Marlin Court Action on HSBC CC, HSBC already said they hold no CCA - help

[citizenB]

I am not suggesting for one moment that you do appeal the decision made today.. however, if you are even considering it.. Please do take the time to have a read of the following.

 

It would appear to me that you were not best prepared for this call today and if you were to appeal, you would really need to be on top of things.

 

BRW on Appealing.pdf

[ZENTRIX9]

Hi citizenB, thanks for your advise. Yes I think you are right, I wasnt as prepared as I should have been, I thought that I had put my case over alright but the opposition kept going on about it said credit agreement on the application form and that it complied fully with the consumer credit act, maybe I should have asked the judge if she had read and fully understood the ACT. Lol

[ZENTRIX9]

Can I get legal aid to help? The only money that has been coming into our house for the last 3 years is Tax Credits, I am self employed but cant afford to pay myself a wage at the moment, my wife doesnt work. We have reduced our mortgage to interest only for the last 3 or 4 years also. Everything we owned we have sold to our parents so the only thing we do have is our house, would this be at risk? If push comes to shove then we will move to Australia.

[citizenB]

Legal aid - I rather suspect not.

 

I believe that a lot of solicitors provide either a free or low cost half hour consultation - you need to check with local solicitors. You definitely require someone who understands Consumer Law.

 

At least you would be able to get a good idea of whether your case has merit.

 

Do you have home insurance ? Check that out - sometimes they have legal cover as one of the benefits.

[TM123]

When was this credit card taken out.

[ZENTRIX9]

Hi tm123, the card was taken out in 2002.

[TM123]

What defence and witness statment did you put to the court

[Old Cogger]

Just looking through the paperwork and see that DG Solicitors sent my wife a letter stating that a County Court Judgment has been entered against her. They have been instructed to enforce this County Court Judgment.

A bit naughty stating this as they are lying, I remember ringing the court and they confirmed that no judgment had been made this was May 2011, it still hasnt gone to court. Do you think that the court will be non too pleased at the underhanded way they are frightening my wife into paying them?

 

 

 

This area of falsely implying a CCJ has been obtained is too common with those non solicitors D,G. , HSBC in house desk, and they apologise to a court along with all the other mistakes, one WS I had was 90% apologies to court for all the areas of mistakes, DJ response these things happen. Then I made a minor mistake on paper and lost a case there and then, when stated as litigant correct the area now with CPR to numbers, no was the reply.

 

HSBC are the most ignorant organisation around, they ignore legislation/Rules and flaun.t guidelines, so know what you mean,

[ZENTRIX9]

Hi all,

 

my wife has had a letter from DG Solicitors saying that they are going for an interim charging order on our house.

 

The court date is set for the 7th January at Kings Lynn Court Norfolk!!!

 

I live in Staffordshire about 3 hours drive away,

 

can we get the court changed then address what we can do.

 

I did send an offer to pay in installments but heard nothing from them.

 

This debt was for a credit card that they got summary judgment over a conference call.

 

Any guideance would be appreciated.

[citizenB]

I have moved your thread to the Legal issues forum.

 

I think we might need more information than you have given. Was this an HSBC credit card ?

 

Summary judgment via a conference call? - can you say what sum the claim was for ?

 

I think yes, you can ask for a court nearer to you. I will flag your thread for more advice for you.

 

Can you give us a little more information regarding the leading up to the claim/summary judgment ?

[citizenB]

Is it a joint debt ? If not, then I think they will only be able to get a restriction on the share of the property of the debtor. I am sure someone will be able to answer your questions..

[citizenB]

Hi, I am advised it is a little too late to do anything about moving the court for the Interim charging order. It has been suggested you must attend the named court and if they are successful, and it is your intention to challenge, then you can ask for the hearing for the Full charging order be moved to a court local to you.

[ZENTRIX9]

Thanks CitizenB, the problem is my wife doesnt drive and I am unable to take her at the moment. If she doesnt attent what will happen? I will try and call the court tomorrow and see if I can sort something out as she cant just catch a bus to get there and the expenses involved in doing that are too much, we just cant afford it.

[ZENTRIX9]

The claim with charges was just over £6K, it was for a credit card debt, we claimed PPI back on it and the contract that they supplied us was an application form. I have a thread on here so I will post it later. They did the summarry judgment over the phone and the lady judge wouldnt have it. I sent them a breakdown of what we could pay but heard nothing, then we got the court papers about an interim charging order. I didnt send the offer by recorded post so I have no proof of delivery so they either didnt get it or they have ignored it.

