HSBC Claimform - card from 2002 'debt' ** CLAIM DISCONTINUED **

[panther12]

If you're going to settle anyway and the claimant has offered settlement terms to pay only the 2.5k via a consent order, then why do you want it to continue and pay all the costs + int on top! The claimants sols will draft up the order & schedule for you to agree and sign and have done. As long as you keep to the agreed schedule that will be the end of the matter and it's confidential so no one else will know.

 

If you're worried that having settled on the CRA will flag your other creditors to the fact you've paid it off, having settled on your credit file won't mean jot to any other creditor. Some creditors sell on debts and will mark the CRA as settled but the new owners don't always continue reporting to the CRA so you can have a debt marked settled on the CRA without even paying it off.

[zeek06]

Replying to numerous posts - thanks to all for offering advice!

 

" They " have not issued court claims so until that day ever happens....so what ?

Andy, I don't want to reach that stage and act upon it when I get a claim on my doorstep, then wonder what to do - that's utter falacy.

 

So, to repeat yet again, my query: is there any (legal) merit in the assumption I think I explained in great detail in my previous posts that the other unsecured creditors may have been treated "unfairly" by satisfying a claim in full with one creditor and completely ignoring the others? I don't want to hear arguments like "they won't notice", "they can't see your credit profile" and the like. Please!

 

Threads merged...I didn't realise it was still connected to this thread...as your posts are getting rather complicated now.

Sorry Andy, I didn't mean to be challenging you all and pestering for advice...My apologies!

 

Alternatively, private funding from family and none of your business might work !

That's my line of thinking as well.

 

The solicitor in question is employed within HSBC and at our earlier email exchange I suggested dumping the whole of this claim on my mortgage as my initial outlay will be virtually nil, but the response given to me was that my mortgage with HSBC is completely separate matter and that the solicitor in question will treat it as such and not get involved with my mortgage affairs.

 

My intention now is to quote this in my response and ask the question why is that same solicitor interested in my mortgage affairs all of a sudden? Diabolical, isn't it?

 

well if HSBC are that ruddy concerned about your mortgage arrears and the effect this lump sum might have on it...

....WHY START THE FLIPPIN COURT CLAIM IN THE FIRST PLACE!!

Good point dx!

 

If you're going to settle anyway and the claimant has offered settlement terms to pay only the 2.5k via a consent order, then why do you want it to continue and pay all the costs + int on top!

See Andy's explanation on the previous page - I don't want any trace of this claim left behind. I also don't want my local court to get involved in any shape or form (see previous posts on this thread as to why that is).

 

The claimants sols will draft up the order & schedule for you to agree and sign and have done. As long as you keep to the agreed schedule that will be the end of the matter and it's confidential so no one else will know.

I don't trust the claimant to do anything whatsoever!

[panther12]

The solicitor in question is employed within HSBC and at our earlier email exchange I suggested dumping the whole of this claim on my mortgage as my initial outlay will be virtually nil, but the response given to me was that my mortgage with HSBC is completely separate matter and that the solicitor in question will treat it as such and not get involved with my mortgage affairs.

 

My intention now is to quote this in my response and ask the question why is that same solicitor interested in my mortgage affairs all of a sudden? Diabolical, isn't it?

The mortgage account is a separete issue but as it was you who raised that within your settlement proposals then perhaps they have an obligation to ensure that the settlement won't leave you at risk of paying the mortgage arrears so the reason for wanting to know the source.

[AndyOrch]

" So, to repeat yet again, my query: is there any (legal) merit in the assumption I think I explained in great detail in my previous posts that the other unsecured creditors may have been treated "unfairly" by satisfying a claim in full with one creditor and completely ignoring the others? I don't want to hear arguments like "they won't notice", "they can't see your credit profile" and the like. Please! "

 

No legal merit....first past the finishing line has priory...unless you want a CCJ and wish to be fair to the others...Judgment Creditor has priority over any other debt /DCA.

