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HSBC **Court Action Issued**


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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Paul

 

They say its a currnet account that went over drawn and they want to charge interest upto and after the judgment.

 

Thing is I was only overdrawn £150 and they have taken it upon them selves to add the credit card balance of over 4K into the current account.

 

Not sure they can do this??

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Sent a letter to Mortimer Clark Solictitors regarding his illegal action.

 

Marlins (Not MCS) have replied saying under Rankine v American Express ones the agreement has been terminated they do not have to produce the agreement.

 

Any thoughts??

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Marlins (Not MCS) have replied saying under Rankine v American Express ones the agreement has been terminated they do not have to produce the agreement.

 

Any thoughts??

 

Hi HAK

 

Not really a direct answer to your question, but possibly slightly relevant.

 

I had an account with HFC which has a Judgement against it (before I found CAG), and I have the original Default Notice (invalid though, due to time allowed to rectify) from HFC which says the account would be terminated if I did not rectify the default position. Therefore I think it would be safe to assume this account has been terminated.

 

I have tried several times since the CCJ was awarded (2 at least) to obtain a copy of the agreement by CCA request, and I have also S.A.R - (Subject Access Request)'d HFC to try and achieve the same aim. Each request (at least 3 in total) to HFC has met the usual HFC response of 'no response'.

 

However, 2-3 months ago this account was among those reported on here that Marlin claimed to have been assigned by HFC. I decided to CCA Marlin, and lo and behold they quickly came up with a result!

 

The problem is (for them that is!) what they kindly sent me claiming to be an agreement was in fact an almost completely illegible application form with no prescribed terms and no visible reference to anything overleaf etc.

 

Just making the point that sometimes they will supply an 'agreement' even though the account has been terminated, even if is to shoot themselves in the foot slightly. ;)

 

Cheers and good luck

Rob

 

PS

Forgot to mention, this was since the Rankine Judgement.

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Just got a letter for MC hes well P*ssed off with my letter.

 

Says I cant report him to the SRA.

Well I have so lets see what happens.

 

He also said they are not linked to Marlins!!! - Yer right

 

Also he also said he has given me ample time under the CPR with the letter before court action. He gave me 7 days dated from the letter and then issued proceedings. I actual got 3 dasys. Is this right???

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Just got a letter for MC hes well P*ssed off with my letter.

 

Says I cant report him to the SRA.

Well I have so lets see what happens.

 

He also said they are not linked to Marlins!!! - Yer right

 

Also he also said he has given me ample time under the CPR with the letter before court action. He gave me 7 days dated from the letter and then issued proceedings. I actual got 3 dasys. Is this right???

 

3 days?

 

Bullgif.jpg

 

 

Hmm, have a read of the general pre action protocols HAK you will see that this is wrong, they should have given you sufficient time AND information to investigate and reply to the claims this is before they launch proceedings

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Well MC are going to be well P**sed with me even more.

 

I have just had a letter from the Solicitors Regulation Authority Conduct Investigation Unit.

 

They are going to look into my complaint about them.

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  • 2 months later...

Update

 

MC did not respond to my defence and the case got stayed.

 

I called the Court today and they have lifted the stay as they were only a few days late.:mad:

 

It has now been transfered to my Local Court and I will receive a questionaire shortly.

 

HAK

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Cheers 42 Man

 

Good thing is they will have had to pay a fee for the stay and will have to pay a fee for the AQ.

 

Ive had nothing back form my CPR request and have sent two.

 

Do I ask for information in my Directions?

 

HAK

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As MC have issued Court action on a default debt I am realy tempted to ask the Court for the one and only solicitor of MC to attend and expalin his actions.

 

Can this be requested on the AQ?

 

How much would it cost me for him to travel to Court (about 400 miles round trip)

 

If I win do I still have to pay!!

 

HAK

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Just had a reply form my defence of Mart Clarke.

 

First he is saying the 36 paragragh defence and a CPR 18 is from a website!!

 

He has made some requests in the defence, Do i have to respond to them??

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Does it make any difference where the defence comes from? As long as it goes with what your doing?

 

They get their defence from a Solicitor, you get yours from a website. So what! :p

 

Is their defence that you get your defence from a website? Heh heh.

 

Hopefully someone with more knowledge will be along soon.

 

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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If the Judges are anything to go by from my last time I was there, they were well impressed that I was acting in person and did all the ground work. Doubt they will be bothered were the info came from at least I am trying to defend myself properly.

 

It also says:

I have threatened them with T/S, OFT, FOS

i have threatenedthem with a magistrates Court

I have reported them to the SRA

Therefor I have acted unreasonable and they will be applying for costs.

 

How sad putting that in the defence.:D

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Just had a reply form my defence of Mart Clarke.

 

First he is saying the 36 paragragh defence and a CPR 18 is from a website!!

 

He has made some requests in the defence, Do i have to respond to them??

He made some requests in the defence?

 

you mean in the reply to the defence?

 

If so what requests have they made?

 

oh and as far as your defence coming from a website, ask him where he gets his case law from?? i bet its a website !!!!! it matters not where the defence comes from, it matters more that the defence is correct and pleads your case in accordance with the CPR and as long it does he can whistle cos theres bugger all he can do

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It also says:

I have threatened them with T/S, OFT, FOS

i have threatenedthem with a magistrates Court

I have reported them to the SRA

Therefor I have acted unreasonable and they will be applying for costs.

 

How sad putting that in the defence.:D

and all of the above you are legitimatley entitled to do, and furthermore theres sod all they can do about it

 

 

as far as putting that in a defence that is unprofessional in my opinion and certainly not in accordance with the rules of pleading

 

i would be seriously embarrassed to churn that out in my day job thats for sure

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