, but i never received the writ. I looked out for it and asked my postman - who told me to speak to the sorting office, who told me to contact the Royal Mail as there was nothing they could do. i hv kept a record of my actions and i can substantiate my efforts in court.

I agree that my work is cut out - but I wrote and asked the Claiments solicitors (DG Solicitors) for a copy of the claim or a reference number.

 

They chose not to tell me. its highlighted by the fact that they referred to a letter from my daughter's letter which clearly reqeusts the information and claim ref. number.

 

I realize that time is of essence - i only just learnt of the Claim Reference - so i will prepare my applicaiton tmrw and submit it by Recorded delivery.

 

 

All the best/BF

[burmafriday]

Hi

 

Can you help please. I have been trying to complete N244 form to apply for the judgment to be set aside .

I am now ready to submit the application and can send it tomorrow, but do i need to complete parts 6 to 9?

 

Many thanks BF

[burmafriday]

Hi All,

 

Do i have to attach a draft form of the order i am seeking? I am applying to have the judgment order set aside so can anyone send me a template or a format please?

 

Many thanks, BF

[the_shadow]

No there is no draft order, you just need to state you are asking for the court to set aside the verdict of xx/xx/xxxx, claim number: xxxxxxx and state clearly the reasons why... if you need to expand any points put them on a separate piece of paper and attach plus refer to it in the boxes.

 

If you have any supporting evidence then attach that also.

 

S.

[the_shadow]

Hi

 

Can you help please. I have been trying to complete N244 form to apply for the judgment to be set aside .

I am now ready to submit the application and can send it tomorrow, but do i need to complete parts 6 to 9?

 

Many thanks BF

 

What have you ticked for number 5, with a hearing or without... if its without then you dont need to fill in 6, 8 needs to be district judge, 9 is the original claimant (full name + address)

 

S.

[burmafriday]

Hi Shadow,

 

Many thanks indeed. Thats really helpful. All the best/BF

[burmafriday]

Hi Shadow,

The case had been transferred to a different court. I was able to call them and spoke with them. They were very helpful, especially after i explained my case.

they are now aware that my application is being prepared and that i needed a copy of the particulars of the claim - so i hv some time. Will advise you more.

thank you so much for yr help. All the best/BF