 

I think you may be getting confused with securing the Judgment by way of a Charging Order...were they shouldn't have an advantage by way of a CO over your other creditors.

 

With regards to your payment dilemma...it would appear reading between the lines that the creditor is curious as to where this money is coming from to reach settlement on this debt....as you are in arrears with your mortgage and obviously this money is not in your account...so in line with money laundering regulations they have to query this payment source?

 

I think you have just been unlucky to have been served a claim form by the same company that deals with your mortgage

 

Andy

[zeek06]

Thanks Andy and panther for the advice given...

 

Wow, what a day!

 

Yesterday I've emailed the solicitor at HSBC (I have to say, I wasn't very nice),

explaining where the money comes from and asking on what authority they are demanding this information,

given that I have no litigation matters with HSBC with regards to my mortgage account

and also asking that same individual to explain the reason for making assumptions

that I will be acting irresponsibly towards my mortgage,

particularly given that I have stuck to my part of the agreement with HSBC since 2014

(which brought down the court case they've had regarding my mortgage)?

 

I've also asked to explain why is that individual making me an offer on behalf of the bank

and then refusing to provide me with HSBC's payment details?

 

 

I finished it off with saying that I won't leave this matter and won't ask again for these details.

At the same time, I also submitted a formal complaint to HSBC directly for good measure.

 

Guess what?

 

Early this morning I've got a response back with a dozen or so apologies in it and I've also got HSBC's payment details.

Another email followed soon after with the draft consent order.

 

[consent order moved to a hidden post as they are confidential - dx]

 

 

Opinions please? It does look rather good to me, but the real news is that they agree to drop the claim completely ("final settlement of this claim"?)

- am I reading this right? If so, am I assuming correctly that:

 

1. There will be no CCJ issued against me (provided I pay the money, of course)?

2. The claim will be dropped and completely withdrawn (no traces in the local court and the hearing will be withdrawn)?

3. The judge will have to issue this order without inventing stuff (I don't trust him one bit!)?

4. My local court can't do anything to mess this up even if they wanted to?

 

If all of the above is correct I may go for this instead of paying the whole lot. What would you advice?

 

The HSBC's solicitor expects an answer and to let them know what date to put in the order

so that they could send it to me completed (with a date) to sign and them then counter-signing it.

[dx100uk]

let andy advise

 

 

dx

[panther12]

The consent order has been removed so can't see it, but if it's to your satisfaction I would sign & return it. There will be no trace of a ccj. The order will be placed before a judge to ok and seal it. It can be done as an administrative process by the court staff but that is only if both parties are legally represented. If one party is a LiP then the order has be put in front of a judge.

[AndyOrch]

Is there no schedule zeek06 ? That's just the Order.

 

Andy

[zeek06]

panther, as per your quote: "It can be done as an administrative process by the court staff but that is only if both parties are legally represented. If one party is a LiP then the order has be put in front of a judge."

1. What does that mean "legally represented"? Do I have to attend on the date of the hearing in orde for this order to be enforced?

2. What is "LiP"?

 

Andy, what do you mean by "schedule"? I am not sure whether you've seen the draft I posted by mistake (very quick thinking dx for you to hide it if this stuff is confidential!). Basically, in the draft consent order, there are the terms and nothing else. Should I PM you what these terms are - I have them here still?

[zeek06]

Sorry, forgot to reiterate my queries 1-4 above: I need to be clear on where I stand with this. The last three queries in particular, otherwise I'll have to pay the whole lot, including interest and fees as I don't want the court staff - that useless lot - or the flipping judge getting involved in any shape or form.

