Cabot/mortimer claimform - +15 yr old HSBC Credit Card 'debt' - ** CLAIM DISCONTINUED **

[saintorsinner]

Part of my defence was no paperwork along with several other points.

 

so do i have to give them 2 months to find?

[Ganymede]

No you don't have to agree.

[saintorsinner]

so if i dont agree can then i issue my defence saying they havent issued the paperwork

[saintorsinner]

the judge wont discount that in my arguements

 

what does everyone think? how should i proceed with this document?

[dx100uk]

why give them more time to magic up paperwork

 

 

file on time the holding/no paperwork defence

around in many threads here

 

 

as post 91

 

 

dx

[saintorsinner]

Perfect thank you!

 

it sounds like there werent expecting those letters.

[dx100uk]

they don't expect people to defend no

 

 

they hope by issuing 1000's of speculative claims every week

that they are not defended and they win by default

 

 

dx

[saintorsinner]

So for my defence how does this look?

. Paragraph 1 is neither admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement.

 

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed;

[dx100uk]

sort of getting there but not quite

 

 

bring down their POC too

 

 

and align to that.

 

 

post 4 here is good

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?423377-County-Court-Claim-MKDP-LLP-HSBC-Credit-Card***Claim-Discontinued***

[AndyOrch]

Responding to your PM

 

If you could read and respond to the following again in full providing as much information as possible....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

There is not enough information on your thread to enable advice on your defence.

 

Regards

 

Andy

[saintorsinner]

Name of the Claimant ? Cabot UK

Date of issue – 17th of April

 

What is the claim for –

 

By Agreement between HSBC bank PLC and the defendant on or around 18/10/1996 ( the agreement)

HSBC agreed to issue the defendant with a credit card upon the terms and conditions set out therein

In Breach of the agreement the defendant failed to make the minimum payments due and the agreement was terminated.

The agreement was assisgned to the claimant .

THE CLAIMANT THEREFORE CLAIMS £768

 

What is the value of the claim? £768

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card

When did you enter into the original agreement before or after 2007? Before

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Been assigned

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, not sure

 

Did you receive a Default Notice from the original creditor? It was defaulted in 1999 ish?

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments?

The original creditor , closed their collection account 13 months ago.

As a result payments were retuned back to my account.

I was never informed of the new terms and conditions and was unaware that the debt now exisited Ie, full payment was required.

 

What was the date of your last payment? December 2013

 

Was there a dispute with the original creditor that remains unresolved? NO

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? Yes in 2000 , it was agreed to oay £10 a month

 

What you need to do now.

Edited May 10, 2015 by saintorsinner
adding more details

[AndyOrch]

When did you enter into the original agreement before or after 2007? Before

 

You need to clarify the exact date of the agreement because the particulars refer to HSBC....who took over Midland In 1992, HSBC Holdings plc acquired full ownership of Midland Bank.

[saintorsinner]

It would have been 1995 ,

[saintorsinner]

I know that it was in 1999 that the bank changed its name from Midland to HSBC , so am sure all agreements would have been midland before that would it?

[Old Cogger]

original cards were usually 1 x Midland Visa & 1 x Midland Mastercard

 

 

usually 1 piece of white paper with name address date signature not a full CCA1974?

 

and HSBC in no case I know of has been able to produce anything like a CCA1974 from Midland Bank! they try to delay tactics to after a court case then SAR is finally contain Credit card Application not found? personal experience, and nobody wants to know about it i.e. SRA legal regulator FCA.etc

[saintorsinner]

thanks Mike yes that rings a bell two cards ! sharing one credit limit

[AndyOrch]

So it is a HSBC agreement......

 

 

1.By Agreement between HSBC bank PLC and the defendant on or around 18/10/1996 ( the agreement) HSBC agreed to issue the defendant with a credit card upon the terms and conditions set out therein

 

2.In Breach of the agreement the defendant failed to make the minimum payments due and the agreement was terminated.

 

3.The agreement was assigned to the claimant .

 

THE CLAIMANT THEREFORE CLAIMS £768

 

 

Proposed Defence

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1.Paragraph 1 is accepted that I have had financial dealings with(Insert Original Creditor Bank) in the past but I am unaware what account/agreement this claim refers to.

 

2. Paragraph 2 is denied It is is unclear that any breach has taken place , as despite having financial dealings with HSBC in the past. HSBC has not been in contact since 2000 , no statements no formal demands no Notice of Sums in Arrears for payment or letters have been sent to myself advising of any breach of agreement. I have asked the claimant to provide evidence of such , which they have failed to comply.

 

3. Paragraph 3 is denied neither the Original Creditor nor the Claimant have served or provided any Notice of Assignment pursuant to the Law and Property Act 1925

 

 

Therefore the Claimant is put to strict proof to:-

 

a) show how the Defendant has entered into the agreement referred to; and

b) show how the Defendant has reached the amount claimed for; and

c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

Despite a request being made under the customer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s78 request.I understand that any alleged Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act.

 

A request was made using CPR31.14, on reciept of this claim,this has also failed to elicit a copy of the agreement and other documents on which the Claimant is basing their claim on.

 

 

5. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Just 2 & 3 for you to answer saint.

 

Regards

 

Andy

[saintorsinner]

2. It is is unclear that any breach has taken place , as despite having financial dealings with HSBC in the past. HSBC has not been in contact since 2000 , no statements no formal demands for payment or letters have been sent to myself advising of any breach of agreement. I have asked the claimant to provide evidence of such , which they have failed to do.

 

3. There has been no letter from HSBC to advise of any such assignment and the debt is clearly contested

 

 

How does that sound?

[AndyOrch]

Perfect Saint...check post #117 above now I have incorporated and tweaked your additions slightly.

 

Andy

[saintorsinner]

the mcol website isnt working , so tried to register and now the user name and password isnt working

[dx100uk]

quite usual at the moment

 

 

you have till 4pm Tuesday

[saintorsinner]

Great Ive sent my defence via email and posted just to be on the safe side.

 

So what happens next?

[dx100uk]

next move is theirs

they have 28days

 

 

time to go read a few threads here.

 

 

dx

[saintorsinner]

Cheers , for that .

 

Should I data subject access CABOT/HSBC Just so I know how much charges are on this account?

 

 

I know the account was in default for a while before the account was eventually closed so it ran up at least £420 of charges ,

which if you apply the 8% takes the amount to around 800.

 

 

Ideally if this does go to mediation id be wanting this to be taken into consideration ,

 

 

This is my get of jail card.

 

 

Does that sound a sensible approach?

 

 

These are the £35 a time charges which were made unlawful i do believe ?

 

Upon reading the threads , it sounds like many have at this point made a offer to settle?

[dx100uk]

you use theitr int rate compounded not simple 8%

 

 

dx