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    • So this is alleged fraud, rather than a normal debt situation.   Why have UK authorities not been involved, if the person has lived in the UK ?   Perhaps they have tried and got nowhere, so use these interpol red notices to have them detained in a third party country.    I have read online articles that say these interpol notices are being abused by Banks based in UAE.          
    • So nothing to do with deprivation of capital, but bad choices of how they spend benefit monies.   Sounds like they are on a downward spiral to living on the streets and getting into an even worse situation.
    • 4 th time we've merged your threads  for complete history of your story please keeps to one thread
    • @dx100uk @ anyone else interested in Fighting HSBC UK  Staff/department non compliance and incompetence/interference in between HSBC UK and customers.   I wanted to know what you guys had to say about the reply i got from HSBC UK today.    Recap. I originally turned to HSBC UK to be reunited with Money i saved in accounts that where frozen and made dormant during the year 1995.   HSBC UK Teams tell me that HSBC UK only allows them to have access to account records dated back 6 years. there for they do not have the records, can not locate the records i requested for in my SAR. there for HSBC UK teams Ignored my SAR application for records of accounts made frozen and dormant during the year 1995. HSBC then claim if the accounts where closed they will no longer hold records of these accounts and tell that to the ICO. I again explained to HSBC UK and the ICO the records of accounts where left frozen and dormant.   HSBC UK teams continue to tell me over the phone that The records i requested for in my SAR, will not be located or do not exist because HSBC only allows them to have access to records of accounts dated back 6 years.    I returned to HSBC highlighting there is no such provision in the Data Protection Act.   HSBC UK teams today totally ignored my complaint again and confirmed with me they are classing my complaint as wanting to locate accounts that where closed.   Let me know what you think about the  HSBC UK teams response to my last complaint. Is there any other letters i can send them to confirm thay are not correct about what they have done.    The HSBC UK letter starts of by:You've been unable to recover funds you held in HSBC UK Accounts that were closed in 1994 to 1995, and to obtain the account details for the accounts concerned. You've been advised that we only retain records for up to 6 years, but you've been unable to locate any provision for this within the Data Protection Act (DPA). You require a Certificate of Destruction from HSBC UK to evidence the destruction of the data concerned. You feel your Subject Access Request (SAR) has been ignored by HSBC UK.   HSBC UK Teams now go on to explain: In respect of you being advised we only retain records for up to 6 years, but having been unable to locate any  provision for this within the Data Protection Act (DPA), I can confirm that under the DPA, we are obliged to only keep records for as long as we deem necessary, in order to effectively manage our data. So, for most cases, this will be for no more than 6 years.   In regards to your request for a Certificate of Destruction from HSBC UK to evidence the destruction of the data concerned, I regret that this isn't something that we can provide, as we don't keep records of when individual customer data was destroyed. I'd also like to clarify that if the accounts concerned were closed after becoming dormant, that we would have sent you closing statements at the time.   Lastly, I'm sorry you feel we've ignored your SAR. I want to assure you that we'll always look to accommodate a request for a SAR as best as we can. However, if we're unable to locate the account details and information required, this will mean we're unable to fulfil the request, which has unfortunately been the case on this occasion.   How else do you think i can highlight to HSBC that the teams dealing with My complaint, and request to be reunited with my money is not going to departments that can deal with my demand for services.?  
    • Hi   I have to agree if you have paid off the debt owed to them via this meter and are up to date on your bills  I would look at changing supplier and as said asking new supplier to install a standard meter and look for the best deals for you.
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hobba

HP : Fortis Lease uk Can I request for their claim to be struck out as abuse of Court Process?

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Hi Andy

 

Attached is Form N1 and WS with Form N1 two pages, WS of first app 2 pages.

I have deleted details as much as possible...please clean and approve as necessary..

 

I will look forward to your advise and final WS with amended defense and challenge to unfair agreement and relationship.

