Jump to content


  • Tweets

  • Posts

    • as well as informing them of a fault, you must also formally assert your right to reject the vehicle under the Consumer rights act. This must be done within 30 days of purchasing it. if you haven't done this and it is still within the 30 days then you should do it immediately by email and confirm in writing  
    • Good point from HB.   Before you see a solicitor start trawling everything you have for relevant papers -  emails, letters etc. + All the documentation you have relating to the purchase of the house. And copies of everything else that you mention about bills, tenants etc. That could all amount to a lot of paper.    Then take a photocopy of everything you have found ready to give to your solicitor.   And make some notes for yourself in detail about everything you remember.   Incidentally, it's just my opinion that  will  need more legal advice than can be given here. Maybe someone will come along who is an expert in this. But TBH I think that is unlikely, that's why I recommend you get your own solicitor asap. Because (a) it's legally complex and (b) there's a lot of money at stake for you.
    • I represented a family member in an Employment Tribunal which was awarded in their favour.  Background: The respondent failed to provide a bundle and came unprepared as he had planned for their finance employee to attend, but they were ill which left the respondent with no information on the day. The Judge gave the respondent the opportunity of 3 hours adjournment over lunch to get bundles but he declined and agreed to accept whatever decision the judge made. Once the judge verbally provided their judgement (recorded by herself for court process purposes) which was in my family member's favour, the respondent asked if he could appeal. The judge advised that the appeal process would be advised within the judgement documents (sent in post) and he could follow them once received. The respondent posted a small bundle of documents to both the tribunal and ourselves, but did not include any letter or application for reconsideration within the 14 days but the judge has decided they add nothing to the case and has closed the case, placing his bundle of documents on file.   I have spoken with both the Tribunal office involved (case closed) and London Court of Appeal who have received nothing in this matter.   Firstly, Which is the best way to secure payment from the respondent? Secondly, The Judgement states that the Claimant is eligible to claim 8% interest but is this from the day following the expiry of 14 days when payment was due, or the day following the expiry of 42 days which the respondent has to appeal? and how do I calculate the daily rate please of £2,500?   TIA
    • Lantern (QQ)   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.   27/08/2019   Particulars of Claim   What is the claim for – the reason they have issued the claim? The defendant owes the claimant £481.16 under a regulated loan agreement with casheuronet llc t/a quidquid dated 03/01/2012 and which was assigned to the claimant on 20/12/2017 and notice of which was given to the defendant on 20/12/2017 (debt). Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £481.16 and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 3.91% per annum amounting to £18.83   What is the total value of the claim? £584.99   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PDL   When did you enter into the original agreement before or after April 2007 ? After - 03/01/2012   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No   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. Lantern   Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes (via email) from MMF with no letterhead   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Couldn't afford them   What was the date of your last payment? 25/02/2016 then again 01/06/2018 (yes a paid again when they chased me)   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 management plan? Yes - rejected my DMP for one I couldn't afford.   
    • I think friends worry is that that the original initiator of the Claim will step in again. The original Claim and repo hearing was made by the freeholder for non payment of service charges.  The bank stepped in and paid the service charges.  Then when friend didn't pay mortgage the bank asked the judge to re-open the Freeholders Claim.  Friend paid the bank arrears.    But now friend is worried that the freeholder will return to re-open the same Claim. Ping-pong between bank and freeholder !!  Unless this particular Claim is stayed/ struck out
  • Our picks

saturdaykids

Arrow/Restons claimform - HSBC [1st direct] OD - Managed Loan debt

style="text-align:center;"> Please note that this topic has not had any new posts for the last 731 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi guys

I know its a little late in the day but is it worth sending CPR 31.14 overdraft specific to the solicitors, as I sent the one with five requests on. From threads I feel they play there cards close to their chests as regards to particulars of claim keeping it vague only to reveal there hand last minute,

Share this post


Link to post
Share on other sites

You could but I would assume you will only get the same response as per your post # 44

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thanks Andy,

I'm sure I would! but as I am putting my defence together I thought it would hold more weight

Although from reading the threads more info will come forward as this progress's.

Share this post


Link to post
Share on other sites

Yes disclosure follows allocation...but the more questions you ask and request..the more the court will order them to disclose.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

so need to know as much about the hand they intend to play without giving any detail that can be used against me. I have an a thread in mind which pretty much mirrors my situation, so will adapt and post as soon as I can.

Share this post


Link to post
Share on other sites

guys,

the default was on the cc and not the od account which is in the POC and it was excessive charges that placed the account past the od limit. but here is the defence:

 

1.The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and HSBClink3.gif dated on or about Jul 19 2000 and assigned to the claimant on Jan 21 2016

 

2.Particulars a/c no - xxxx

DATE 04/08/2017 ITEM Default Balance VALUE 11515.00

Post Refrl Cr NIL

Total 11515.00

 

What is the value of the claim? £12.133.00

1. Paragraph 1, I accept that I have held a current account with HSBC. I have not serviced this account since 2014 due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with HSBC. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.

