ICY m-i-l -V- HSBCvisa claim 11

[ICY]

SAR sent yesterday recorded delivery

[ICY]

This claim is a bit different in that m.i.l has power of attourney for the account holder, dont know if this is going to be more complicated

 

Story so far

 

16th April S.A.R - (Subject Access Request) sent along with cheque for £10 (to date uncashed)

 

20th April SAR confirmed as received by Royal mail

 

22nd May SAR reminder to be sent

 

29th May SAR deadline

 

 

 

To be continued .....

[ICY]

Statements all arrived, prelim has been sent and ignored, LBA going off today

[Celicaman]

good luck

 

Celicaman

[ICY]

Thanks Mr Toyota

[ICY]

The following petition has been put on the government website

 

We the undersigned petition the Prime Minister to Ensure UK citizens have the right to recapture illegal bank charges up until the day a UK court find them legal. More details

 

Petition to: Ensure UK citizens have the right to recapture illegal bank charges up until the day a UK court find them legal.

[ICY]

Havent gone any further on this claim, time to get N1 submitted, the claim is only for £44 but its the principal of it I am fighting

[jowalshy]

Welcome back Icy (again )

[ICY]

Received a reply last week.

 

Dear ...

 

Thank you for your letter of the 13th February 2008. This has been passed to me for my attention. I have now fully investigated the issues you raised and my response is detailed below.

 

Firstly I am sorry is has been necessary for you to contact us to make a complaint. HSBC endeavours to deliver the highest standard of service to all its customers at all times and i regret we have not met your expectations.

 

Default charges are charges payable if customers do not make the required minimum payment by the payment due date, if they exceed their credit limit or if a payment to their credit card account is returned unpaid. The amount of these charges and the cirumstances in which they are applied, is set out clearly in HSBCs Credit card Agreements. We believe that HSBCs charges to customers are lawful, fair and reasonable.

 

The Office of Fair Trading has recently published findings from its enquiry into default charges on credit cards. HSBC has carefully considered the OFTs publication and does not accept its findings.

 

However, the OFTs investigation has led to a change in market practices and HSBC has therfore decided, for commercial reasons and in the interests of customers, to reduce its Credit card default charges for the future. These changes do not affect charges that have already been applied. Accordingly, I regret that we are not prepared to make any refund of default charges or provide any compensation payments. I hope I have been able to clarify HSBCs position on Credit card charges.

 

I appreciate thie is not the response you were hoping for, but I trust I have made the banks position clear.

 

Thank you for taking the time to contact me to bring this matter to my attention, I am only sorry it was necessary for you to do so. I hope that matters have now been fully clarified. However, should this not be the case, I enclose a copy of our leaflet which explains how these matters are dealt with and the attached guidance sheet explains the next steps available to you

[ICY]

Claim filed, they have until 17th April to acknowledge

[jowalshy]

Well done ICY (again )

[ICY]

Claim has been acknowledged, awaiting defence now.

[HSBCrusher]

all the best with the claim icy.

[ICY]

Just got a letter from the court, as follows:

 

Upon reading the court file

 

IT IS ORDERED THAT

 

1. These proceedings can not be brought in the name of Mrs G. The claimant is Mrs B. Unless a properly completed application to amend the Claim Form and Particulars of Claim in the name of the person claiming is filed by 4pm on 28th May 2008 the claim do stand struck out.

 

On receipt of such application the file be referred back to the district judge.

 

 

 

The claim form was submitted by Mrs G, as Mrs B is no longer of sound mind, Mrs G has full power of authority of Mrs B's affair, and has had since 1994, this was included in the claim form, and a copy of the power of attorney was attached to the court papers, what more can we do.

They cannot allow Mrs B to be a party to the case, therefore a properly appointed person (which Mrs G is) should surely be allowed to deal with it on Mrs B's behalf.

 

Anyone any ideas?

[ICY]

Letter went off to the court explaining that the account holder is not able to deal with this matter due to dementia, she is no longer of sound mind. Mrs G has full power of attorney, still not heard back from the courts,

 

HOWEVER

 

Major escalation of events this last couple of weeks, me and wife have been out of the country for the last couple of weeks and on return my mum in lawa has given me some mail she has received, in among this is a statutory demand, requesting her bankrupcy

 

The demand was hand delivered on 4th June 2008 and is worded as follows:

 

Statutory demand under section 268(1)(a) of the insolvency act 1986. Debt for Liquidated sum payable immediatly

 

Warning

This isa an important document. You should refer to the notes entitled "how to comply with a statutory demand or have it set aside."

If you wish to have this demand set aside you must make application to do so within 18 days from its service on you. If you do not apply to set aside within 18 days or otherwise deal with this demand as set out in the notes within 21 days after its service on you,

you could be made bankrupt

.

