how to take legal action against hsbc?

[noddy997]

Ok so all I send is the copy of the aq which I filed yesterday, correct?

 

Sorry mate the legal system is a lot more complicating than one would ever think it is. If it wasn't for this site I would be lost after issuing the claim via MCOL. The CAB in Nottingham are useless (no offence) the phone line is simply engaged, you can never get through and the offices are just full of leaflets, and public sitting down who are waiting to see their advisor(s) who miracally got through on the phone and made an appointment!

 

Cheers CAG!

[Mike_hawk]

Yep, that's all you need to do Noddy

 

And yep, the rules could never be described as simple to untangle.

[Durkin]

So, it seems if you've provided extra info (perhaps you haven't) it would be better to send it to the defenders anyway.

 

Here in Aberdeen, the court does it all for you (but you pay £65 instead of £40).

 

If they have your AQ with the additional info, they can't say that they don't (that would have the possibility of delaying proceedings which will be one of their tactics).

 

So, despite the lass at court telling you not to bother, if it has any additional info that you've not already sent, it may be better to send it.

 

Hopefully the hearing will be soon. Within a couple of weeks say.

 

No, I shouldn't think there are any more loopholes apart from the hassle of showing up in court.

 

The judge should, in my opinion, avoid a trial by spotting that there is no credible defence. Ensure they spot this through all the wool the defenders will try and pull over their eyes.

 

A trial would likely be more of a ball ache but at least you'd be exempt from fees.

 

Good luck.

[noddy997]

A trial would mean a hearing fee, correct?

 

But I dont think the Judge will come to a decision without a hearing...

 

Yes I willl send the N149 to DG anyway. Bet they are crying over the letter I wrote them last week in regarding your case Durkin and a few others lol.

[Mike_hawk]

Hi Noddy

 

Fees are here..... http://www.legislation.gov.uk/uksi/2011/586/schedule/made

 

2.3(vi) is applicable to your case for the trial fee [£325.00]

[noddy997]

Hi Noddy

 

Fees are here..... http://www.legislation.gov.uk/uksi/2011/586/schedule/made

 

2.3(vi) is applicable to your case for the trial fee [£325.00]

 

Cheers Mike. Do you know if there will be anything else after that or before the hearing fee?

 

Also I should be exempt from the fees as am on JSA. I cant seem to find a receipt of the £100 which I paid to MCOL in July to issue the proceedings. I need this to get the refund via Ex160.

 

Am trying to work out the process...

 

Issue N1 CPC, the Defendant replies/gives defence, aq's are issued, then what's next?

[Mike_hawk]

Shouldn't be anything else to pay, if its allocated to sct directions should follow soon with a trial date.

 

Usual is to disclose evidence and exchange witness statements a month prior to trial

[noddy997]

Witness statements are applicable to my case are they? I remember in the aq submitted by HSBC in August, they said we will call the hsbc manager (who I visited) as a witness. Dont see really what benefit he will give to hsbc it would be more for me lol.

 

I will go to court again when I will hand in the ex160 for the £40 N149 fee and ask them when will I be given the chance to submit my evidence.

[Mike_hawk]

Witness statements are pretty much a necessity for any case.

 

I would imagine directions will be for each party to disclose a list of documents they intend to rely upon, followed by a 2 week window to evidence same on request, followed by an exchange of witness statements prior to trial.

 

Not read your whole thread but would assume you'll be relying on CRA reports and the banks responses identifying where it was at fault.

[noddy997]

Yes mate.

 

I lost the original offer letter of 25% reduction but got a new one from the branch manager who said "offer was made but in error the 25% sum to be covered by HSBC was put on your credit file as a default". They are intending to bring this branch manager as a witness - pretty damn funny dont you think?!

 

I also have 10+ letters from various DCA's demanding the 25% "owed" sum.

 

CRA reports (before and after).

 

Various mortgage applications (dont think any of them have "declined" or "rejected" on them as they would contain details of the proposed/mortgage itself) dont think you would need confirmation from them anyway as most people would know its near impossible to get a mortgage with a default that last 6 years, if they wish to object this point, I would turn it around them and ask them "HSBC, as a provider of financial services including loans and credits, would you give credit to someone with a default on their CRA?".

 

Lol... it seems like a laughable joke in one sense!

 

PS I dont blame you Mike for not reading the entire thread , theres 300+ posts, 12000+ views, and its only pages long lol! Long live CAG!

[Mike_hawk]

Hi Noddy

 

All I can really advise is to keep things simple at disclosure and exchange, don't get drawn into letting the other side try to deviate from the facts at the crux of your case.

[noddy997]

Hi Noddy

 

All I can really advise is to keep things simple at disclosure and exchange, don't get drawn into letting the other side try to deviate from the facts at the crux of your case.

 

I know. But dont you think its vital to mention that:

 

HSBC offered the 25%, which I accepted. However, HSBC instructed DCA's to collect the 25% (£216.49). Then HSBC put it on my credit file. Whilst it remained on my credit file, HSBC had instructed further DCA's to stil collect the amount.

[Mike_hawk]

Hi Noddy

 

Yes, it forms the basis of the evidence at the crux of your case

 

I meant don't get sidetracked by data protection act or defamation arguments...... that's a huuuuuuuge can of worms to let them try to open

[noddy997]

In what way can one be sidetracked by data protection act? Please give example.

[noddy997]

Durkin - you said you was on JSA too whilst your claim was ongoing. Did you have to provide a confirmation letter which was not more than one month old? I am completing the Ex160 form and it said if your on JSA please provide a letter confirming entitlement which is not more than a month old. Mine is 3 months old! I did rang up last week asking for another one dont know when that will come through and whether it will have the August date or Novembers date!

