how to take legal action against hsbc?

[Old Cogger]

Incompetent fools, without looking it must be D.G

[noddy997]

I have already mentioned your case Durkin and they replied that yours was in the Scottish law and went to the High court or something along them lines.

 

Shall I reply to them saying I have mentioned to your clients previously that my ability to obtain a mortgage was ruined.

 

Also guys I dont have any "rejected" mortgage applications as it only comes up on the brokers' system that mortgage refused due to credit record, is that sufficient enough? I do have copies of the default on the credit file and without it as well.

 

Also these idiots have made further amateur errors in round 1 of the defence they submitted in the summer before I amended my particulars - such as saying I was above my overdraft limit which was £500 when it was £1000 actually (I have prove of this) and other bits and bobs too!

[Old Cogger]

By the way, they can make as many mistakes as they like and it will be accepted as mistakes, straight from a D.Js mouth to me

[noddy997]

By the way, they can make as many mistakes as they like and it will be accepted as mistakes, straight from a D.Js mouth to me

 

Surely if that is the case, I can get a legal rep and go into higher court.

 

I am 99% sure when someone wins a court case the losing party pays for the costs. So if I do get a legal rep HSBC will be paying for the costs, am I right in saying this?

 

But obviously I will have to pay my legal rep money and it would be claimed back from HSBC?

 

I am goiing to ponder over night and write a letter back tommorow.

 

They took 29 days to reply to my letter!

 

Also I haven't heard anything back from Ken Clarke!

[Durkin]

So if I do get a legal rep HSBC will be paying for the costs, am I right in saying this?

 

But obviously I will have to pay my legal rep money and it would be claimed back from HSBC?

 

 

Main problem with this, that the solicitors may not tell you at the start, is that it's unlikely, (due to some dodgy quirk in the law itself!) that you'll get all your expenses back.

 

Yes, you'll usually need to pay up front and because the bank would certainly drag things out, your own solicitor could end up bleeding you dry!

 

An own goal.

 

Personally, I'd avoid it. If you do go for it, make a minute of amendment for the full £8K.

[Durkin]

I have already mentioned your case Durkin and they replied that yours was in the Scottish law

Consumer credit act is UK law. London is in the UK.

 

Shall I reply to them saying I have mentioned to your clients previously that my ability to obtain a mortgage was ruined.

 

Also guys I dont have any "rejected" mortgage applications as it only comes up on the brokers' system that mortgage refused due to credit record, is that sufficient enough? I do have copies of the default on the credit file and without it as well.

 

You may have their admission that the default shouldn't be there or a standard letter recognising that defaults "cause difficulty in obtaining a mortgage"?

 

Anything along those lines is all that you need.

 

Also these idiots have made further amateur errors in round 1 of the defence they submitted in the summer before I amended my particulars - such as saying I was above my overdraft limit which was £500 when it was £1000 actually (I have prove of this) and other bits and bobs too!

 

I'd avoid mentioning this. It may make the judges brain hurt and take it off topic. Don't fall into their trap. Keep it (very) simple.

 

Richard.

[Old Cogger]

Do not be silly Durkin, London is on Mars!!! what are they going to come out with next? cease to amaze me HSBC,

[Old Cogger]

sted by noddy997

Also these idiots have made further amateur errors in round 1 of the defence they submitted in the summer before I amended my particulars - such as saying I was above my overdraft limit which was £500 when it was £1000 actually (I have prove of this) and other bits and bobs too!

 

Must be a template letter again used by them, the bells are ringing regarding the mentioned limits.

[noddy997]

Ken Clarke wrote to me today saying it isn't a political matter and cannot be my legal rep (when didnt ask him to do this)

 

@ Durkin Your right about the fees.

 

@ Mike what do you mean?

 

I still haven't heard back from the court and if I dont by this Friday I will write another letter and go into the court and first ask them why have I not received a reply for the previous letter which was handed into the court 2 weeks ago this Friday.

[Old Cogger]

I had a response stating £500- when it should of been £1,000 was what I was indicating.

[Old Cogger]

http://epetitions.direct.gov.uk/petitions/41065

[noddy997]

I am stil to reply to DG, and havnt heard anything from the court still!

 

I think I will write another letter to the court and go hand it in tommorow and ask them as well whats happened so far.

 

Not looking good

[Durkin]

Hi Noddy,

 

Your evidence is the letter admitting fault and the copy of credit file stating the default. That is enough. It proves that your creditworthiness has been damaged. It's like a form of defamation.

 

Hopefully you'll still see Ken Clarke and educate him. As an ex justice minister he should know that it's the politicians who make the law.

 

The bankers are taking advantage of poor legislation because the politicians are refusing to improve it in favour of the consumer (despite their constituents wishes)

 

When this gets in front of the judge you'll win. Corruption will be the only thing that can prevent this.

 

I hope you get good feedback from the court soon. This whole process should only have taken 4 weeks.

 

I know in Scotland, corruption has reached the highest level but I think there are still a few good judges in England.

 

Stick at it but take a breather every so often to help reduce the stress levels

 

Richard.

