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

[zeek06]

Andy, following your response a few comments/questions if that's OK...

 

1. Am I understanding this correctly that they have to present the original of the agreement, together with the original of the signature page as one whole "entity", otherwise they cannot enforce, no matter what my local court (and the judge!) says? In other words, presenting only the original of the signature page or only the original of the agteement won't wash?

 

2. What about the "lost in fire" argument I posted previously? What happens then?

 

Shamrocker - to answer your question as well - yes, I do have them (they were enclosed as part of HSBC's witness statement), but will have to scan everything up and post it - will do that sometime tomorrow if that's OK...

[AndyOrch]

Andy, following your response a few comments/questions if that's OK...

 

1. Am I understanding this correctly that they have to present the original of the agreement, together with the original of the signature page as one whole "entity", otherwise they cannot enforce, no matter what my local court (and the judge!) says? In other words, presenting only the original of the signature page or only the original of the agreement won't wash?

 

Correct ...if they go by the book/law..you cant presents bits of an agreement on Court...and as your agreement was dated 30/09/2002...they cant use a reconstituted either..it must be the full legible executed agreement...complete with T&Cs and a current statement....section 78(1) is quite clear...otherwise the claimant is prohibited from enforcing or requesting any relief whatsoever.

 

2. What about the "lost in fire" argument I posted previously? What happens then? You will have to bring me up to speed...what lost in fire?

 

Shamrocker - to answer your question as well - yes, I do have them (they were enclosed as part of HSBC's witness statement), but will have to scan everything up and post it - will do that sometime tomorrow if that's OK...

 

Regards

 

Andy

[AndyOrch]

" He invented some stupid argument that "what happens if the Claimant loses the original agreement in a fire and can't produce it?" I've had no answer to that, but during the whole of last hearing he was all argumentative, while the Claimant's solicitor didn't say a word throughout. That tells you all you need to know about how biased that judge is (it will also be the same judge for this hearing as well)! "

 

They rely on the back up systems...hard copies ...and microfiche.What a stupid comment from a District Judge...lets hope that the major financial operations never have a fire otherwise we will all be debt free

 

Andy

[shamrocker]

Carey v HSBC - p.53 - (6) Moreover, a requirement that the original be used to make the copy could work real injustice where the creditor had lost it, in a fire for example. This was one of the reasons why HHJ Langan QC held in Mitchell (supra) at para. 17 that a photocopy was not necessary and a reconstruction would do. As he put it:

 

"Suppose a situation in which a lender could not find an original agreement which had been misplaced in its archives, or in which a batch of such agreements was destroyed in a fire. Suppose also that the lender could reconstitute the agreement or agreements from other sources - a card index or computerised records of transactions, and a copy of the standard terms printed on application forms at the relevant date. In such a case, even though no doubt could be cast on the accuracy of the work of reconstruction, the lender would be subject to the section 78(6) bar on enforcement and, in the case of destruction by fire, the bar would necessarily be perpetual. This would, in my judgment, be a grave injustice to the lender, while to permit reconstruction would not work any countervailing injustice to the borrower. I do not accept that a fair apportionment of risk between the parties requires the court to adopt the interpretation for which Mr Berkley contends."

 

This is where the lovely DJ was getting the fire idea.

 

The main context of Carey was whether a debtor could have a debt written off through the courts if the creditor could not comply with a s.78 request. To comply with s78, the CCA1974 requires the creditor to provide a copy of the executed agreement that itself also complies with s.61. Basically, the Carey case found that it could be unfair to the creditor if they were forced to provide the original when sent a s78 request; therefore, a recon was deemed sufficient to satisfy the s78 request and thereby put a bar on the debtor taking the claimant to court for breach of agreement/contract. The burden of proof is on the claimant (the debtor in this case) to prove that the agreement was not properly executed and thereby irredeemably unenforceable - but you'd need the original to do this.