[Old Cogger]

You have an E-Mail address for HSBC Solicitors? do me a favour and Private message me the e-mail address, I have been trying for ages to find one

[AndyOrch]

Yes I have seen it zeek...if thats all there is to it (1 page) then its fine to accept)

 

Regards

 

Andy

[zeek06]

done Old Cogger

[zeek06]

Andy, thanks. Is that sufficient (what did you mean by "schedule" - I am curious now!)? Also, what's your advice regarding my queries 1-4 (post #105)

[AndyOrch]

Its just most Orders ..in particular Tomlin Orders ,the order you have uploaded is attached to a schedule...and the schedule lists the terms of the consent....the arrangements ..the finer details...which are separate to the order...the order just normally states that the claim has been settled subject to the terms and whether costs are to be waived.

 

But as yours is a short consent...they have included it within the main body of the order.

 

1. There will be no CCJ issued against me (provided I pay the money, of course)? Correct

2. The claim will be dropped and completely withdrawn (no traces in the local court and the hearing will be withdrawn)? Correct

3. The judge will have to issue this order without inventing stuff (I don't trust him one bit!)? He just seals the order

4. My local court can't do anything to mess this up even if they wanted to? The claimants Solicitor is responsible for concluding the claim with the court

 

Andy

[zeek06]

Thanks again Andy, so the claimant's solicitor must do whatever has been agreed in the order, correct (they can't invent stuff either, i.e. "staying" the claim instead of withdrawing it or doing "silly" things like that)? One last thing - provided the consent order has been signed and agreed, do I have to attend the court at the hearing date/time?

[AndyOrch]

No....it will be Discontinued as per the Consent and no you do not need to attend but check that the court has received the consent for sealing....before the hearing date.

[zeek06]

Ah, so what's the difference between "discontinuing" and "withdrawing" then? Also noted to check the consent has been received, thanks Andy!

[AndyOrch]

No such legal process as withdrew... the recognised legal process is to Discontinue the claim using N292 ...particularly in Fast Track.....if they did not Discontinue then you would struggle to attain wasted costs..CPR 38

[zeek06]

Got it. So, if I pay in full (including interest and court fees) the claim then will have to be ... what?

[AndyOrch]

2. Upon the Defendant making the payment in compliance with paragraph 1 above and upon the Claimant discontinuing the claim thereafter, each party shall bear down their own costs of this action.

 

 

As it states in your Consent Order.

[zeek06]

Andy, isn't that supposed to be confidential?!

 

Ignoring the consent order completely - my understanding is that if I pay this claim in full, including court costs and interest, the claim is no more. So what would happen to this claim - withdrawn, discontinued, dismissed? What?

[AndyOrch]

Andy, isn't that supposed to be confidential?!

 

Ignoring the consent order completely - my understanding is that if I pay this claim in full, including court costs and interest, the claim is no more. So what would happen to this claim - withdrawn, discontinued, dismissed? What?

 

Just settled....finito

[panther12]

panther, as per your quote: "It can be done as an administrative process by the court staff but that is only if both parties are legally represented. If one party is a LiP then the order has be put in front of a judge."

1. What does that mean "legally represented"? Do I have to attend on the date of the hearing in orde for this order to be enforced?

2. What is "LiP"?

It just means that if both party's have solicitors dealing with it then any agreed consent order is rubber stamped by court staff without involving a judge.

 

 

If one party is a LiP and not legally represented then a judge has to see the order to ok it.

No you don't need to attend a hearing.

LiP = Litigant in person.

[zeek06]

An update that is long overdue

- I have paid the amount stated in the claim in full (just under £3k) as I couldn't risk the court staff or the judge of my county court getting involved in any shape or form and messing things up.

 

HSBC subequently discontinued the claim, filing Notice of Discontinuance (N279)

- for which I have received a copy

- stating that they discontinue all of their claim against me.

 

So, that to me seems the end of the matter and I have not received any notice from the courts one way or another since.

 

I would like to thank all who helped me with this issue for the past many months

(andyorch deserves special mention here for his patience and for having to put up with my pestering him on more than one occasion) - without that help I would probably have had a CCJ against my name by now!

 

Many thanks once again!