HSBC,DG SOLICITORS, Northampton County Court

[huntress]

Hi

I have received a Claim Form from Northampton county court regarding an overdraft of less than £3000, the account HSBC have closed.

 

I have sent a letter to DG solicitors asking for CPR request last friday 20/7/2012 aslo I acknowledged AOS on time I phoned the court and they have received.

 

But I could not postpone defence. The court says when I acknowledged I postponed to 30/7/2012.

 

I do not think I will get reply from DG solicitors on time for court so I think I should better put in defence which would be for the enormous amount of charges put on the account in the last 10 to 15 years for which I am pretty sure are unlowful. I don't know how to write defence or what should I do.

Edited July 22, 2012 by citizenB
formatting

[citizenB]

Hello.

 

Can you please let us know the date of issue on the claim form - you will find it top right hand corner of the claim form.

 

Also, can you please let us know what it says on the claim form.. why they are issuing the claim form. You will find that on the left hand side of the form in the larger space.

 

The time you have is ..

 

issue date + 5 days for service + 14 days to acknowledge the claim (which you have done) + 14 days to submit defence.. which -= 33 days from the date of service.

 

I do not think you will be able to counter claim for the charges on an overdraft. The consumer lost their fight against these in the Supreme court in 2009.

 

When did HSBC close the account ? and when was the last time you paid any money towards the debt.

[huntress]

Hi

thanks for reply

The issue date is 27 Jun 2012

 

Particulars of Claim:

The Claimant's claim is for the balance outstanding under a Bank account facility the Claimant agred to maintain for the Defendant(s). It was a term of the Bank account that any debit balance would be repayable by the Defendant(s) in full on demand. Despite demand dated 6/3/2012, the Defendant(s) has/have failed to repay the amount due.

And the claimant claims:

1. 2772.85

2. Interest pursuant to Section 69 of the County Court Act 1984 at a rate of 8.000% per annum from the date hereof at a daily rate of 0.61 to the date of Judgment or sooner payment.

 

The account was within agreed £2500 overdraft until last autumn and it has not been used since than. HSBC closed the account early this year.

[huntress]

Looking through other theads I noted johnnymitch from 2010 advice for SAR which is nearly same what I sent to DG SOLICITORS but I have not included £10. Should I resend with £10 postal order?

 

Also it says that DG have 40 days in which to reply. Today is 23rd and I need to put in defence by 20/7/2012. Please advise what to do.

[huntress]

sorry, defency should by by 30/7.2012

[citizenB]

Date of issue 27 June + 5 for service = 2 July + 14 to acknowledge service = 16 July + 14 to submit defence = 30 July

 

 

You certainly dont have enough time to send off a Subject Access Request.

 

Did you send a CPR31.14 to the solicitors when you received the claim form? You dont enclose any money with that.

 

I am not quite sure what to advise you.

 

You say the o/d facility was within its agreed limit of £2,500 - they are claiming £2772. which is £272.00 over the agreed limit. -

 

Did they continue to add interest and charges until they withdrew the facility.

 

Did they give you any reason for their withdrawal of the facility ?

 

I will try and find some help for you.

[huntress]

HSBC has added money I did not go over agreed limit. The account was closed by them in April and then passed onto Metropolitan collections and then in May passed to DG solicitors.

 

The letter from HSBC in april says - as we have been unable to reach a mutually acceptable payment arrangement, your account will be referred to Metropolitan collections.

As I said the account was not used from last autumn since I have been away most of past year trying to help a sick sister.

 

I sent letter to DG solicitors for CPR request listing about 10 points copied from standard letter on friday 20/7/2012 10 days before defence is due.

 

Many thanks for your time

[citizenB]

I wonder if it might be worth a shot at you trying to agree and extension of time with DG Solicitors.

 

It will mean you having to telephone them and if they agree, they will have to be very quick in sending you written confirmation.

 

You will be asking them for an extension under CPR 15.5 - this allows the parties to the case to agree an extension of up to 28 days.

 

As there is very little time, you will probably require them to email you confirmation so that you can inform the court of the extension (it is your duty to do so). You will need to copy the confirmation to the court as proof.

 

You will need to ask to speak to the file handler on your case. If they dont agree, then that is something we can pop in your defence.

 

So, give that a try. Advise that you had written to them under CPR31.14, to which you have not received a response. Your defence is due to be submitted by 30th July. Will they agree to an extension under CPR15.5. If yes, would they please email you immediately, their confirmation, in order that you can inform the court.

 

If they dont agree, then simply hang up, come back and let us know and we can work on something for you to submit in order to avoid a default judgment.

[huntress]

Will do that in the morning and then let you know.

Much appreciated

[huntress]

Hi

DG Solicitors do not want to postpone defence. They have received my letter CPR requests but will not respond without £10.

Also were asking on what basis will my defence be. I did not say.

My impression is they do not have it.

I will send the letter again today with postal order for £10 and will phone the court to make sure thet its ok to send defence on Monday by 3pm if you think that s ok.

Thanks

[huntress]

Phoned court defence due on Monday 30/7 by 4pm.

Do I send DG Solicitors same letter with £10 or you want to suggest another?

[citizenB]

Erm.. no, on what basis are they charging you for a CPR Request.. they cannot do that.

