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I have an interesting (I hope) story to share with my fellow CAG's:

 

I had an account with HSBC Bank International Ltd (the "Bank") at the Isle of Man for many years.

 

In 2009 / 2010 the account was at its overdraft limit. I had a direct debit to a HSBC branded life insurance policy (Aviva was the underwriter, it was just HSBC branded). The Bank bounced my DD to the insurance. I receive a letter in the post stating the policy is null and void becausre of the returned DD.

 

I speak to Aviva, yes the policy is now dead. I speak to another insurance co and obtain replacement life cover.

 

The Bank meanwhile reinstitutes the DD and takes the money for the next two months before I notice. I speak to Aviva again, no they cannot and did not restart a DD and yes the policy is dead (all via a written letter). So if I didn't start the DD again and Aviva didn't that only leaves HSBC!

 

I get very angry with HSBC, scream and shout at them. They respond by returning the money they stole and state that the matter is now closed!

 

My view: they stole my money, sure they gave it back but they need to do a lot more to make the problem go away; imagine if roles were reversed!

 

In Q3 2010 DG Solicitors sue me via Nothampton CC. I put in my defense pointing out that the Claimant is not HSBC Bank plc but rather HSBC Bank International Limited plus that the Bank pinhed my pocket and needs to do more than return my money. 33 days go by and the Bank does not respond so the claim is stayed.

 

In December 2012 the Bank applies to Nothampton to strike out my defense under CPR 3.4(2) and applies for summary judgement. Among other statements by the Bank is that HSBC Bank International Ltd does not and has never existed.

 

Northampton grants the stay being lifted (27 months after the claim), strikes out my defense and transfers the claim to my local court. The first thing I hear of this is the notice from Northampton that my defense has been struck out and the application for summary judgemnt transferred to my local court.

 

I apply to my local court to set aside the decision of Notrthampton and to find the applicant (DG is HSBC and vice versa) guilty or perjury as HSBC Bank International Limited does exist!

 

Now I have a hearing in mid February to reverse Northampton.

 

My view is to attach CPR 3.4(2) because the Claimant waited 27 months contrary Practise Direction 23 that it is done "as soon as possible". I attack lifting the stay because the delay has prejudiced my position as I need to rebuild my case after 27 months.

 

The perjury / contempt of court: the claimant obviously knows where my account was held and obviously knows the jurisdicton. That it lied to Northampton so as to obtain the decision it did is prima facie evidence of perjury / contempt of court.

 

Please give me your views of the foregoing!

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  • 2 weeks later...

Moved to Legal Issues forum where I hope you'll get the input you seek for your case.

 

:-)

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So on what basis did DG issue proceedings nomorecrooks?

 

Andy

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DG play very dirty – be careful. They make applications to court and send evidence to court without serving on defendants.

 

As andy asks, what did they sue you for?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Hello, DG claimed for the proportion of my overdraft which I had not / have not repaid.

 

I had my first hearing ay my local court on this matter last week:

 

  • The Court dismissed my suggestion that DG had been in contempt / perjured itself by denying the existence of HSBC international;
  • The Court took the view that we should have a proper hearing and that DG / HSBC need to supply documenation about the goings on in the account.
  • The Claimant sent an hourly lawyer ewho used "I just got the case" whenever he was asked an uncomfortable question.

So the next hearing will be to try to determine what I owe the Claimant net of what it took from me. Overall I am very unimpressed with the quality and care with which DG aproached this matter.

 

Thanks for your advice, any further would be welcomed!

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  • 4 weeks later...

An update of sorts:

 

 

  1. I sent a SAR in mid January; I reasonably expected to receive among other things the following:
    • Account opening paperwork
    • Documentation relating to the overdraft
    • Account monthly statements

[*]Surprise, or not, I dod NOT receive any of the above three sets of documentation. Given that this is a live court case I propose to seek a stay on the basis that the claimant has not fulfiled its obligations under CPR 31; the claimant has failed to supply dovcumentation to which its claim refers and which I have requested namely the account opeing documentation and the overdfaft documentation.

By way of an aside the HSBC compliance department has hinted that they may no longer possess the said documentation.

 

Thoughts PLEASE!

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Think you should be going for an ‘unless’ order.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Did the judge order HSBC to produce any documents? If so, and they haven’t, you can apply for an order for them to produce in seven days, and unless they do so, the case shall be struck out.

 

Looking at your first post, I think DG sent the application to the court without sending you a copy. You should ask the court for copies of the application and any evidence/WSs. As I said earlier, DG have a habit of not sending notices and WSs to defendants but telling the court they have.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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  • 2 months later...

OK, frustrating news on this case:

 

 

  1. after a number of hearing judgement was made in favor of HSBC.
  2. the judge ignored my request for HSBC compliance under 31.14 as he (the judge) had not ordered it. I had evidenced to the Court that HSBC admits that it does not possess the documentation on which its case relies (such as account opening and O/D or loan paperwork).

I would like to appeal because HSBC have lied and lied again to me and the Court.

 

Any suggestions (PLEASE)?

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Would need a lot more info on what happened. Did you request an unless order, as advised?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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