[noddy997]

Ok, good news guys. The court wrote to me and basically said the letter from the defendants stated on the order from Northampton CC didnt specify dates and when the Claimant issued the amended particulars it wasn't put in the District Judges file/tray. After I wrote to the Judge he has ordered that:

 

1) The order of 11 October 2012 to be discharged (where HSBC was given til the end of Nov!)

2) Defendants to submited amended defence if needs be ny 16th Nov

3) Court to send out allocation questionnaires to both parties.

 

Now, I have received mine and they say its a £220 fee?!! Im sure Northampton CC wasnt that much?!

 

Also at number 2) above I have received a "notice of dence has been filed" and it says (copy attached) "you have already been sent a copy of a defence received from the defendants in this claims, the time for all the defendants to file their defences has now elapsed and I am enclosing an allocation questionnaire for you to complete, no further defences have been received".

 

Wont this be a loophole for HSBC? As on the order it says deadline for defence is 16th Nov?!

 

Also, I would need some help on the allocation quesstionnaire seems a bit tricky!

 

When can I submit my side to the court? And what is it called? Prosecution?! LOL

[noddy997]

Can someone find me the full case of Kpohraror v Woolwich Building Society please? As on Durkin's case Kpohraror is referred to and apparently the Judge said Lord Justice Evans said at page 124 "The credit rating of individuals is as important for their personal transactions, including mortgages and hire purchase as well as banking facilities, as it is for those who are engaged in trade, and it is notorious that central registers are now kept. I would have no hesitation in holding that what is in effect a presumption of some damage arises in every case in so far as this is a presumption of fact."

I think that would be good to mention in the reply to DG.

Durkin was you awarded for general damage as well?

[Durkin]

I'm unfamiliar with an allocation questionaire. Hopefully someone else can clue you up on that.

 

WOW. So they admit that the judge heard evidence only from the defenders and without your knowledge. Pretty fishy.

 

It seems that the result is this AQ (I've no idea but perhaps it's a method for deciding on whether the case goes to a higher court? If so, that's a fairly lazy/dodgy judge you're dealing with as he should just have ruled in your favour without making you jump through this next "hoop".)

 

Sorry, I can't help much now. Ask the court though about the process and find out why you weren't invited to attend the original hearing. (Someone at the court knew what was going on but failed to inform you, seemingly).

 

£220 is enough to put many people off. Make sure you speak to Ken Clarke and find out what the hell is going on. (Check if the AQ is compulsory for example? - I've no idea). If you do end up paying this, make sure, obviously, that it will be reimbursed

 

Yes, the Aberdeen sheriff awarded me £8K just for general damages. The Supreme Court is expected to confirm this next year.

 

Googling Kpohraror v Woolwich should give you what you want.

 

Good luck. If I were you now, I'd be keen to find out more about "the process". It certainly seems different to what I've experienced here in Scotland.

 

Richard.

[AndyOrch]

The AQ simply means its proceeding and allocates the matter to track.The fee is subject to the amount claimed (sliding scale) I assume you have the N149 Noddy?

 

Regards

 

Andy

[noddy997]

No what I think they are doing is using the same defence which they did file to me in August/July before I amended my particulars.

 

No aq is procedure as there was one when I initally submitted my first particulars however this was waived as I was amending my particulars and Northampton CC said you would have to redo the aq if your particulars are approved and if they arent you still have to complete the aq for your first particulars.

 

But I am pretty sure it wasnt £220 the first time I am going to have to fiddle through some papers ring Northmampton (they might not want to speak to me but I will just ask the cost of aq) and visit Nottingham CC tommorow too.

 

Ken Clarke isn't willing to help me... so bit pointless going to him lol.

 

I cant seem to find the full case of Kpohraror v Woolwich - I think I am going to use it out of your case mate.

 

It is the final letter to DG probably anyway and I will tell them if I dont get a reply before 13/11/12 reconsidering the £5000 then oh well!

[noddy997]

The AQ simply means its proceeding and allocates the matter to track.The fee is subject to the amount claimed (sliding scale) I assume you have the N149 Noddy?

 

Regards

 

Andy

 

Noo... Whats this?!

 

Edit: Yes I do have the aq the court sent it me with the order/letters today.

 

Surely there mus tbe some sort of legal "bank" where you can find cases and case law etc as when I refered both cases they seem to have gone through and made up some crap and replied to me.

[AndyOrch]

Yes Noddy I see you have the AQ I was checking which one you had recieved (N149) SCT and not the N150.

[noddy997]

Yes Nodded I see you have the AQ I was checking which one you had recieved (N149) SCT and not the N150.

 

Its the N150!! I just double checked!!

 

Am I screwed?! Just checked its the N149 for small claims track... N150 = normal?!

[Old Cogger]

( Kpohraror v Woolwich Building Society [1996] 4 All ER 119 ).

[noddy997]

( Kpohraror v Woolwich Building Society [1996] 4 All ER 119 ).

 

still cant find it!

[Old Cogger]

might be of use to you?

kpohraror v woolwich.pdf

[AndyOrch]

Its the N150!! I just double checked!!

 

Am I screwed?! Just checked its the N149 for small claims track... N150 = normal?!

 

It may be Fast Track for its complexities..hence the N150...be careful of Costs.