 

On the flipside, a recon is not strict proof that a properly executed agreement ever existed - only the original offers that proof. The recon can not and should not be used as the basis of a valid claim. If a fire destroys your pre-2007 agreement, then the creditor no longer (assuming they haven't made a proper copy of some sort) possess the proof they need to enforce the agreement through the courts, but a recon will stop you/I/we from taking them to court for irredeemable breach due to failure to comply with s.78. They still have not complied with your s78 request though and while the breach remains, they cannot enforce.

 

Getting that point across to a stubborn DJ probably isn't the easiest of tasks.

 

Given that Carey is being used as a leading authority, you should probably take the opportunity to present it's proper context to the judge and opposition representative in the simplest way you can. Do you feel you have a good enough grasp of it to be able to sum it up in just a few sentences?

 

Have you still got time to submit a supplementary witness statement in response to the claimant's WS? Andy can you confirm - and is there any point at this stage??

 

Sham

[zeek06]

Andy - thanks for both responses, all is noted. The "lost in fire" argument from the judge (and it was he who did the talking for the claimant's sols!) really wound me up at the time.

 

Shamrocker, I'll try to respond to each of your points below...

 

This is where the lovely DJ was getting the fire idea.

I remember reading my statement at the previous hearing and as soon as I mentioned "Carey" he jumped in, looked somewhere on the Internet and printed off the whole case, then started taking bits from it to hit my arguments with.

 

Note that this wasn't the claimant's sols doing this, it was the judge! The claimant's sols did not say a word throughout the whole hearing, which lasted an hour!

 

Getting that point across to a stubborn DJ probably isn't the easiest of tasks.

Getting any point across to a biased judge is nigh-impossible task and this is what I am afraid of, but I think there is still hope - read below...

 

Given that Carey is being used as a leading authority, you should probably take the opportunity to present it's proper context to the judge and opposition representative in the simplest way you can. Do you feel you have a good enough grasp of it to be able to sum it up in just a few sentences?

I think I already did during my previous hearing (my statement from that hearing should be on some of the previous pages, if not I'll scan it and post it here, no problems).

 

Have you still got time to submit a supplementary witness statement in response to the claimant's WS? Andy can you confirm - and is there any point at this stage??

Now, the good news!

 

I've just got two letters from the court today - one was the judgement from the judge regarding my application and another one was a notice of hearing. So, basically the court staff I spoke to a few days ago were toying with me - they've said the application was dismissed, but didn't tell me the second part - that the case has been re-scheduled for 17 February 2016!

 

You can imagine my relief at seeing that.

 

I am enclosing a scanned copy of the notice of hearing and also the judge's order made as a result of my application - see them attached in the "application.zip" file.

 

Please note: The judges order is dated 03 November. This is quite signifficant, because that is a day after my first application was received and then returned on the 5th November for not enclosing the appropriate name in the standing order for it!

 

Since then, I've made a second application on 9th November (which is what I assumed has been looked at!), enclosing £50 postal order with the correct name printed on it. The judges order seems to be for the first application.

 

Please also note that there are no reasons given in this judgement order - how am I supposed to appeal that?

 

So, what do I do? This order doesn't seem to grant me an appeal either (should it do?).

 

I still can't fathom the fact that some jumped up district judge refuses to transfer my case provided both parties agree (I have HSBC's consent to do that in writing).

 

Is there anything I could do? I am convinced I am not going to have a fair trial as long as this case stays in this court, particularly with this judge involved.

 

Shamrocker, I also enclose scanned copy of the CCA with HSBC - these form part of their last WS. See hsbc-cca.zip attached also.

 

So, what next? Do I make another application for this case to be transferred or do I appeal against this one even though my right to appeal isn't listed?

Edited November 28, 2015 by dx100uk
large zip files reduced to small PDF files

[zeek06]

Any help? What should I do?

 

Can I appeal against the judge's decision, particularly given what I posted above (judge's decision appears to have been taken on 3rd November, not 23rd, no appeal rights listed in the order and so on)?

