DG Solicitors taking me to Court over HSBC card debt! HELP!

[DonnieP]

Hi all, I was wondering what the best course of action is as Ive just had Northampton County Court Claim form through the post and never had one of these before and am a bit worried to say the least!

 

Its for a hsbc card from a few years ago(agreement dated 18/01/2006 according to the letter) and the debt seems to have been sent to DG Solicitors of Birmingham who are claiming for the amount plus then interest at 8% pa.

 

What the hell do I do?

 

I'm not working at the moment, havent for some time now since my business closed 2 years ago

 

Due to personal family circumstances and to save my marraige I am now a house husband and do the odd shift at the local hospital on their bank, but of course they are under financial pressure so it's been months since I had a shift there

 

I was supposed to do a course last year to get back onto the Registered nurse register as at least then I could get some more shifts at other hospitals relatively locally too but this got delayed first to November by the university, then 'til February and after chasing it up only early this week they are now looking at March! But that's another story.

 

I just need to know what people think I should do.

 

I can't deny the debt in that I know I took it out, I did contact them when I was having probs with it all over 2 years ago and they were unhelpful and wouldn't let me make token payments etc so I ended up putting my head in the sand and thinking sod them, that and going through a depressing rough patch and family trouble which we've thankfully salvaged.

 

But now I don't know how to reply to this, I can't see a defence as such other than saying I have no money to pay the debt basically.

 

Any advice is greatly appreciated

[rebel11]

Hi don

 

Don't panic, were you Mis-sold PPI on any of the accounts? Have you got any Penalty Charges on the account? These can be claimed back with interest obver the last 6 years plus.

 

Heres some further reading:-

 

http://www.consumerwiki.co.uk/index.php/DCA:_Using_CPR_31.14_to_Your_Advantage

 

Can you post the Court docs:-

 

Dx100 – Instructions on uploading pdfs

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

You also say that you wrote to your bank (BCOB's), but they were unhelpful:-

http://www.consumeractiongroup.co.uk/forum/content.php?825-BCOB-the-hidden-rules#comments

[the_shadow]

Ok, now you have received a court claim you have a set time to respond, the court allows for 4 days of service from the date on the claim form, after that you have 14 days to respond... either by admitting the claim / defending the claim, if however you acknowledge the claim online you get a further 14 days.

 

If you give us the date on the claim form that'll let us know how much time we have.

 

Can you also give us:-

 

The particulars of the claim, ensuring amounts are rounded up/down and anything identifying yourself left out.

 

Also have you taken debt advice from any of the charities etc, you say you are under financial pressure, is this your only debt or do you have more serious priority debts outstanding?

 

S.

[DonnieP]

Hi all, here's the pdf of the whole letter so hope this helps others to hopefully help me in making a decision on what to do

pdf court hsbc.pdf

[DonnieP]

Thanks guys for the help so far.

 

re ppi, I have no idea if I was sold any of this on any of my cards or loans to be honest, certainly never asked for any as (at the times) I was in a secure job (nursing in NHS) Of course there's no such thing anymore

 

Other debts, yep, loads, ie about £2K with a tesco card, an overdraft with my old bank of £1500 an old egg card of £4000 etc all of which I'm "conversing" with interrmittently including having informed them of my situation (ie not earning) and asking them to write off the debts given my foreseeable earning potential :-/

 

All my debts though are, I believe the term is, non priority debts? i.e. none are council tax, heating/electric, mortgage etc.

 

It's all been very hard this last year and depressing to be honest and I've not been as strict about pursuing a resolution on all these debts hanging over my head to be honest and as a sort of new year resolution Ive started to man up and sort out these things but then this landed on the doorstep this morning and feels like a real set back.

 

I feel like sticking 2 fingers up and telling them to do their best, I have very little in my possession in my name, ie. a scooter for travel, a car for travel, neither one worth more than £1000 or £1500 each, after that there's the house which is joint mortgage with the wife and I'm worried they may try to do something with that?

[rebel11]

Hi Don

 

Regarding the other debts a Court will only ever ask you to pay what you can afford. Again you need to establish if you've been Mis-sold PPI on these products or if you have had Penalty Charges added.

 

I think it might be an idea to send a SAR request to HSBC, they will send you all the data they hold under your name and address, you can find the Template in the library. You'll be able to find out if you've got PPI.

 

Heres the Template, send it Recorded :- http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for

 

They have 40 days to respond.

[DonnieP]

Thanks again rebel.

 

What's my best option though re the claim as if HSBC have up to 40 days to reply re a SAR I still need to do something with the claim don't I?

 

Also, how does the ppi and penalty charge angle help me? I may be being thick here but other than possibly claiming back these if I can it's the claim I'm initially worried about if you see what I mean?

 

So, I'll sort a SAR out right now anyway, but as to my replying to the claim, what should my first action be?

[DonnieP]

Oh and should the SAR go to HSBC or the solicitors? I'm assuming the solicitors as they should have all the information?

[rebel11]

Thanks again rebel.

 

What's my best option though re the claim as if HSBC have up to 40 days to reply re a SAR I still need to do something with the claim don't I?

Yes you still need to respond to the claim.

 

Also, how does the ppi and penalty charge angle help me? I may be being thick here but other than possibly claiming back these if I can it's the claim I'm initially worried about if you see what I mean? You can use the PPI and Penalty charges plus interest as part of your defence.

So, I'll sort a SAR out right now anyway, but as to my replying to the claim, what should my first action be?

Other Caggers will respond regarding their claim.

[rebel11]

Send it to HSBC, to their Registered Office:- HSBC Bank plc Registered Office: 8 Canada Square, London E14 5HQ, send it Recorded.

 

Oh and should the SAR go to HSBC or the solicitors? I'm assuming the solicitors as they should have all the information?

[DonnieP]

Cheers

 

Sar printed out ready to go to the Post Office first thing Monday morning, I'll be first in that queue!!

 

Right, now, hopefully someone out there in CAG land can help re the rest of my dilemna

[bazaar]

Make sure you send it signed for

[debbbbsy]

after that there's the house which is joint mortgage with the wife and I'm worried they may try to do something with that?

 

Thats the problem, if you cannot make any payments, they may go for a Forthwith judgment, you'll then have to pay the full amount, if not they will apply straight away for a charge on the property.

 

Thats why it is important to make sure they have all the relevant docs, but also get a full statement of the account showing all the interest and charges. Unfortunately at this stage a SAR will take too long. Still send it.

 

You need to send a CPR 31.14 to the Solicitor.

 

Use this to request the docs they refer to in the POC, and statements to support the amount being claimed. They have 7 days to respond.

 

If you need the template just ask.

 

Debs

[citizenB]

If you are intending to defend the claim, then all the information you require.. with respect to obtaining information is contained in the pdf below.

 

They have advised in teh claim form that there is an agreement and that they have sent you a Default Notice - so those 2 documents and a statement of account showing how they have arrived at their claim are the only things you can request with the CPR31.14.

 

pt-legal issues-compilation.doc

[citizenB]

There is some information on the attached with regards to options - Debt Relief orders - if your unsecured debts are under £15,000... etc.

 

You could also talk to the National Debtline - number on the attached and see if they can advise a way forward .. before this goes any further with court action.

 

http://www.nationaldebtline.co.uk/england_wales/page.php?page=35_options_for_dealing_with_your_debts