[Mike_hawk]

In what way can one be sidetracked by data protection act? Please give example.

 

Hi Noddy

 

Try Supasta's thread, there's an attachment buried in there somewhere with a file name of Letter.pdf

[noddy997]

Hi Noddy

 

Try Supasta's thread, there's an attachment buried in there somewhere with a file name of Letter.pdf

 

I see what you mean. HSBC are trying to nibble the "fact" that I didnt stick to t&c's and went over the £500 O/D limit (when it was £1000).

 

Hmmm.

[noddy997]

Copy of aq sent to DG!

[Durkin]

I know. But dont you think its vital to mention that:

 

HSBC offered the 25%, which I accepted. However, HSBC instructed DCA's to collect the 25% (£216.49). Then HSBC put it on my credit file. Whilst it remained on my credit file, HSBC had instructed further DCA's to stil collect the amount.

 

I think you should only speak about that info if you're asked. The longer the hearing goes on, the more likely it will go to trial which will delay things.

 

All you need to ensure is that, above all else, the judge recognises that a wrongful default has been left on your credit file and that it is accepted by HSBC.

 

Job Centre should give you a letter but in my case the signing on book was fine. The court accepted it and there was nothing to pay.

 

Cheers,

 

Richard.

[noddy997]

Job Centre should give you a letter but in my case the signing on book was fine. The court accepted it and there was nothing to pay.

 

 

I gave in the Ex160 and Jobcentre sent me a new letter which I got the other day. As paid £40 by card at the counter at Nottingham CC, I was told today that it will be refunded to my card automatically and I would have to wait a while for it to go through.

 

The lady at the desk said we haven't yet received the aq of the defendant, and she doesnt know what their deadline was (I thought usually its the same for both parties?) They submitted an aq in August but that would be irrelevant as the particulars were amended and approved. They however want to keep the same defence.

 

If they dont return the aq, apparently they might get an extension and/or/until the Judge makes an order for a deadline for it to be returned by.

[Mike_hawk]

Hi Noddy

 

There is no true requirement for both parties to file aq's, PD26 would apply in the case of one [and in some instances] neither party filing

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part26

 

2.4

 

Hearings Before Allocation

 

Where a court hearing takes place (for example on an application for an interim injunction or for summary judgment under Part 24) before the claim is allocated to a track, the court may at that hearing:

(1) dispense with the need for the parties to file allocation questionnaires, treat the hearing as an allocation hearing, make an order for allocation and give directions for case management, or

 

(2) fix a date for allocation questionnaires to be filed and give other directions.

 

2.5

 

Consequences of Failure to File an Allocation Questionnaire

 

(1) If no party files an allocation questionnaire within the time specified by Form N152, the court will order that unless an allocation questionnaire is filed within 7 days from service of that order, the claim, defence and any counterclaim will be struck out without further order of the court.

 

(2) Where a party files an allocation questionnaire but another party does not, the file will be referred to a judge for his directions and the court may:

(a) allocate the claim to a track if it considers that it has enough information to do so, or

 

(b) order that an allocation hearing is listed and that all or any parties must attend.

[Durkin]

 

The lady at the desk said we haven't yet received the aq of the defendant, and she doesnt know what their deadline was (I thought usually its the same for both parties?)

 

They submitted an aq in August but that would be irrelevant as the particulars were amended and approved. They however want to keep the same defence.

 

If they dont return the aq, apparently they might get an extension and/or/until the Judge makes an order for a deadline for it to be returned by.

 

She should know or know someone that knows.

 

It's yesterday (according to the judge).

 

Ensure you are able to object to any further extensions that the judge may grant in your absence.

 

It's not right and I wouldn't accept a similar excuse to the last balls up.

 

Cheers,

 

Richard.

[noddy997]

Hi Noddy

 

There is no true requirement for both parties to file aq's, PD26 would apply in the case of one [and in some instances] neither party filing

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part26

 

2.4

 

Hearings Before Allocation

 

Where a court hearing takes place (for example on an application for an interim injunction or for summary judgment under Part 24) before the claim is allocated to a track, the court may at that hearing:

(1) dispense with the need for the parties to file allocation questionnaires, treat the hearing as an allocation hearing, make an order for allocation and give directions for case management, or

 

(2) fix a date for allocation questionnaires to be filed and give other directions.

 

2.5

 

Consequences of Failure to File an Allocation Questionnaire

 

(1) If no party files an allocation questionnaire within the time specified by Form N152, the court will order that unless an allocation questionnaire is filed within 7 days from service of that order, the claim, defence and any counterclaim will be struck out without further order of the court.

 

(2) Where a party files an allocation questionnaire but another party does not, the file will be referred to a judge for his directions and the court may:

(a) allocate the claim to a track if it considers that it has enough information to do so, or

 

(b) order that an allocation hearing is listed and that all or any parties must attend.

 

That is absolutely ridiculous! The clerk told me the defence can be struck out as stated in (1).

 

Will this make things worse for me then?

 

I thought it would have been a requirement since its an "order" from court (N152)!

[Mike_hawk]

Them's the rules Noddy, you filed and protected your position....... it didn't and relies on the judges decision - deep pockets tend to help when playing the rules

[noddy997]

Them's the rules Noddy, you filed and protected your position....... it didn't and relies on the judges decision - deep pockets tend to help when playing the rules

 

You mean it will cost a bit? In what sense? I think the hearing stage is the final hurdle aint it? With its fee? If my refund goes through successfully then JSA will help with the waiving of the costs.

 

Everything happens for a reason I guess...