IDEM Claimform - HSBC Loan or was it?***Claim Discontinued***

[AndyOrch]

Default Notices must allow 14 days plus 3 days service (postal) to rectify any breach....the Notice is invalid.

 

Andy

[Tbirdo]

Thanks for clearing that up for me Andy.

So in a nutshell NO valid default notice and no CCA for the loan. All in my favour then ,

 

Would HSBC have issued a default notice for the overdraft account ?

[AndyOrch]

Yes....but its called a Notice served under Sections 76(1) and 98(1) of the CCA1974. for overdrafts.

 

You may find the following thread of interest...

 

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?450303-Removal-of-a-default-notice-applied-by-HSBC/page2

[Tbirdo]

Thank you

[Tbirdo]

Good morning

 

I have received a letter from the courts.

 

IT ORDERED THAT

 

1. The Claim is stayed until 27 FEB 2019

2. Parties to notify the court by 20 FEB 2019 if the claim is settled; if not whether further directions are required to progress the claim.

 

Obviously I won’t be settling with idem, do I ring the courts and let them know or in writing ?

[dx100uk]

well you don't want the claim to progress so I would assume you do nothing?

[Tbirdo]

Right thanks DX for reply, I will sit tight and wait for further developments then.

 

I take it it is up to the claimant to decide if they want to proceed further or not and for them to inform the courts ?

 

I have made a donation and will continue to do so on a monthly basis.

[Tbirdo]

Hi there.

I have been trying to ring the courts to find out if the claim is stayed as the deadline was 27 Feb, lines are very busy and as such have not been able to speak to anyone, I have also checked on the MCOL website and there are no further updates.

Will keep trying on the phone, so I guess I sit tight and wait. 

[dx100uk]

You shouldn't need to ring them

It's automatic

[Tbirdo]

Thanks DX for reply. 

Will this not show on the MCOL website ?

its just shows that your case has been transferred to your local county court

 

[dx100uk]

It's hit and miss.

Sometimes everything till the end appears. Other times it shows nowt after transfer away from northants

Try nearer 4pm closure the lines are clearer sometimes

[AndyOrch]

3 minutes ago, Tbirdo said:

Thanks DX for reply. 

Will this not show on the MCOL website ?

its just shows that your case has been transferred to your local county court

 

Its not stayed if its been transferred to your local county court.....Directions questionnaires next.

[Tbirdo]

Thank you Andy and DX for replies, I will continue to wait then. 

Will continue to update 

[Tbirdo]

Just a quick update. 

Apart from the odd phone call and letter asking to set up a payment plan, nothing else.

Case has been transferred to local county court since beginning of January, still waiting for further directions.

Does it normally take this long ?

[AndyOrch]

Strange.....give your local CC a ring and inquire...may of been discontinued and they never sent you notice.

[Tbirdo]

Will do on Monday . Thanks Andy 

[Tbirdo]

Hello there. Just got the phone to my local county court, the claimant has not informed the court if they wish to proceed further with the case as it is not settled.

I have been asked to ring back at the end of the week to see if further directions are required.

 

I have also received a letter from the claimant 

“we have yet to receive your response to the claim, in the absence of any realistic payment proposals or a completed income and expenditure form, WE WOULD CONSIDER CONTINUING our claim against you which may result in a CCJ entered against you”

 

Any thoughts and advice appreciated 

[dx100uk]

Let it run

 

[Tbirdo]

Thanks DX , 

[Tbirdo]

So a quick update , I have received my hearing date from the courts which is set for the 29 July.

after reading through the paperwork I have a some questions 

“mediation is suitable for this case, both parties to notify the court if suitable”

i ticked yes on my DQ, idem ticked no, would I still ring the court to agree, I am willing to participate in mediation?

 

“Witness statements to be sent to court and claimant 14 days prior to hearing”

Do I wait for idem to send me a witness statement and then counter each claim they are making or do I start now ?

 

As always all help is appreciated 

[AndyOrch]

Court would contact you...but as you state the claimant declined...its not going to happen.

 

Best to wait but invariably they either file on the death (to stop you countering) or dont even serve a copy at all.So best to make a start on it and if you do receive theirs in time you can edit and adapt.

 

Andy

[Tbirdo]

Thanks Andy , I am already drafting out a witness statement, will post it up for opinions later on in the week.

thanks again

[Tbirdo]

I have made a start on my witness statement. This is my first attempt at it, all advice is appreciated.

 

 

WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX 

 

 

                                                                                                                             Defendant: XXXXXXX

                                                                                                                              Date XX/XXX2019

IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX

XXXXXXXXXXXXXXXXXXXXXX

 

 

BETWEEN

 

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT

 

 

AND

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT

 

 

 

 

WITNESS STATEMENT OF XXXXXXXXXXXXXXXXXXXXX

                                                                                                                            

1 I , XXXXXXXXXXXXXXXXXXXXXXXXX of XXXXXXXXXXXXXXXXXXXXXXXX, XXXXXXX state as follows:-

 

 

I am the defendant in this case and believe that the facts stated in this witness statement are true.

 

WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX  PAGE 2

 

 1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit. 

 

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

I accept I have in the past had financial dealings with HSBC. That being a Loan Agreement and a Current Account with overdraft facility, neither of which had a credit limit to the value the claimant purports to be allegedly outstanding. I do not recall the precise details of the agreements but do recall it was on or about the year xxxx.

 

I had been paying regular monthly payments via a debt management company (xxxxxxxxxxxxx) up until xx/xx/xxxx, I ceased payments once I realised that I was being charged a fee to use they services.

 

After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.

 

I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request and a request pursuant to sec 61 B of the CCA1974 for the amalgamated alleged amount.

 

(DOC 1)

A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent

xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :

 

1.The Demand/Termination Notice (Notice served under section 76(1) and 98(1) of the CCA 1974.

2. Notices of sums in arrears under running account credit CCA 2006 sec 86C.

3. Notice of assignment

4. A statement of account

 

(DOC 1A)

The documents that were finally received do not meet the criteria set out in section 61 B of the CCA 1974

 

To date NO Demand/Termination Notice has been produced, no Notices of Sums in arrears have been produced. The notice of assigned is not an original and no original has ever been received, the statement of account appears to be a generic copy and only start form 2007.

 

(DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.

 

(DOC 2A) The Claimant acknowledged by letter dated xx/xx/xxxx they were unable to supply a copy of the Credit agreement and have acknowledged that they are unable to enforce litigation action.

 

The defendant claims to have issued a Default notice, but fail to mention a date that this was issued. I would like to point out that the claimant could not have possibly issued a Default Notice as they only bought the debt in xx/xx/xxxx and as far as I can recall any breach with the original creditor would have been on or around xxxx.

 

The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.

 

(DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx

 

The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.

 

Conclusion

 

I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.

 

 

I also state NO VALID Default has been produced from the claimant.

 

I believe that the that the facts stated in the witness state are true

 

 

Edited September 24, 2021 by dx100uk
formatting

[AndyOrch]

WS  drafted for another poster..see if there is anything you can use.

 

Witness stat draft2 overdraft.pdf

[Tbirdo]

Thank Andy