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hoist/Cohen claimform - old HSBC credit card 'debt'***Claim Dismissed with Costs***

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87 Need for default notice.

 

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

 

(a)to terminate the agreement, or

 

(b)to demand earlier payment of any sum, or

 

©to recover possession of any goods or land, or

 

(d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

 

(e)to enforce any security.

 

http://www.legislation.gov.uk/uksi/1983/1561/schedule/2/made - tells you what must be contained in a DN for it to be valid. Yours fails on alot of things as it is a template.

 

61 Signing of agreement.

 

(1)A regulated agreement is not properly executed unless—

 

(a)a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

 

(b)the document embodies all the terms of the agreement, other than implied terms, and

 

©the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

 

Im not sure how to advise you with s61 but it shows your agreement is improperly executed. Maybe Andyorch can advise you there.

 

You must quote acts and show the Judge where things fail, they will not do it for you and will probably rule against you if you dont.

 

You need to understand all of your arguments and have them in writing in front of you before you enter the court.

 

You will be very nervous and you are going against a professional.

 

Can you think of one thing where someone on their first time doing something is going to beat an experienced professional?

 

If you prove their documents fail to comply with the Act you can only hope the Judge makes sure the law is followed.

 

They may still take the view, 'you have a debt pay it'.

 

Sorry to be all doom and gloom. Im not a solicitor or an expert so take my advice for what its worth.

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Should I inform the court?

 

I would retain it for the day of the hearing.....

 

here is the relevant CPR...

 

 

CPR 33....

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part33


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I'm worrying so much about all this and I have a health condition that reacts badly to stress.

 

I'm just going to go into the hearing with all the information I've gathered and that you've all given me and just be honest with the judge.

 

 

Which is I was in a mess when my first marriage broke down and I felt that I did the right thing when I returned from abroad (contacting all creditors based on the information on my credit record)

 

 

everyone apart from 2-3 have complied with my requests for information.

This lot being one of them.

 

 

I'm going to say that I'm not a professional and I'm not trying to get out of my debts.

I just want them to prove that I owe them the money.

It's that simple to me.

 

 

Then I'm going to say where (using the relevant laws) I believe they've not complied and if they can prove it I'm more than happy to pay

- it will be using and I&E as I don't have the money.

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don't let certain posts scare you silly big.

just remember we don't know who anyone really is on these forums...


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Another excellent, informative post dx. Nice job making every sentence on my last post a new paragraph. Youre the man!

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well blocks of text are difficult to read


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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So SWS sent off today (recorded etc etc)

 

In preparation for me losing on Friday shall I go armed with an I&E breakdown for the judge to see exactly how much I cannot afford?

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Its not over until its over Big. Any luck and the Judge wont accept their Default Notice

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So SWS sent off today (recorded etc etc)

 

In preparation for me losing on Friday shall I go armed with an I&E breakdown for the judge to see exactly how much I cannot afford?

 

Just keep a copy of my post #202 ...may come in handy if all else fails.


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Just keep a copy of my post #202 ...may come in handy if all else fails.

 

Andy - the first link doesn't work. Can you give me the part and I'll search for it?

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Dont worry the second is the want you need to read...first link removed.


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Based on experience (and I'm really clutching at straws here) What's people's experience of the person that actually drafts the WS actually turns up on the day of the hearing?

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Based on experience (and I'm really clutching at straws here) What's people's experience of the person that actually drafts the WS actually turns up on the day of the hearing?

 

They invariably ever do...as its a rent a Solicitor for most of the DCA,s and not the draft person of the WS.

 

Therefore its hearsay evidence


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Any sol worth their salt will surely look at their evidence and say "you're not going to win this one based on what you've provided thus far"....

 

Or am I looking at things too simplistically?

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Most of these types of claims the witness statement is rarely ever read by the DJ...thats why you have to make sure hes aware of the above fact


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You know who signed the WS and you have a copy of their DQ...print copies of them and a copy of the above CPR and take this with you on the day...to prove the witness is not in attendance.


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We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Thanks Andy - let's hope I don't need to reply on it but it's in my arsenal should I need it.

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Some advice that I've received from a Solicitor - the fact that I have the original NOA from HSBC will be enough for the DJ to award the judgement to them...

 

Shall I go with my I&E or will I have time to sort that out?

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who are Spire...are they representing Hoist ?

 

Nope. I went to them for some advice on the merits of my case. Howard Cohen are representing them.

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