 

Would it be possible to move my case to another court now? if so, how?

 

The reason I'd like to have these answers is because I am going to be out of the country from Monday (30 November) and even though I could check this forum for answers/advice, it would be more difficult to prepare/submit anything, if needed. Thanks!

[AndyOrch]

" Would it be possible to move my case to another court now? if so, how? "

 

Already told you how to zeek...didn't they dismiss your application ?

[zeek06]

Andy, are you able to address my other queries I asked in my previous two posts (like whether I could appeal this decision), given what I already described? I need to know where I stand with this.

 

I know the case has been moved to another date, but it is all irrelevant to me if this case is going to stay with the same court, with the same judge and so on.

 

Any help and advice from you or anyone is appreciated as always, particularly given that I am also pressed for time. Many thanks.

[AndyOrch]

Andy, are you able to address my other queries I asked in my previous two posts (like whether I could appeal this decision), given what I already described? I need to know where I stand with this. No you cant appeal...I would ring them up and ask on what grounds you cant transfer?

 

I know the case has been moved to another date, but it is all irrelevant to me if this case is going to stay with the same court, with the same judge and so on.

 

Any help and advice from you or anyone is appreciated as always, particularly given that I am also pressed for time. Many thanks.

 

Andy

[zeek06]

Thanks Andy...I did ask them this the last time around when called to see what the application outcome was, but I was told "it is the judge's decision". Not very helpful.

 

So, what you are saying is that I can do nothing now and the case will have to be looked at at my local court, is that it?

[AndyOrch]

Looks that way...if at had been at the other side of the country rather than the next town ...they would have granted the transfer.

[zeek06]

Some progress made on this...

 

Prior to going on my holidays I've written to the court making DPA request, enclosing the appropriate fee. When I came back, I've had a letter from them rejecting this request as I haven't provided any IDs. So, I've enclosed copy of my driving licence and recent utility bill. Oh, and guess what - my postal order was also rejected as I should have made it payable to HM Paymaster General - I could've put money on that one!

 

As for HSBC, given that my case is unlikely to be moved, the way I see it, with this judge I don't think I am going to get anything at all, so with that in mind, I've had a few email exchanges with HSBC's solicitors (without prejudice!) and they are willing to reduce the payment in order to satisfy the claim to only include the core 2.5k owed - no court fees, no interest and so on. They are asking if I am to agree, then to make a consent order - something I am not very keen on as my view is that if this claim is satisfied they will have to widthdraw the case completely (they have plenty of time). Am I correct?

 

So, my queries below are related to this... if I settle with HSBC and pay what they offer/agree/willing to accept to satisfy the claim - 2.5k, no court fees and no interest etc, then:

 

1. Would my other creditors (I owe another £30k to about 6-7 credit card companies!) use this setttlement with HSBC as a reason to ask/demand to pay them, given that I have settled with HSBC? Would they have a legitimate reason to do so?

 

2. Provided I pay the agreed amount, should I ask HSBC to widthdraw the case immediately (no consent order)? if so, how do I go about doing that? What if they don't comply?

 

3. If agreeing a consent order is the only way in this case, what should that order include? Could anyone assist and provide the text on what I should I put in this consent order? I take it that order needs to be agreed/signed by myself and HSBC, then presented to the court, correct? Is there anything else I should be aware of?

 

4. Is there any legitimate way that I could ask HSBC to drop the case completely (without agreeing a consent order) - like paying up what is on the claim form (the core £2.5k, plus the £180 court fee and the applicable interest)?

 

Thanks!

[AndyOrch]

Some progress made on this...

 

Prior to going on my holidays I've written to the court making DPA request, enclosing the appropriate fee. When I came back, I've had a letter from them rejecting this request as I haven't provided any IDs. So, I've enclosed copy of my driving licence and recent utility bill. Oh, and guess what - my postal order was also rejected as I should have made it payable to HM Paymaster General - I could've put money on that one!

