Jump to content


HSBC v Pipster - Court Tomorrow!! *****Discontinued*****


Pipster2797
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4452 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 359
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Yes will be a TOTAL waste of time.;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

They have already admitted they don't have a signed agreement, so following through to court stage with a CPR31.16 might be a waste of time....

 

 

sorry i know I'm a bit thick but do you mean that it would be pointless for them to follow through with the court stage as they have admitted they dont have an agreement?

Link to post
Share on other sites

Both-for you to pursue compliance of the CPR 31.16 request

AND for them to seek cause of action against you.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Thanks 42man for those links. Some very good reads there and I will defend fully when they file a court case against me.

 

Could they transfer the balance of the credit card into the overdraft as they did with the loan and that way there is only 1 claim for the total amount? As I know the Current Account does not fall under the CCA?

Link to post
Share on other sites

Hi pipster ,

 

If it falls under the conditions for 'Right of Set-off ' I would say yes they can -

 

Right of set-off ...............

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm

 

but whether they do or not is up to them .............

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

could they do this if the account is terminated, like mine?

 

That is what my worry would now be. Ok they don't have the CCA so just transfer it into the current account and then I have no leg to stand on

Link to post
Share on other sites

I don't think I'd worry too much about them doing that pipster - I'm inclined to agree with 42man - and any lump sum just being dumped in an account like that would stand out like a sore thumb if it came to court .......

 

Even if they tried to quote Right of Set-off they'd have to produce proof of the CCA in the first place - and they can't do that without an agreement ........ :)

 

They're wriggling ........! :D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

  • 3 months later...

**UPDATE**

 

Sorry for the long delay in not giving updates been so busy with other things.

 

With regards to the credit card MCS have now passed it to DG solicitors (I know MCS and DG are both part of HSBC) who are saying they will take me to court. Just the same old usual replies from them when I have written to them asking for the CCA. Still no sign of it and they keep saying they have sent it but they haven't and I keep pointing this out to them.

 

I'm hoping this does get to court so I can put an end to it once and for all as I'm sick and tired of having to deal with it.

Link to post
Share on other sites

Hi y'all.

 

Been reading this with interest. Back in Feb i requested a copy of the Credit agreement from HSBC, after many months of dicking about I still don't have it (what they did send me is here http://www.consumeractiongroup.co.uk/forum/hsbc-bank/179289-credit-card.html)

 

Anyway, I have recently recevied a letter from MCS telling me they'll take me to court and all that. I've told them I am disputing the debt, documentation not provided etc, they've given me three weeks.

 

Is this the same situation you guys are at? What should I do?

 

Apologies for the hijack!

 

Cheers,

 

Tom

Link to post
Share on other sites

Hi y'all.

 

Been reading this with interest. Back in Feb i requested a copy of the Credit agreement from HSBC, after many months of dicking about I still don't have it (what they did send me is here http://www.consumeractiongroup.co.uk/forum/hsbc-bank/179289-credit-card.html)

 

Anyway, I have recently recevied a letter from MCS telling me they'll take me to court and all that. I've told them I am disputing the debt, documentation not provided etc, they've given me three weeks.

 

Is this the same situation you guys are at? What should I do?

 

Apologies for the hijack!

 

Cheers,

 

Tom

 

Yep seems near on identical to my case. I know I didn't sign anything for the credit card either and it was back in 2001 or 2002 they sent me the credit card.

 

I was being threatend by MCS with the court action and now it's by DG Solictors (Of course all the same company and all in the same office). Still waiting for my CCA. I wrote to them last Friday to say they still havent sent it blah blah etc

Link to post
Share on other sites

Hi Tommo ,

 

Did you follow my last advice on your thread (6th April ) ?

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/179289-credit-card-3.html#post2090303

 

If you told them what TS said .... and also told them that until they produced the CCA you wouldn't deal with them further , except in court .... then if nothing has changed .... let them take you to court - even if they produce a CCA a judge is not going to be impressed that they didn't send you one ...... thereby wasting court's time .....

 

Meanwhile write and tell them you haven't had the CCA you asked for on (Date ) .........and add \:

 

"PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) "

At least if it comes to court you can prrove you gave them every chance -:)..

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

  • 2 weeks later...

Can't do any harm pipster ...... just to let them know that you know .... and keep the record straight too....... at least you've answered them :rolleyes:... then you can forget about them ....... unless they're really persistent ... in which case we'd have to produce a really "what part of buzz-off(polite version LOL) don't you understand " letter ...... :D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

Can't do any harm pipster ...... just to let them know that you know .... and keep the record straight too....... at least you've answered them :rolleyes:... then you can forget about them ....... unless they're really persistent ... in which case we'd have to produce a really "what part of buzz-off(polite version LOL) don't you understand " letter ...... :D

The one I use is:

 

Dear Sirs,

Re xxxx account no xxxxxxxxxxxxxx

 

I was somewhat bemused to receive your letter dated xxxxxxxxx, received today, xxxxxxxxxxx. This account remains in lawful dispute with xxxxxxx, the details of which are none of your concern.

However, while I have your attention, I note that you have been instructed by your client, xxxxxxx, to recover the outstanding balance on the above account and the fact you also have now formally demand immediate payment of the full balance, on behalf of your client following their own attempts to ignore the legal process.

As xxxxxxx have passed this account to you for collection, you will no doubt be in possession of all of my past correspondence to them, that should have appraised you fully of the dispute, however I will explain the situation again to you.

xxxxxxx are aware that this account is in dispute and the reasons why it remains in dispute. xxxxxxx have not supplied a credible response to my s78 request. Despite this, HSBC and now yourselves, seem determined to ignore the Law.

For the avoidance of any doubt on your part, let me explain the relevant main points of the Law and OFT regulations while the account is in dispute and xxxx remain in default, which now also applies also to your organisation.

  • xxxx may not ask for payment against this account.
  • I am not obliged to offer any payment against this account.
  • xxxx cannot register any data with a third party.
  • xxxx cannot take any enforcement action, including registering Defaults.
  • xxxx cannot pass the account on to a third party for collection.
  • xxxx cannot sell the account.

I have written to xxx on many occasions, pointing out the facts above and detailing the relevant laws that apply. I have no intention of listing them again and again here. It appears that xxxx ignore these letters and intend to ignore the Law, now further confirmed by their latest actions involving yourselves.

Following xxxx’s previous threats of legal action, they have again failed to supply a true copy of any alleged agreement under CPR 31:16, as I have requested.

I am formulating official complaints to the OFT, Trading Standards and my MP. I will request that my MP passes my complaint on to the relevant Minister for advice\action. I am sure that the regulatory bodies, will take better notice of a minister, rather than just an individual such as myself.

I suggest that your organisation, passes this matter back to xxxx to resolve, thus avoiding a further complaint regarding your organisation.

I confirm any further costs you incur in this matter will be of your own and xxxx’s making, due to failure to read my correspondence and take heed of the current legal situation that exists and therefore will be at your own liability.

 

Yours sincerely

  • Haha 1
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...