Do you think I should send this information to the court so they know that I have made an offer?

 

Also, what happens if they get a charging order? If we dont pay them do they get the money when we sell the house? Will interest be added? etc

[ZENTRIX9]

http://www.consumeractiongroup.co.uk/forum/showthread.php?362462-Court-conference-call-with-HSBC-help-needed-credit-card

 

Link to the history above

[citizenB]

This debt is just in your wife's name, yes ?

 

Is the mortgage/home ownership in joint names ?

 

If so, then they will only be able to register a restriction on her interest in the property.

 

Can you telephone the court today and see if there is any way round the location of the court.. let us know what they say and we can put our thinking caps back on.

 

From start to finish this appears to have been a shotgun judgment - SJ by telephone ? and now a court miles from anywhere !!

 

When you speak to the Court clerk, check that they have received all the information you sent - if not, as if you can email/fax it to them.

[Ganymede]

Seems odd that the Court where the hearing will be heard is so far away, is the ICO on the home that you live in or do you have a second property?

 

As citizenB says call the Court but the likelihood is that attend or not the FCO will be granted.

[ZENTRIX9]

I called the court earlier today and the lady said that if I sent it in by email today they would change the hearing to my local court

 

I sent the court this also :-

 

Regarding the above claim no I would formally request that the hearing be transferred to my local court at Walsall. Kings Lynn County court is 134 miles and 2 hours 47 minutes away from where I live and will be impossible to commute to as I do not drive.

I have sent an offer to the claimant and have heard nothing from them and now I find myself looking at a charging order? I am wondering if they had received it or have ignored it. I have included a budget sheet below to show you my financial circumstances which are not ideal at the moment but will hopefully improve within the next 12 months as my husband has had promise of increased work . I have no savings. I therefore would like to offer to pay £5 per month rather than the token £1 to show that I am trying to pay as much as possible. I would like to object to the interim charging order as this may affect my husband gaining work and may cause us further problems with our mortgage company. We have reduced our payments with them to interest only so we can address our more urgent debts more quickly.

I may within the twelve months be able to offer a full and final settlement if we are allowed to pay the £5 per month.

 

Number of people in my household is 5

 

Income monthly

 

Wages/salary0

Wages/salary (partner)0

Tax Credits996

Money from other people0

Family allowance 188

Other0

Total income1184

Outgoings monthly

 

Mortgage/rent136

Second mortgage/secured loan0

Ground rent/service charges0

Buildings/contents insurance36

Life insurance/endowment18

Council tax95

Gas70

Electricity50

Water30

Food/housekeeping368

Travel200

Telephone23

TV licence/rental12

Clothing/emergencies30

Prescriptions/health costs0

Bank fees 53

Credit card 20

Other0

Total outgoings1141

 

My total income is £1184

My total outgoings are £1141

 

This leaves me an available income of £43 for my creditors

[ZENTRIX9]

Ok, got a letter from the court at Kings Lynn, the case has been transfered to my local court. I will now wait for a date.

 

The letter states :-

 

1. This case be transfered to the defendants home court

2. The hearing at the bulk Charging Order Unit based at the Kings Lynn County Court is hearby vacated; to be re-listed upon receipt by the court of transfer for consideration as to wether the interim charging order shall continue together with any representations the defendant may wish to make.

3. The interim charging order do continue in the meantime.

 

Anyone have any suggestions on what to do or prepare in the meantime.

[ZENTRIX9]

Ok I am at court tomorrow representing my wife for the final charging order. Can anyone suggest what to do?

[citizenB]

I will try and find some help for you.

 

Well done on getting the hearing moved to your home court, BTW - I missed that

[citizenB]

Have left S.O.S for you - I am sure someone will pop in later on.

 

I am still baffled how this was ever won by the other side in the first place.. Summary Judgment on the phone !!

 

You will need to take all your paperwork with you, the Income & Expenditure form etc..

 

Have you written a Witness statement from you, advising why you are against the Charging order ?

 

The Mortgage is not with HSBC is it ?

[debbbbsy]

The charge will only be against her share of the assett in your property.

 

Why is she not attending ? The judge wiii not look favourably unless you have a real genuine reason.

 

What is her defence to the charging order ?

 

If she admitted liability and agreed to the CCJ and failed to comply with the judgment order, than the Charging order will be automatically granted. Your attendance will not defer that. The judged will be legally forced to grant the charge unless you can prove the money is not owed and the CCJ was gained incorrectly/unlawfully.