 

As for HSBC, given that my case is unlikely to be moved, the way I see it, with this judge I don't think I am going to get anything at all, so with that in mind, I've had a few email exchanges with HSBC's solicitors (without prejudice!) and they are willing to reduce the payment in order to satisfy the claim to only include the core 2.5k owed - no court fees, no interest and so on. They are asking if I am to agree, then to make a consent order - something I am not very keen on as my view is that if this claim is satisfied they will have to widthdraw the case completely (they have plenty of time). Am I correct?

 

Only if you are making payment in full otherwise no ...you can not have a consent order on a discontinued/withdrawn claim...as the consent is usually drafted/supported to a stayed claim.

 

So, my queries below are related to this... if I settle with HSBC and pay what they offer/agree/willing to accept to satisfy the claim - 2.5k, no court fees and no interest etc, then:

 

1. Would my other creditors (I owe another £30k to about 6-7 credit card companies!) use this setttlement with HSBC as a reason to ask/demand to pay them, given that I have settled with HSBC? Would they have a legitimate reason to do so? No because a Consent Order is confidential

 

2. Provided I pay the agreed amount, should I ask HSBC to widthdraw the case immediately (no consent order)? if so, how do I go about doing that? What if they don't comply?

 

The consent I assume is to support the deal reached...therefore they are still outstanding the costs and interest.....so they wont agree to withdrawing and any deal should be by way of consent...so unless you pay the full amount inc costs and interest...you get a consent order.

 

 

 

3. If agreeing a consent order is the only way in this case, what should that order include? Could anyone assist and provide the text on what I should I put in this consent order? I take it that order needs to be agreed/signed by myself and HSBC, then presented to the court, correct? Is there anything else I should be aware of? The Claimant prepares and drafts and seals the consent...not the defendant but we can check their schedule for you.

 

4. Is there any legitimate way that I could ask HSBC to drop the case completely (without agreeing a consent order) - like paying up what is on the claim form (the core £2.5k, plus the £180 court fee and the applicable interest)? Just pay it and in form the court.....paid and settled...end of claim

Thanks!

 

Regards

 

Andy

[zeek06]

Thanks a lot Andy for the comprehensive response. I have further 4 queries re: paying in full:

 

1. What is the latest date I need to pay (i.e. the money in HSBC's account) and inform the court - is it 7 days before the hearing at the latest (the re-scheduled hearing is on 19th Feb)?

 

2. When calculating the interest (i.e. how much interest I owe HSBC), what period should I take into account - from the date on the claim form until the money reaches HSBC's account? If so, for the latter part there would be some guess work involved as I cannot predict how long would it take for the money to reach HSBC's account. What is your view on that?

 

3. Costs - I take it, I only pay the costs listed in the claim form, i.e. £180 court costs from what I remember. Is that correct? Do I owe HSBC anything more than that? Can they then submit another claim for additional costs? I remember the judge during my last hearing saying something like there will be a separate hearing for the costs involved.

 

4. What is the procedure for informing the court, particularly given all the troubles I've had with them - how do I protect myself and prevent them from messing things up again?

[AndyOrch]

Thanks a lot Andy for the comprehensive response. I have further 4 queries re: paying in full:

 

1. What is the latest date I need to pay (i.e. the money in HSBC's account) and inform the court - is it 7 days before the hearing at the latest (the re-scheduled hearing is on 19th Feb)?

No rush...if you wish to stop the process now the Claimant must inform the court 7 days pre hearing...or you can even let them get judgment and then pay by the time stated...the judgment is then erased

 

2. When calculating the interest (i.e. how much interest I owe HSBC), what period should I take into account - from the date on the claim form until the money reaches HSBC's account? If so, for the latter part there would be some guess work involved as I cannot predict how long would it take for the money to reach HSBC's account. What is your view on that?