 

2.Paragraph 2 is denied I do not admit to defaulting on payments nor receiving Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and the Claimant is put to strict proof to evidence any breach.

 

3. Paragraph 3 is denied I have never been served a Notices of Assignment in accordance with s.136 Law of Property Act 1925.

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

The claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

5. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the 7th July 2014. The Claimant has failed to comply with this request. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Share this post


Link to post
Share on other sites

I never signed up to nor did HSBC ever give me a £12k overdraft

They merged an alleged £xxK credit card debt into my account


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 

 

Share this post


Link to post
Share on other sites

thanks for your response dx I will rewrite and also keep looking at threads unless you feel this is adequate.

Share this post


Link to post
Share on other sites

The claimant does not state or refer to an overdraft within its pleadings...they simply state " under a contract "

 

Dont add information that they are not aware of...if they wish to sue under a contract that allowed drawings of £12k..then they must provide the relevant agreement and paperwork to equate the 12k that their claim is based on.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thanks Andy, all the letters from claimant and solicitors note overdraft but of course its the POC that matters. will look for ideas in the threads. thanks again

Share this post


Link to post
Share on other sites
Thanks Andy, all the letters from claimant and solicitors note overdraft but of course its the POC that matters. will look for ideas in the threads. thanks again

 

Okay well if thats the case your response will have to read between the lines but also point out its inaccuracies of its pleadings


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thanks for your response and time Andy,

I have searched the threads and have found what I feel to be use full, but without sounding paranoid should I post or pm some ideas.

Share this post


Link to post
Share on other sites

Please post here to your thread and then we can finalise a good defence.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thanks Andy,

so the situation is the acct. no. refers to a current acct. that was within the od facility it was charges that took it outside of the od limit. I do not recall any default notice on this acct. and the balance was under £900 and certainly not the 12k they say.

In my pleadings I am trying to put the claimant/solicitor to task to simply prove this contract/agreement exists as it clearly does not. so I am considering the following:

1.The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and HSBC dated on or about Jul 19 2000 and assigned to the claimant on Jan 21 2016

 

2.Particulars a/c no - xxxx

DATE 04/08/2017 ITEM Default Balance VALUE 11515.00

Post Refrl Cr NIL

Total 11515.00

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. The claim is denied with regards to any amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

3. I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

 

On receipt of this claim I requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31.14.

To date I have yet to receive the requested paperwork.

 

Therefore with the courts permission the Claimant is put to strict proof to:

(a) Show and disclose how the Defendant has entered into an agreement; and

(b) Show and disclose how the Claimant has reached the amount claimed for;

© Show how the agreement(s) were breached/ terminated to allow the claimant relief;

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Share this post


Link to post
Share on other sites

Hi Guys,

feel the above is suitable as their POC is vague and untrue. I'm sure it needs work though.

Share this post


Link to post
Share on other sites

Particulars of Claim (for reference only)

 

 

1.The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and HSBC dated on or about Jul 19 2000 and assigned to the claimant on Jan 21 2016

 

2.Particulars a/c no - xxxx

DATE 04/08/2017 ITEM Default Balance VALUE 11515.00

Post Refrl Cr NIL

Total 11515.00

 

What is the value of the claim? £12.133.00

 

 

Defence

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. I accept that I have in the past held a current account with HSBC.My authorised overdraft limit was £800.00 I have not serviced this account since 2014 due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate.

 

The amount claimed is far in excess of any agreed overdraft limit with HSBC. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account.

 

It is therefore denied that I am indebted for any alleged outstanding residue. I have never been served a Notices of Assignment in accordance with s.136 Law of Property Act 1925.

 

2. I do not admit to defaulting on payments nor receiving Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and the Claimant is put to strict proof to evidence any breach.

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

The claimant is therefore put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with conformation of the agreed Overdraft Limit complete with the Terms and conditions at inception, which this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account which equates to £11.200.00 of the claim

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

4. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request. The Claimant has failed to comply with this request. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

 

5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thanks Andy!!! that's fantastic . the issue date on the claim form was 15/9, so it gives me until the 18/10 I will use the mcol around the 16/10. thanks for your time it is greatly appreciated. will post outcome as and when. Thank you

Share this post


Link to post
Share on other sites

So basically if they want to argue its an amalgamated claim.....then they will have to amend their particulars.

 

Tues the 17th October 4.00pm is your deadline.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thanks again Andy I know its only the beginning but you guys allow people such peace of mind. will maintain thread to inform all of outcomes.

Share this post


Link to post
Share on other sites

Hey Guys,

just a look in as these 33 days take forever, thought it was up today so called the court was told no response so far but they have a little time yet. told him the 33 days were up today. He seemed to believe there was more time yet and suggested should know by the weekend did I get the YTS guy or what !

Share this post


Link to post
Share on other sites

No...not a YTS...simply staff dealing with 1000s of claims all at different stages........why are you ringing the court to check if the claim is stayed ?

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...