 

Notes fro creditor

if the creditor is entitled to the debt by way of assignment, details of the original creditor and any intermediary assignees should be given in part C on page 3

If the amount of debt includes interest not previously notified to the debtor as included in the debtors liability details should be given, including the grounds upon which interest is charged. The amount of interest must be shown seperatly.

Any other charge accruing due from time to time may be claimed. The amount or rate of the charge must be identified and the grounds on which it is claimed must be stated.

In either case the amount claimed must be limited to that which has accrued due at the date of the demand.

 

Demand

 

To : XXXXX

Address : XXXXX

 

This demand is served on you by the creditor

Pheonix Recoveries (UK) Ltd S.A.R.L

 

Address : 4 Silkwood Business park, Fryers Way, Wakefield, West Yorkshire. WF5 9TJ

 

The creditor claims that you owe the sum of XXXXXXX full particulars of which are set out on page 2 and that is payable immediatly and to the extent of the sum demamded, is unsecured.

 

The creditor demands that you pay the above debt or secure or compound for it to the creditors satisfaction.

 

Page 2

 

The creditor demands the sum of XXXXXXX in respect of monies due under a credit agreement numbered XXXXXXXXXXXXXXXX with HSBC bank PLC

 

The agreement was assigned to Pheonix recoveries (UK) S.A.R.L under a sale agreement on the XX/XX/2007 between the creditor and HSBC bank PLC

 

The creditor further claims the additional sum of £150 being the cost of preperation of the statutory demands and the agents fee for the service.

 

At the date of this demand the total amount due for payment is XXXXXX

 

There is no court case number anywhere on the paperwork, nor is there any court documentation, however it does say to apply to X County Court to apply to have it set aside, but no court reference.

 

This accaount they are claiming for is already in the court system for refund of charges made by HSBC (allbeit a very low amount) therefore are they allowed to take this action, what are our next options available, ie checking deed of assignment, demanding they wait until the outcome of test case, CCA request ? obviously this is very serious, she does employ someone under direct payments scheme, and if she is made bankrupt then obviously she wont be allowed to be an employer ay more, she will also lose her home. She has written to them explaining she is a disabled person and is only in receipt of state benefits, she doesnt have other incomes, they have completely dissregarded all letters sent, finally in the letters she has informed them that she is only able to fdeal with this matter by mail or email due to a disablity which affects her speech, despite this they continued to ask her to ring them to sort things out.

 

Can someone please offer any help, on how to delay things, this will need time to try to fix.

[Castlebest]

I think you have to get in touch with the court, it will be difficult with no court reference but I'm sure they will point you in the right direction if they cannot help you directly.

 

I will try to get some better opinion on this too

 

On reflection that doesn't sound like a court form at all, I could be wrong but I think its just a very cruel threatening letter from a DCA trying to extract money and if the assignment was after you asked for your charges back no they cant do that.

 

 

pete

Edited June 15, 2008 by Castlebest

[rory32]

Statutory demands are fairly straightforward to set aside providing there is a dispute of some kind of the sum owed. Clearly in this case there is a dispute as you have a case lodged at court.

 

There won't be a court ref on the SD as it's issued by the creditor. Setting it aside is free and you can do tis at your local county court if it deals with bankruptcy. Most do but some of the smaller ones don't.

 

How much is the amount roughly claimed on the SD and what is the sum claimed in charges?

 

What type of account is this e.g. credit card, loan agreement?

[rory32]

Some suggested reading http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/135078-me-1st-credit-stat.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112326-debt-collection-agencies-statutory.html

[ICY]

Thanks for the advice guys, the SD amount is for £4700claim amount that is currently in the court system is onlyt for around £60, but at least it is in the system

[ICY]

On one of the SDs received the person named, is not of sound mind due to permanent medical illness , is it lawful to serve papers on someone not of sound mind?

 

Also, going to CCA these, if this is complied with, and we do get the forms back, and it can be proved (by going into medical records) that the named person was not of sound mind at the time of signing any agreement, what happens then?

[rory32]

amount that is currently in the court system is onlyt for around £60, but at least it is in the system

The point is the amount is disputed and it's in the system. You don't need to tell the court at the set aside that it's only £60.

and it can be proved (by going into medical records) that the named person was not of sound mind at the time of signing any agreement, what happens then?

Realistically you would be looking at the creditor writing the debt off under the Mental Capacity Act 2005.

[ICY]

The person named has been suffering from dementia since the early 90s, not sure for certain, but it is my belief that this account was opened since this time, wether it was opened rightly or wrongly by her is another matter, but we are pretty certain that she was suffering from dementia at the time of account opening.

 

But at least we have medical proof that she has had this illness probably all the time this account was open, we believe this account was opened in 2004, when she wouldnt have had the mental capacity to understand the contract she was getting into.

[Castlebest]

Thanks Rory, well we both learned something there Icy.

 

pete