 

Interest should be stated within their particulars...from the xxx date up until judgment date

 

3. Costs - I take it, I only pay the costs listed in the claim form, i.e. £180 court costs from what I remember. Is that correct? Yes Do I owe HSBC anything more than that? Depends if you go down the Consent route then there will be a further small fee...if you let the hearing proceed then there may be legal counsel fee. Can they then submit another claim for additional costs? I remember the judge during my last hearing saying something like there will be a separate hearing for the costs involved.

Well that will become part of your negotiation skills....if they want payment in full...but yes there could be a separate costs order if costs are outstanding and running as costs in the case

 

4. What is the procedure for informing the court, particularly given all the troubles I've had with them - how do I protect myself and prevent them from messing things up again?

 

The Claimant informs the court not you...only they can vacate the hearing.

 

Regards

 

Andy

[zeek06]

Thanks again Andy.

 

There is something fundamental that I am not getting - assuming I pay HSBC the full outstanding amount (that is, £2.5k + £180 court fee as stated in the claim + "interest") and do it, say, within the next 7 days (lets fix a date for that as well: HSBC get the money in their account by next Friday, 22nd January). So then:

 

1. Should HSBC inform the court the claim has been satisfied? Following up on that, should the court drop the claim? What if they don't and hearing goes ahead - without me as I am not going to be present?

2. Can HSBC then submit another claim for costs? If so, how likely are they to succeed? Since this is a smail claim track what is the maximum amount they should be entitled to - was that £280 maximum or am I mistaken?

3. Calculating the amount of interest I have to pay - this is the biggest mystery to me: say the claim form is dated 30 November 2014 and I plan to have the money in HSBC's account by 22 January 2016. What amount of interest must be included in my payment then, provided there is no "judgement date"? Is this interest calculated daily from 30 November 2014 until 22 January 2016? From what I remember the daily interest rate is £0.56.

 

4. Another question I haven't thought of before now: provided the claim with HSBC is "satisfied in full" - this, presumably, will be reflected on my credit profile and as soon as all other creditors see this (which, as I have stated in one of my previous posts above, are about 6-7 and I owe them about £30k) they will, I am assuming, stat going the same route as HSBC (until now I haven't heard anything from any of them - not a peep!). Could they then use the fact that I have the claim with HSBC now satisfied as a (legal) reason to seek settlement of their own, on the grounds that I have already satisfied a claim with another creditor? This is important for me to understand!

 

Thanks again!

[AndyOrch]

Thanks again Andy.

 

There is something fundamental that I am not getting - assuming I pay HSBC the full outstanding amount (that is, £2.5k + £180 court fee as stated in the claim + "interest") and do it, say, within the next 7 days (lets fix a date for that as well: HSBC get the money in their account by next Friday, 22nd January). So then:

 

1. Should HSBC inform the court the claim has been satisfied? Settled ...yes and there is nothing stopping you also informing them Following up on that, should the court drop the claim? Yes if there is nothing outstanding and its settled What if they don't and hearing goes ahead - without me as I am not going to be present? Then thats at their own costs because they failed to inform the court and as there is nothing to now judge that would look rather silliy

2. Can HSBC then submit another claim for costs? No because it was settled as at xxxxxxx unless there is previous costs still outstanding ? If so, how likely are they to succeed? Irrelevant if there is nothing to succeed on Since this is a smail claim track what is the maximum amount they should be entitled to - was that £280 maximum or am I mistaken? Fixed costs plus any costs from application hearings

3. Calculating the amount of interest I have to pay - this is the biggest mystery to me: say the claim form is dated 30 November 2014 and I plan to have the money in HSBC's account by 22 January 2016. What amount of interest must be included in my payment then, provided there is no "judgement date"? Is this interest calculated daily from 30 November 2014 until 22 January 2016? From what I remember the daily interest rate is £0.56. From claim date up until payment

 

4. Another question I haven't thought of before now: provided the claim with HSBC is "satisfied in full" - this, presumably, will be reflected on my credit profile and as soon as all other creditors see this (which, as I have stated in one of my previous posts above, are about 6-7 and I owe them about £30k) they will, I am assuming, stat going the same route as HSBC (until now I haven't heard anything from any of them - not a peep!). Could they then use the fact that I have the claim with HSBC now satisfied as a (legal) reason to seek settlement of their own, on the grounds that I have already satisfied a claim with another creditor? This is important for me to understand! How would they know ?