 

Please note I have not been given notice or copy of 1st application from claimant or their solicitors..They have attached no evidence to contrary...Also Ombudsman could not deal with Unfair agreement as it was taken prior to April 2007. Ombudsman said they do not expect claimant to do any thing more as they offered to refund two charges. In any event I have not accepted that decision so it is not legally binding...There was no obligation on them not to pursue alleged shortfall and wait for my complaints...

 

I will attach WS for 2nd application in a different two replies.

 

I look forward to hearing from you.

 

 

 

 

 

I can still see all of your details through the black pen. Try tipex.

Edited by Ganymede

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Hi Andy

 

Attached is Form N1 and WS with Form N1 two pages, WS of first app 2 pages.

I have deleted details as much as possible...please clean and approve as necessary..

 

I will look forward to your advise and final WS with amended defense and challenge to unfair agreement and relationship.

 

Please note I have not been given notice or copy of 1st application from claimant or their solicitors..They have attached no evidence to contrary...Also Ombudsman could not deal with Unfair agreement as it was taken prior to April 2007. Ombudsman said they do not expect claimant to do any thing more as they offered to refund two charges. In any event I have not accepted that decision so it is not legally binding...There was no obligation on them not to pursue alleged shortfall and wait for my complaints...

 

I will attach WS for 2nd application in a different two replies.

 

I look forward to hearing from you.

 

Attached

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Attached

 

Finally the last two pages of WS for app 2

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Andy can you look at all posts and attachment please ....

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Can you clean attachments as needed and reapprove please Andy

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I can still see all of your details through the black pen. Try tipex.

 

Also, these are all the old documents. Have you got the more recent ones relating to the upcoming hearing?

 

Can you help with cleaning them and reapprove please ...

I have used a permanent marker !

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If you look through you will find that these are all old and most latest docs

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If you look through you will find that these are all old and most latest docs

 

 

 

Sorry yes I see now.

 

Have you scanned their witness statement objecting to your set aside application? Can't find it...

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No I have not .. I will do this now if you need it

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No I have not .. I will do this now if you need it

 

 

 

Well your argument is that both the witness statement opposing the set aside and the witness statement requesting SJ are the same so yes.

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At the set aside hearing it was argued that as it is on discretionary basis and as they believe I have no defence and my defence is fanciful the order should not be set aside.

That failed .. There is not much in their statement other than denial of the facts that they never followed protocols or send balances of alleged debt and the fact that they should have informed court that there is an application to adjourn hearing..

 

I hope this will be enough for you

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My argument is that at the hearing to set aside and in their reply to my defence and on this latest application the facts are the same .please read previous post.

 

Please note I need to file my WS and reply by 7 of Jan

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Well your argument is that both the witness statement opposing the set aside and the witness statement requesting SJ are the same so yes.

 

Andy ..

 

I have written on previous two posts a reply to this.

Can you please advise on when would I get help and WS.

 

Please read all posts and my first post

 

I also need to complete AQ which the Court did not send but worth mentioning this in WS.

 

Also I have already stated before that am not available on Tuesdays , Wed and Fridays on my application to set aside .

Could this be put in my WS as the hearing is listed on a Tuesday !reason child care arrangements!

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Andy..

 

Note the default notice they are referring to was dated March/April 2008 and payments were been made monthly thereafter...Also I have not recieved neither...The default notice was asking for some 771 pounds and I believe was not according to the relevant rules...

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Hi Hobba

 

Will run through your uploads first thing and then see what can be drafted re Witness Statement.

 

Regards

 

Andy


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Ok the claim was set a side of September 2012 to allow both parties to mediate and come to agreement on any alleged balance remaining from sale of a vehicle due to a default on a HP agreement.Failure to settle (28 days) would be followed by the issue of AQs to allow the claim to pursued.

The claimant made an application for SJ in October 2012 based on supporting evidence by way of a WS. The same WS used to oppose the set a side.

