HSBC claimform - 2013 loan 'debt'

[CCJMAX]

HSBC have sent me a claim form. I owe £13,500 from a loan taken out several years ago.

 

I intend to respond using the "disagree with the claim" option as I believe I may have been mis sold PPI on the claim.

 

In the event that the judge upholds the claim,

how does the process work RE making repayments.

 

 

Once the judgement has been made, do we have to go back to court another day to agree a repayment schedule.

 

 

Will HSBC be obliged to offer a repayment schedule or could they start bankruptcy proceedings if I don't make payment in full after the CCJ?

[martin2006]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

 

Please can you fill in the above, copy and paste it then answer each question in red, we can then have a look and help with what to do

 

In addition to that, please also go do the following:

 

Log into MCOL online with the details on the claimform.

 

Acknowledge the claim

 

Tick Defend All

 

Leave jurisdiction unticked

 

log out of MCOL

Edited September 6, 2016 by martin2006

[dx100uk]

you cant use the PPI like that

please fill that link out and we'll get you moving properly

 

 

dx

[CCJMAX]

Name of the Claimant ? HSBC

Date of issue – 30 August 2016

Date to acknowledge) = 17 September 2016

 

 

date to submit defence = by 4pm Friday 30 sept 2016

 

What is the claim for –

 

1.The Claimants claim is for the balance outstanding under a loan agreement dated X October 2013 regulated by the CCA 1974.

The defendant has failed to make payment of the areas of instalments as required by the statutory default notice served by the claimant dated X March 2016.

2.The claimant formally demand repayment of the loan on XX March 2016 but the defendant has failed to repay the amount due to the claimant.

 

AND the claimant claims

 

1. £13500

2. Interest pursuant to Section 69 of the County Court Act 1984 at a rate of 8% per annum from the date hero at a daily rate of £3.X to the date of Judgement or sooner payment.

 

What is the value of the claim? £13,500

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Personal Loan

 

When did you enter into the original agreement before or after 2007? 2013

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Original creditor

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Did you receive a Default Notice from the original creditor? Genuinely unsure - but possible

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Genuinely unsure but had lots pf letters so probably

Why did you cease payments? Change in financial situation. Owe approx £50k to various creditors no reasonable means of paying. Took 10k paycut.

What was the date of your last payment? November 2015

 

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? No

[martin2006]

Get a CCA s77 request to the claimant

 

Get a CPR31:14 sent to the solicitors acting

 

You will find them in the library

[CCJMAX]

Is it best to leave it a little closer to deadline before I chose the "defend all" option?

 

 

Does this give them less time?

 

 

Also, can anyone answer my original question..

. if I defend all but they win,

can they demand payment in full or do they have to give me a payment arrangement.

 

 

I have very little equity in my property, when split with my partner it would be just enough to cover the cost of this debt with HSBC..

 

 

. worried they'll try make me bankrupt.

[Old Cogger]

defend all - do not mess about

[martin2006]

Do as advised asap, should it get to the point where they produce an enforceable agreement and all the required paperwork, we can look at the alternatives then but for now you need to do whats advised.

 

Atm you are a long way from a ccj and/or bankruptcy, this can be dealt with so stop panicking

[dx100uk]

they wont make you BK

a judge will not order blood out of a stone

IF it ever gets that far.

and ofcourse theres always a tomlin/consent order to avoid the CCJ totally as long as you pay it.

lots of options.

 

 

but you MUST get the basics done first

 

 

ack the claim defend all

leave jurisdiction unticked

get a CCA request

and

a CPR 31:14 running to them

 

 

don't sign anything

leave the £1PO blank and uncrossed

 

 

dx

[dx100uk]

please note the revised date for defence filing

[CCJMAX]

I'm still waiting for HSBC to get back to me with the required info. What should I be submitting as my defence?

[dx100uk]

hope you did AOS/CCA/CPR correctly

 

 

your defence is due by 4pm Friday.

plenty of other like claims here already

post up your try first for checking mind

Edited September 26, 2016 by Andyorch
edit

[CCJMAX]

SorryI have no idea where to even start with typing my defence? Can you give me some idea of what I should be searching for on the forum to give me a clue? Thank you

[dx100uk]

copy your thread title into the search cag box of the top red toolbar

[CCJMAX]

I've received response from court saying they're giving HSBC 28 days to respond, otherwise they'll set it aside. What are chances this happens?

[dx100uk]

Std response when you file your defence

Which was?

[CCJMAX]

My defence was that they failed to assist me when I said I was experiencing financial difficulties.

They told me I had to miss payments before they could re negotiate the payments, then they just passed it to debt collection firm, then refused to speak to me about it, saying I need to contact third parties instead.

 

 

I explained I'd requested the documents suggested, and they've failed to respond to my requests.

What are the chances they'll fail to respond in 28 days and it gets thrown out?

[martin2006]

Thats not a defence, is that what you have used as one?

 

Did you check other like threads for a suitable defence as advised in *14?

[CCJMAX]

Thats not a defence, is that what you have used as one?

 

Did you check other like threads for a suitable defence as advised in *14?

 

Yeah they all seemed to be saying a similar thing. So gutted I've ruined it for myself. I deserve all I get.

[dx100uk]

really dot think theres any recent defences that say that

but not all is lost

you ideally should have come here and got it checked.

 

 

self help works both ways

you help yourself a bit

and we'll check its good

[CCJMAX]

really dot think theres any recent defences that say that

but not all is lost

you ideally should have come here and got it checked.

 

 

self help works both ways

you help yourself a bit

and we'll check its good

 

Thanks. How is all not lost if my argument isn't a real defence.

 

21 days have passed and they still don't appear to have responded?

[dx100uk]

no you included..

 

I explained I'd requested the documents suggested, and they've failed to respond to my requests.

 

that's still means they have to provide them regardless to what else you said.

 

so not long to go till its stayed.

[AndyOrch]

I think what the chaps are saying CCJMAX is your defence will probably suffice and be enough to deter them from proceeding...but should they proceed then you may find it was inadequately drafted and not CPR compliant.

Even so you will still have opportunity to expand and tighten the defence within your witness statement..should they proceed.

 

Andy

[CCJMAX]

I think what the chaps are saying CCJMAX is your defence will probably suffice and be enough to deter them from proceeding...but should they proceed then you may find it was inadequately drafted and not CPR compliant.

Even so you will still have opportunity to expand and tighten the defence within your witness statement..should they proceed.

 

Andy

 

If/when HSBC respond to my defence, will I be able to see it via my online money claim account? How will I find out if it's been set aside? If it gets set aside, can they just try again next month?

[dx100uk]

doesn't work like that

allocation is next CCJMAX [if they push it fwd]

and that will be from the court.

 

 

28 days from the date of filing your defence the claim get stayed.