Thanks again!

 

Andy

[zeek06]

Thanks again Andy. All is clear now, though I'd need one last clarification/question with regards to point 4 from my previous post and your comment: "How would they know?"

 

I presume if/when I settle this claim this will be reflected in my financial profile (with Experian or similar agency) and the debt there will be shown as settled (or something along those lines). Correct?

 

If so, then all other credit card companies I have other debts with will, presumably, see this and would want to do the same thing and seek settlement of their own debts on the grounds that I already satisfied a claim/debt with another creditor. So, provided that is the case, my question again - can they (legally) have any reason to do so? Please explain as I'd like this aspect to be very clear to me. Many thanks once again.

 

Now, HSBC have thrown another curve ball for me to deal with...

 

A while back I have requested for them to give me their bank details where to transfer the funds, provided we reach an agreement. In the same email I also asked for them to propose a draft text for the consent order. No response received for a couple of days and over the weekend I sent a "remainder" email.

 

Today I've got a response along the following lines (stuff in bold below are my comments):

 

I note that your mortgage account is in arrears. Whilst you are reducing the level of your mortgage arrears, I am concerned that settlement of this account would prevent you from repaying your mortgage. I would therefore like to ascertain that repayment of this debt in a lump sum would be appropriate in your circumstances.

1. My morgage is indeed with HSBC and it is also correct that I am currently clearing arrears - paying over the nomal payment due - this was as a result of another court case I've had with them - check my posting history on this forum for details.

2. I am also deeply suspicious of their sudden "concern" about my repayment ability.

 

I therefore respectfully request that you confirm the source of the funds you intend to pay to settle this claim and whether this will affect your ability to repay your mortgage.

1. Why would they need to know that? if I just say - "private sources" (family, friends and the like) would that be sufficient. That is provided I owe then an explanation at all - something I very much doubt. Again, I am deeply suspicious of their concern about my welfare all of a sudden! As I am operating through my own company (have contracts with clients), do I have to provide them with details of my sources of income (i.e. my clients etc)? Can I say "private sources" or "none of your bloody business" - would that suffice? Why do I have to explain myself to them all of a sudden?

 

I have also written to the court again to confirm that we agree to the transfer of this claim to your preferred court. Should the court decide to transfer the claim, the hearing listed on 19 February 2016 will be adjourned.

1. My application has been declined, so I doubt very much thath their action will change things.

2. Note that they are not providing me with any bank details, nor providing me with the draft consent order as I've asked - twice. All this delays payment and I cannot settle even if I want to!

3. What could be the reason for this, apart from the obvious attempt to delay things (and earn more in interest payments!)? I am still unsure. Any thoughts please?

[AndyOrch]

" I presume if/when I settle this claim this will be reflected in my financial profile (with Experian or similar agency) and the debt there will be shown as settled (or something along those lines). Correct?

 

If so, then all other credit card companies I have other debts with will, presumably, see this and would want to do the same thing and seek settlement of their own debts on the grounds that I already satisfied a claim/debt with another creditor. So, provided that is the case, my question again - can they (legally) have any reason to do so? Please explain as I'd like this aspect to be very clear to me. Many thanks once again."

 

I think you need to touch base with reality zeek...do you honestly think that DCA are going to check all their debts and debtors to see if they have satisfied debts ?

 

And even if remotely possibly...so what...what can they do ?

 

New thread please for the mortgage query...please do not mix threads.