 

Now if she has other debts, you have dependants, you are a named on the deeds to the house, than your only course of defence is to stipulate restrictions on the charge. I guarantee you this is your best course of action.

 

1. Ensure that there is no pre-judgment interest being charged to the debt.

2. That they can never ever apply for a Sale Order.

3. The restriction only applies to her portion of equity.....is there any ?

 

If your partner cannot spare the time to attend....which the judge will not appreciate. You must instead stress that your attendance is purely to ensure that you are there to protect yourself, keep a roof over your head that you are paying for,apologise for your lack of court knowledge and procedures. I assure you that this course of action is your only defence.

 

Accept that the charge will be granted, ensure that it is only granted with restrictions and than afterwards negotiate with the claimant. Once they have the charge, if a restriction prohibits therm from applying judgment and forcing a sale, it than puts you in a position to negotiate. Either leave it there until such time you want to sell, or offer a reduced figure as a full and final settlement on the understanding thay agree to remove the restriction.

 

I'm also pretty certain that as the restriction is only on her share, this will not prevent you from selling the house.

 

Why do I know. I have been there. I speak from experience.

 

Debbie xx

[ZENTRIX9]

Thanks B, Yes I have one at work ready to take with me tomorrow. Do I need to take all the paperwork relating to the case?

My wife and myself have had a rough time over the last 5 years, lost my dad to cancer, lost the family business (trading 29 years), reduced our mortgage to interest only, managed to pay all our bills except the credit cards. I have started a new business and ploughed every penny I have into it and now finally its coming good, its a niche market and I am very well known. I also have had 2 people approach me and want to invest in my business as sleeping partners and want no say in how its run.

If this charging order goes ahead I am afraid that all the hard work I have put in will have been for nothing. I am just about to seal a deal with a German company which will give me at least £25k - £100k per year nett profit (all monies paid upfront with order!) Its taken 3 years to build this business up to a point where I will be able to draw a wage at the begining of the next tax year. I would then be in a position to offer a full and final settlement.

 

Any advice after reading the above?

[ZENTRIX9]

The charge will only be against her share of the assett in your property.

 

Why is she not attending ? The judge wiii not look favourably unless you have a real genuine reason.

 

What is her defence to the charging order ?

 

If she admitted liability and agreed to the CCJ and failed to comply with the judgment order, than the Charging order will be automatically granted. Your attendance will not defer that. The judged will be legally forced to grant the charge unless you can prove the money is not owed and the CCJ was gained incorrectly/unlawfully.

 

Now if she has other debts, you have dependants, you are a named on the deeds to the house, than your only course of defence is to stipulate restrictions on the charge. I guarantee you this is your best course of action.

 

1. Ensure that there is no pre-judgment interest being charged to the debt.

2. That they can never ever apply for a Sale Order.

3. The restriction only applies to her portion of equity.....is there any ?

 

If your partner cannot spare the time to attend....which the judge will not appreciate. You must instead stress that your attendance is purely to ensure that you are there to protect yourself, keep a roof over your head that you are paying for,apologise for your lack of court knowledge and procedures. I assure you that this course of action is your only defence.

 

Accept that the charge will be granted, ensure that it is only granted with restrictions and than afterwards negotiate with the claimant. Once they have the charge, if a restriction prohibits therm from applying judgment and forcing a sale, it than puts you in a position to negotiate. Either leave it there until such time you want to sell, or offer a reduced figure as a full and final settlement on the understanding thay agree to remove the restriction.

 

I'm also pretty certain that as the restriction is only on her share, this will not prevent you from selling the house.

 

Why do I know. I have been there. I speak from experience.

 

Debbie xx

 

Thanks Debbie, my wife wont be able to attend as she has an ongoing problem with her knee at the moment, it is swollen like a football and she is unable to walk at the moment. She has arthritis in 1 joint and it flares up every so often, just my luck for it to happen now!

 

If she admitted liability and agreed to the CCJ and failed to comply with the judgment order, than the Charging order will be automatically granted - We didnt admit liability she was given judgment over the phone (conference call) the so called credit card agreement was an application form and she was also missold PPI, she wasnt given a chance to go to course to defend her case at all. Stitched up I think. She sent an offer of payment as she couldnt pay the judgment in full and they never got it so they applied for an interim charging order and thats where we are at the moment.

 

She has no other debts and I am named on the deeds of the house also, we have 3 children still at school.

 

1 and 2, I will voice my opinion, 3 there is approx 80k equity in the house.