HSBC Business LOan CCJ and Marstons Bailiffs

[Determined1]

Thank you for attachments and advice, very much appreciated.

Regarding the SAR both the judge and Wragge&Co just pass it off as not important. HSBC have offered me (via the FOB) £300 compensation for the way they have handled our request, however, they have still failed to supply me with the relevant documents.

When I brought this to the judges attention he just agreed with Wragge&Co that all I needed was the bank statements for the 2 accounts that they are chasing me for. His direction was that HSBC were to provide me with these statements. Amazingly these statements arrived the very next morning from Wragge&Co!!!

I have now until the 9th May to file and serve a fully pleaded and particularised defence compliant with CPR 1998.

My case has been listed for an allocation hearing/CMC on the 28th June 2012.

I just think that they are trying to manipulate me away from asking and receiving information regarding the other accounts. They were asking the judge for quick decisions when we were in front of him a couple of weeks ago, trying to force the issue.

We just don't know exactly how to attack this now?

Any ideas please?

[Determined1]

Hi

We are back in court tomorrow and we still have not received all of the documents that we have requested (via SAR).

They are asking the judge to strike out my defence, to also grant a money order and a repossession order.

I do admit that I owe some of the money, but not all. Can anyone advise me on how to handle this please?

My mortgage is with UCB Homes (Nationwide) and I have very little equity in the house, if any.

Are HSBC likely to get a repossession order? If so and my house is sold am I not correct in thinking that the money will go to my lender, UCB Homes and NOT HSBC ?

Any help or advice would be greatly appreciated.

Many Thanks

[citizenB]

IF, and only IF a repossession order was granted then your mortgage and and secured debts would be repaid before any credit card debts.

 

If you disagree with the value of the claim they are demanding - you should have already pointed out what amount you disagree with.

 

Ok, it looks like this is a secured loan with HSBC, in which case they will be next on the list AFTER your mortgage lender.

 

So it might not be in their interests to apply for a repossession.

 

Is the mortgage in joint names - in which case, I think they will only be able to apply for a restriction on your half of the property. Do you have a small family or is anyone classed as vulnerable/disabled ?

 

IF HSBC win their claim, then you should ask if it is possible for an instalment order to be made.

 

You should take with you an Income & Expenditure form, showing how much you can afford to repay each month. I have attached one for you below.

 

Ellens Budget Sheet.xls

Edited June 27, 2012 by citizenB

[Determined1]

Thanks for the advice.

Yes it's a secured business loan in joint names from HSBC. I cannot quote an exact amount of money that I agree on because they will not provide me with statements etc.

We had incurred excessive charges due to our business bank manager working outside of banking hours i.e. 7am (we only found this out after extensive investigations), he checking what was due to go out of our account that day and then he would refuse to honour the checks a direct debits. Some days this would also include all our staffs wages that were due to be paid by bacs.

But he chose to ignore that fact that at 9am on these days our invoice financing credits would be showing, therefore our account had sufficient funds to honour our payments etc.

He has since been dismissed from the bank and we cannot get any info inc statements to prove this was happening. Were banging our heads against a brick wall!!!

This is what we have been fighting all this time inc issuing SAR's etc, everything has been completely ignored. Now were back in court!

What can we do? any ideas please !!!

[Determined1]

Thanks for the advice.

Yes it's a secured business loan in joint names from HSBC. I cannot quote an exact amount of money that I agree on because they will not provide me with statements etc.

We had incurred excessive charges due to our business bank manager working outside of banking hours i.e. 7am (we only found this out after extensive investigations), he checking what was due to go out of our account that day and then he would refuse to honour the checks a direct debits. Some days this would also include all our staffs wages that were due to be paid by bacs.

But he chose to ignore that fact that at 9am on these days our invoice financing credits would be showing, therefore our account had sufficient funds to honour our payments etc.

He has since been dismissed from the bank and we cannot get any info inc statements to prove this was happening. Were banging our heads against a brick wall!!!

This is what we have been fighting all this time inc issuing SAR's etc, everything has been completely ignored. Now were back in court!

What can we do? any ideas please !!!

[citizenB]

All I can do is flag your thread for assistance, this is way outside my knowledge base.

[Determined1]

Thank you, your help is very much appreciated.

kind regards

A very nervous member

[citizenB]

I fear that someone may not visit your thread in good time.

 

I suggest all you can do is take a copy of all the paperwork you have - along with your defence and witness statements, which you would have already submitted to the court etc.. Your income & Expenditure form showing how much you can afford to pay a month.

 

You need to impress upon the court that you have been denied access to documents that would help your case , in particular statemetns that would prove they are not entitled to the amount they are claiming.

 

I do wish you all the very best and I am sorry that I am unable to help any further.

[Determined1]

Thank you, i will do.

[gina g]

Hi Determined 1, I have also been and still am a victim of Marston Groug and HSBC Factoring. My circumstances are pretty much the same as yours!!! its strange how my figure was also £17K? I am speaking to a solicitor at the moment who is dealing with this. His name is Milton and he hopefully will be asking the courts to set the order aside due to the fact that HSBC fatoring went to court with out my knowledge!!!! The so called amount due was supposed to have been chased for which i asked for evidence, the reply i got was that they could not supply any information because after 3 years the account is closed and information destroyed. I then asked for the evidence that was produced in court, they informed me that it was just a copy of the agreement and a cluse breakdown. Marstons will add interest on!!! My payment of £17K is now £20K, i pay £100.00 a month and have done for the last 3 years but the amount seems to go up instead of down, I will of course let you know how i get on over the next few weeks with the order.

 

Regards

Gina g