 

Regards

 

Andy

[zeek06]

I think you need to touch base with reality zeek...do you honestly think that DCA are going to check all their debts and debtors to see if they have satisfied debts ?

 

And even if remotely possibly...so what...what can they do ?

Suppose they do. That wasn't my query though.

 

They are also unsecured creditors (like HSBC). I am paying HSBC's debt in full, while not giving anyone else a single penny.

 

What I'd like to know is whether they may have any (legal) leverage they might use as a result of this and seek settlement of the debt I have with them? Could you clarify this for me please?

 

New thread please for the mortgage query...please do not mix threads.

I started a new thread, but my query is to do with the fact that HSBC are refusing to give their bank details, preventing me from settling this claim, using my mortgage position with them as an excuse.

 

This relates to the credit card debt I have with HSBC, which is the subject of this topic, is it not?

 

So, again, what I'd like to know is whether I should give HSBC information about the source of money I am going to use to pay and settle this claim? If so (and they are pefectly entitled to do this), what should I say to them about that source:

 

1. None of your bloody business - please provide the bank details I have previously asked for in order to settle this claim;

2. Private sources (without specifying what these are);

3. Money loaned from close family and/or friends (again, not specifying who these individual(s) are);

4. As a result of my own employment through my own company (can't provide details of my contracts as this is commercially-sensitive information);

5. As a result of my own employment through my own company with supplying full details of the contracts and the companies I deal with, together with what money comes from which client;

6. Anything else (please specify);

 

Any advice please?

[zeek06]

Simply put, HSBC is so far refusing to provide bank details where I should make payment to settle my credit card debt with them on the grounds that they need to know the source of funds and to ascertain my ability to continue with the payment of my mortgage + arrears which I have been doing for nearly two yeas now - without fail - since I've had a court case dismissed as a result of the offer I made with them then.

 

So, my questions are raised in the post I provided a link of above, but for the sake of clarity I am listing them again (my comments are in bold, anything else is from the email HSBC sent me):

 

I note that your mortgage account is in arrears. Whilst you are reducing the level of your mortgage arrears, I am concerned that settlement of this account would prevent you from repaying your mortgage. I would therefore like to ascertain that repayment of this debt in a lump sum would be appropriate in your circumstances.

1. My morgage is indeed with HSBC and it is also correct that I am currently clearing arrears - paying over the nomal payment due - this was as a result of another court case I've had with them - details of my court case with them should be in my post history on this site.

2. I am also deeply suspicious of their sudden "concern" about my repayment ability.

 

I therefore respectfully request that you confirm the source of the funds you intend to pay to settle this claim and whether this will affect your ability to repay your mortgage.

1. Why would they need to know that? if I just say - "private sources" or "funds loaned from close family members" (family, friends and the like) would that be sufficient? That is provided I owe then an explanation at all - something I very much doubt. Again, I am deeply suspicious of their concern about my welfare all of a sudden! As I am operating through my own company (have contracts with clients), do I have to provide them with details of my sources of income (i.e. my clients etc)? Can I say "private sources" or "none of your bloody business" - would that suffice? Why do I have to explain myself to them all of a sudden?

 

Any thoughts please?

Edited January 19, 2016 by Andyorch
Proper link added

[AndyOrch]

" Suppose they do. That wasn't my query though.

 

They are also unsecured creditors (like HSBCicon). I am paying HSBC's debt in full, while not giving anyone else a single penny.

 

What I'd like to know is whether they may have any (legal) leverage they might use as a result of this and seek settlement of the debt I have with them? Could you clarify this for me please? "

 

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

[citizenB]

I suspect they would rather you pay the mortgage arrears than your credit card balance. However, I agree, it is none of their business. I guess you could try and point out to them that by clearing your credit card which is likely a higher interest rate than your mortgage - you will be freeing up monies for the mortgage arrears.

 

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

[AndyOrch]

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

 

Andy

[dx100uk]

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!!

 

 

dx