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

[saintorsinner]

great so I now wait now before filing any defence?

[dx100uk]

yep but don't miss the date

 

 

time to read a few threads e thinks...

 

 

dx

[saintorsinner]

I have just been reading all the threads of defence and many of them end up with the DCA winning

 

considering I have been paying till 2013 when their bank account closed . I have been paying £10 since 2000 .

 

Would i without pred offer help the proceedings?

 

It just sticks in my throat I have tried to do the right thing , they close the account not me to which I have been paying and as a result some shark then picks up the spoils

 

If I went for a tomblin order what additional costs will be added before I get to that stage ?

[saintorsinner]

By the way not sure why I have 2 profile names

[saintorsinner]

Since the credit agreement goes back to pre 1996 .

 

if the agreement at that time did not have provisions to in the agreement to trace debtors ect ,

 

are the 47 searches of my credit file in the last two years unlawful?

[theoldrouge]

Unless they comply with your s78 request s78(6) prevents the granting of a ccj

 

It is statutory the court has no discretion

 

In your defence you would also be putting them to strict proof as to how you entered the agreement

 

Read some of the legal success threads

[saintorsinner]

thanks , I will be looking .

 

if am honest i think the card was just given

[saintorsinner]

would my defence state that , at no time did HSBC contact me in the 12 years plus with a statement,

 

HSBC when their closed their account to which i was paying into, at no time did i receive any letters or demands saying i was behind with my payments

 

surely if they close the account they were paying into its upto them to contact me with new payment details, as I haven't been informed

[saintorsinner]

also at that time I was charged £35 a time for charges , late payments etc so there must be £100s in charges on my account , should i try and reclaim that back?

[dx100uk]

charges might play a part if it ever went down the mediation route

 

 

however their main hurdle is the signed agreement.

 

 

await that CCA return or not!

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

[dx100uk]

so smoogie and saints are the same user obv then>

[dx100uk]

usernames merged to the saints one.

[saintorsinner]

thank you for that.

 

Its a waiting game now,

 

 

I have been reading up and I think I may be able to counter sue on the basis of breach of contract.

 

HSBC failed to inform me of the change in payment details and as a result I was unaware a debt was liable

[dx100uk]

I'd see what happens first with the magic-up paperwork genie first

[saintorsinner]

Just a question ,

 

 

I take it they have 7 days to comply with my request,

what happens if I don't receive a reply back from them till after the 7 days or ,

that they respond pretty close to the time frame.

 

If they do just produce a auto generated credit agreement what am i looking for in their response that would allow me to defend my claim.

 

If memory serves me well it was a student credit card and was issued as part of the opening of the current account i think

[dx100uk]

you file on-time regardless

forget the letter timescales.

 

 

if they supply a complicate CCA we can deal with that

simply scan the stuff up they sent we'll look at it.

 

 

if not the holding/no paperwork defence

on many threads here

 

 

Tuesday 19th by 4pm is your cutoff for defence filing

[saintorsinner]

I have been doing some reading on a defence , and it looks like I have a very strong case for a counter claim on the grounds of breach of contract.

 

 

the judge if it did go to a hearing , wont be impressed that nobody contacted me from HSBC to inform me of their new payment details, furthermore to sell the debt without making any reasonable attempts to contact would be classed as a material breach?. This has even more of a strong case when payments have been made for 13 years with zero contact from hsbc , no statements no letters no nothing

I also can argue that they haven't followed the pre action protcols as they have filed far to early and the orginal letter before claim . was not clear

[Ganymede]

Didn't you breach the contract first by failing to make payments due on your credit card?

 

I personally wouldn't be counter claiming based on that.

[saintorsinner]

it is the responsibility of the bank to update the customer on how to pay this debt, therefore by closing the account and not informing me it is a material breach of contract and a rather major one at that , furthermore it is not my responsibility to read my statements to find this out. it is their problem not mine. Therefore I was not aware that the debt existed and therefore needed to be paid in full as it is now.

 

On the basis I breached first, since they have not taken an legal redress . Untill 14 years later you could agure that have accepted the new terms and conditions I have entered into ,ie the new payment arrangement

[Ganymede]

Ok if that's what you want to do then submit a counter claim and see how you get on.

 

What amount are you looking at for the counter claim?

[saintorsinner]

I ask for the costs to bring the bring the account back to where it was prior to the commencement of legal proceedings. A judge will not accept damages , but will accept modest agreement.

 

 

I will then go down the mediation route if an enforceable CCA was in play and ask for the £35 a time charges on this account to be taken into consideration. which would be at least the same value of the debt at least.

 

 

But again , my defence is fairly fluid until they provide a CCA and a consuus of advice is given from the esteemed group on here. At the moment these are options I am openly discussing in the forum

[panther12]

Who've you been paying money to for all these years and has it been deducted from the balance. I would have done a SAR to original bank to get all the info. If you plan on counterclaiming for charges, although risky I beleive you will have to add the original bank as a part 20 defendant. Here's a copy of a reply I gave to someone else regarding counterclaim + Andys response: I think I would be concentrating on getting the claim dismissed first (no cca is a very strong case) and then look into the charges as a separate issue against the OC.

 

For the counterclaim I think, but could be wrong, that you have to add the OC as a defendant to the proceedings as only the benefit and not the burden can be assigned. To transfer the burden of a contract as well as the benefits under it, you have to novate. Like assignment, novation transfers the benefits under a contract but unlike assignment, novation transfers the burden under a contract as well.

Correct panther...but ideally it should not really have been made against the claimant but against Santy as a separate action.

 

Novation is only possible with the consent of the original contracting parties as well as the new party. Consideration (the 'price' paid, whether financial or otherwise, by the new party in return for the contract being novated to it) must be provided for this new contract unless the novation is documented in a deed signed by all three parties.

 

Legal and equitable assignment

 

The Law of Property Act creates the ability to legally assign a debt or any other chose in action where the debtor, trustee or other relevant person is notified in writing. If the assignment complied with the formalities in the Act it is a legal assignment, otherwise it will be an equitable assignment.

Some transfers can only take effect as an equitable assignment, for example:

an oral assignment;

an assignment by way of charge;

an assignment of only part of the chosen in action;

an assignment of which notice has not been given to the debtor;

an agreement to assign.

 

Regards

 

Andy

[saintorsinner]

Yes HSBC and if am honest I think the amount is wrong , I thought I owed £1900 is I have paid £1500 as for 5 years I paid double

 

Has it come off the balance , i haven't clue as I haven't had any statements since the default in 2000

[saintorsinner]

Updated.... Received a letter yesterday

 

Further to your letter dated 27th april, we are taking our clients instructions in relation to your request and will come back to you as soon as we can

 

we confirm our client is willing to to agree to the extension os 28 days for you to file your defence/ pursuant to cpr 15.5 (2) please notify the court in writing of the agreement

 

so from my understanding I must agree to this?

 

or do I file my defence as planned

[Ganymede]

Do you want the extension?