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laura1303

Defence Counterclaim HSBC

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Hi All

 

Firstly can I apologise for the long thread! My flatmate and I are both currently in the court process against HSBC and Barclays. I have received an acknowledgement from Barclays and should they not put in a defence before Monday I will win by default (fingers crossed)! However, my friend has had a less easy ride from HSBC and I was wondering if we could get some advice.

 

After starting her calim and receiving an acknowledgment she received a part offer from HSBC stating should it go to court they believe they would win. After declining the offer she received a Defence Counterclaim which states:-

 

  • The claimants account is governed by the defendants personal and/or banking terms and conditions
  • Persuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price lists, including an overdraft review fee for considering whether to provide and providing an overdraft.
  • The defendant denies that the charges applied to the claimants account amount to penalties at common law and/or contract terms for the purpose of the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs).
  • The charges applied to the claimants account are reasonable and are properly and fully disclosed in the defendants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and, accordingly, cannot amount to a penalty.
  • Save as set out above, each and every allegation made by the claimant is denied. For the reasons set out above, it is denied that the claimant is entitled to the relief claimed in any relief.

As you can imagine she is getting worried about it going to court and would like some advise in preparing for this. In the Allocation questionaire it asks if you require permission to use an expert's report at the hearing I was the Radio 4 audio file on the site, should she use this and any other materials?

Any help would be hugely appreciated as she is getting quite worried

Thanks x

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Hi Laura

 

We have seen quite a few of these defences from the banks. It is pretty standard so don't worry too much. The Court Bundle, and all of your friends statements, and all correspondance should be presented at the hearing. Please take care in getting all of your paperwork in some sort of order. You will probably not go to court as they usually settle when the court date is issued. They will not disclose the true costs so normally back out. There is a guide to filling in AQ's in the Bank Templates Library to help you.

 

Here is the link:http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Good luck

 

Ukaviator


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

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Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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Thank you so much for all you help and advice with this Ukaviator

x

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