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HSBC claim form - credit card 'debt'***Claim Discontinued***


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Hi,

I have written to the creditor asking for proof of debt CCA ect and received no response

 

However, today I received a claim form from County Court Business Centre, Northampton in the name of HSBC,

who have been looking after this debt for a couple of years

 

It is from Northampton County Court Business Centre but was posted from Newcastle and says all Documents and payments should go to HSBC Birmingham

 

I assume all that is correct but how should I proceed?

 

I am guessing I should acknowledge receipt on line saying I intend to fully defend and then send CPR 31.14 request to HSBC

 

All help gratefully received

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Hello there.

 

Please could you fill in the information requested in the forum stikky and post it up here? It will enable the guys to advise you. If you're in Scotland, you'll need a different stikky.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**%281-Viewing%29-nbsp

 

HB

Illegitimi non carborundum

 

 

 

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when did you take whatever it is out please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

It was a credit card taken out in 1997

 

And I must apologise this is a proper HSBC account,

the same one that they sent a letter to me confirming they do not have a CCA for this account

and acknowledging that they cannot pursue this through court

 

Having 2 accounts with the same bank and having all this paperwork at my place of work confused me.

 

So to re-cap I have a letter from HSBC stating they hold no CCA for this account

and that they know it is un-enforceable legally but yet I have still received a court form very confused

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Claimant HSBC

Date of issue 18 FEB 2015

 

Particulars of Claim

 

The claimant's claim is for the balance outstanding under a credit card agreement dated 21/03/1997

and numbered 4941************ regulated by the Consumer Credit Act 1974.

The Defendant has failed to make payment of the arrears of instalments as required by the Statutory Default Notice served by the claimant dated 11/12/2013.

 

And the Claimant claims

1. 5114.70

2. Interest pursuant to Section 69 of the County Court Act 1984 at a rate of 8.000% per annum

from the date hereof at a daily rate of 1.12 to the date of judgment or sooner payment.

 

Claim is for a credit card

 

Agreement date 1997

 

Claim by OC

 

Cannot remember Default Notice

 

Never received "Notice of Default Sums"

 

Payments ceased due to financial problems

 

I was paying reduced payments even though I knew there was no CCA

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so it is the debt limked in post 6 please

 

 

have you ack'd the claim and done CPR 31:14.

 

 

I find this strange that HSBC themselves are issuing a court claim on a card they have said in writing they have no CCa for?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DX,

 

Will do the ACK and CPR when at work in the morning

 

I will also post up their letter confirming no CCA

 

It is the fact they have confirmed no CCA and still issued court papers that has me concerned,

what do they know about this account that I don't?

 

Do they have a new tactic?

 

Maybe, to them, it is a test to see what happens

 

Has certainly cost me sleep

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p'haps they are hoping for a non contested default judgement

or there a new junior that doesn't know the ropes.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

there no actual legal remit that they must comply to a cpr.

 

 

I'd not file yet

but have a read around regarding the no paperwork/holding defence in prep mind.

 

 

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Timeline -

 

date of issue - 18.02.2015 + 5 days for service = 22.02.2015 + 14 days to acknowledge = 08.03.2015 + 14 days to submit defence = 22.03.2015.

 

You MUST acknowledge the claim by 8th March.

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I guess the basis of your defence would be that they are in breach of an s78 request made ON DATE, having confirmed in writing that they are not going to be able to comply with this legal request.

 

That they have not been providing the statutory Notice of Sums in arrears notices and you have no recollection of a default notice having been issued.

 

You say you were making reduced payments - when did you cease or are you still making these ?

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I stopped reduced payments in October 2014

I have acknowledged claim on line

 

Oh shoot, if you were paying, even reduced payments until 2014.. then statute barred will not be an option.

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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