 

I will try and find some help for you - I think you are going to have to enter a defence which advises the court of the claimants' solicitors actions.

 

Dont worry we will have something for you to submit by Monday.

[citizenB]

Can you post up exactly what you sent to the solicitors by way of the CPR request, please.. reading back over your thread, I rather suspect that you sent them a Subject Access Request for which they CAN charge £10.00. However, there is absolutely no way you will get them to respond in time to submit a defence...

[huntress]

I have sent them another letter on Friday being totally distraught. I am battling my own health issues by the way. Ok this is what I sent on Friday with £10 postal order.

 

Dear sir

RE:

COR 31.14 request

On 2nd July 2012 I received the Claim Form in this case ussued by you out of the Northampton County court.

I confirm having returned my acknowledgment of service to the court in which I indicate my intention to contest all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the following:

1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any genenral conditions incorporated in the contract should also be attached.

2. The assignment

3. The default notices

4. The termaination notice

5. Any other document mentioned in the Particulars of Claim

Although your claim is for a sum which is not more than £5000 and will in all likelihood by allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filling my defence.

I enclose £10 postal order.

If you are unable to comply with this request and believe that you will bever by able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extenstion of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours...

 

That ends there. Just to add for citizenB that I have no legal training at all, but that is obvious.

Many thanks

[huntress]

Hi

Is it possible to respond (defence) by requesting a defence under the Disclosure Act, in other words I want the court to instruct DG Solicitors to provide what I had requested, a true copy of the signed agreement?

[citizenB]

You dont need to send money with a CPR request.

 

Have you entered a defence ?

[huntress]

Hi

yes I have centred on the steps I have taken to get more info from DG Solicitors and their reluctance to cooperate and also asking for an order for pr-action disclosure against the Claimant.

To be honest my head is spinning of it all.

[citizenB]

Ok, nothing more can be done until you hear from the court.

 

The claimants have 28 days in which to decide whether they want to go forward with this..

[huntress]

Hi

I had a letter from DG Solicitors saying their client has been unable to locate a copy of the account opening documentation but have copy statements and copy letters of demand dated March 2012.

They are asking me to confirm that I no longer dispute the claim and sign the form they have provided and to return it by the 5th October.

Further they are saying that they sent me that letter on 8th August and now are saying that in default of a response from me by 21 August 2012 they are instructed to apply for an order that my defence be struck out and judgment entered for the full amount due. Once judgment has been obtained we may take enforcement action...

I never received a letter from them in August and I thought they had about a month from my defence on 30 July to take action at the court and that I should then hear from court.

Could you advise what to do.

Thanks

[Old Cogger]

Hi

I had a letter from DG Solicitors saying their client has been unable to locate a copy of the account opening documentation but have copy statements and copy letters of demand dated March 2012.

They are asking me to confirm that I no longer dispute the claim and sign the form they have provided and to return it by the 5th October.

Further they are saying that they sent me that letter on 8th August and now are saying that in default of a response from me by 21 August 2012 they are instructed to apply for an order that my defence be struck out and judgment entered for the full amount due. Once judgment has been obtained we may take enforcement action...

I never received a letter from them in August and I thought they had about a month from my defence on 30 July to take action at the court and that I should then hear from court.

Could you advise what to do.

Thanks

 

 

 

Here we go again the HSBC Phantom Letters!!! so predictable.

[noddy997]

Hi

I had a letter from DG Solicitors saying their client has been unable to locate a copy of the account opening documentation but have copy statements and copy letters of demand dated March 2012.

They are asking me to confirm that I no longer dispute the claim and sign the form they have provided and to return it by the 5th October.

Further they are saying that they sent me that letter on 8th August and now are saying that in default of a response from me by 21 August 2012 they are instructed to apply for an order that my defence be struck out and judgment entered for the full amount due. Once judgment has been obtained we may take enforcement action...

I never received a letter from them in August and I thought they had about a month from my defence on 30 July to take action at the court and that I should then hear from court.

Could you advise what to do.

Thanks

 

Exactly the same thing happened to me HSBC said they gave me the £200 offer settlement which they never did and made one up for DG when I issued proceedings, however I have letter saying to them "as previously stated I will persue this further if I dont get a reply". They make crap up!!!

[nomorecrooks]

Exactly the same thing happened to me HSBC said they gave me the £200 offer settlement which they never did and made one up for DG when I issued proceedings, however I have letter saying to them "as previously stated I will persue this further if I dont get a reply". They make crap up!!!

 

I have had a very similar experience with DG; they certainly lie given the opportunity. In my case the incorrect HSBC entity claimed against me; as part of my defense I pointed out that I did not hold an account with the Claimant but rather a different entity. DG wrote to me denying that then entity I named in my defense exists now or has ever existed. The funny part: the same day I received DG's letter the HSBC entity that held my account was charged with fraudulent activities. Too funny!

[citizenB]

huntress, is there an update for this, please ?

[Old Cogger]

D.G. do noyt lie. , well they told me I had a CCJ which I had not then as they could not get their act to-gether it had been stayed.

[huntress]

Apologies for such delay but so far nobody is asking anything from me since that DG letter in September to which I did not reply.

Regards