 

I assume that you now must submit a further defence following the set of side...the claimants previous applications are now void as the set a side judgment was made and granted in Sept 2012.I would simply resubmit the original defence and particularise it as to why you feel you don't owe the remaining balance and and why you don't agree with the interest applied to the debt outstanding.

 

IMHO you are only prolonging this claim at a cost of further interest and costs I must agree that I can not see a defence with merit and surprised that it was set a side.I personally would now contact the claimant and agree a payment plan for the balance on the agreement....... that they withdraw the claim and both parties to stand their own costs.This can be done by way of a Consent Order (Tomlin Order) which would avoid further costs and and also a CCJ.

 

Regards

 

Andy


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Ok the claim was set a side of September 2012 to allow both parties to mediate and come to agreement on any alleged balance remaining from sale of a vehicle due to a default on a HP agreement.Failure to settle (28 days) would be followed by the issue of AQs to allow the claim to pursued.

The claimant made an application for SJ in October 2012 based on supporting evidence by way of a WS. The same WS used to oppose the set a side.

 

I assume that you now must submit a further defence following the set of side...the claimants previous applications are now void as the set a side judgment was made and granted in Sept 2012.I would simply resubmit the original defence and particularise it as to why you feel you don't owe the remaining balance and and why you don't agree with the interest applied to the debt outstanding.

 

IMHO you are only prolonging this claim at a cost of further interest and costs I must agree that I can not see a defence with merit and surprised that it was set a side.I personally would now contact the claimant and agree a payment plan for the balance on the agreement....... that they withdraw the claim and both parties to stand their own costs.This can be done by way of a Consent Order (Tomlin Order) which would avoid further costs and and also a CCJ.

 

Regards

 

Andy

Hi Andy

 

Thanks ... Can you please draft a sample WS.

There is few issues

 

1. Unfair agreement

2. No protocol followed

3.balance in dispute ..

4. How to articulate this

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Also why would SJ be a use of process ..

 

I understand no need to prolong and don't want to however however that can be done after the hearing .

They are refusing mediation .

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I assume you mean defence? A WS has not been requested ( from the posts you have uploaded).The claim was set a side so it starts from the beginning therefore a defence is required (fully particularised).

 

Andy


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Also why would SJ be a use of process .. The Claim is set a side their application for SJ is pointless and void

 

I understand no need to prolong and don't want to however however that can be done after the hearing .

They are refusing mediation .

Bring that to the Courts attention within your defence

 

Andy


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It is a SJ application and a new one.. I think a WS with defence ..also how to go about the second bit of your advise of settlement ?

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Andy please is it possible for you to draft WS incorporating defence and above ..

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I'm afraid not Hoba I simply don't have the time.This is a self help forum I have given you the benefit of advice and what I would do.I would be ringing the claimant up now and asking for the dealing Solicitor and verbally agree a settlement/consent.They can then vacate the hearing...you will not need to submit a defence and save you the hassle and stress of further litigation.

 

Only you are aware of all the finer details and argument as to why you disagree with this action...playing devils advocate I can not see you winning this...if i could see a quick fix or a error in law then I would advise further...but unfortunately I cant.

 

If you can and wish to proceed then simply draft a defence in your own words as to why you feel you don't owe any balance and their claim is without cause.

 

Regards

 

Andy


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I'm afraid not Hoba I simply don't have the time.This is a self help forum I have given you the benefit of advice and what I would do.I would be ringing the claimant up now and asking for the dealing Solicitor and verbally agree a settlement/consent.They can then vacate the hearing...you will not need to submit a defence and save you the hassle and stress of further litigation.

 

 

Only you are aware of all the finer details and argument as to why you disagree with this action...playing devils advocate I can not see you winning this...if i could see a quick fix or a error in law then I would advise further...but unfortunately I cant.

 

If you can and wish to proceed then simply draft a defence in your own words as to why you feel you don't owe any balance and their claim is without cause.

 

Regards

 

Andy

 

I have their solicitors details ..ok can you direct me to how may be send them an email with offer of settlement ..

How to word it please

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