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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Falcokeith

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Everything posted by Falcokeith

  1. Falcokeith
    Thank you And a big thanks to others on this site for the help and information provided
  2. Falcokeith
    They enclosed a copy notice of discontinuance that they have filed with my local court
  3. Falcokeith
    On Saturday I received a letter from HSBC stating they have decided not to continue with legal proceedings
  4. Falcokeith
    The strike out application is from me They are taking me to court for a credit card debt but have no paperwork
  5. Falcokeith
    Is it just a waiting game then? Court date is set for 20/08/2015 for hearing of my application to strike out Am I right in thinking that if I need to attend they will writer to me again? Thanks for all your help, it is much appreciated
  6. Falcokeith
    No, I didn't serve a copy on claimant (I still have lots to learn, I know) No, I have received nothing since the court order from anyone
  7. Falcokeith
    With my N244 I attached a draft order I did include that if they failed to comply the claim should be struck out without further order Would it not be possible to "remind" the court that was included in the N244 or do you think I should just wait? I know HSBC have been asking the court for all copies of paperwork I have put to the court so I don't think they are just going to go away
  8. Falcokeith
    No sanctions at all. I rang the court as I expected there should be but no, the Judgement was just to provide documents in 14 days
  9. Falcokeith
    I re filed my N244 as a CPR 18 failure to supply documentation and was told it would be sent with my case to local court Local judge sent General Form of Judgement or Order Ordering HSBC to provide within 14 days A copy of original agreement A copy of the default notice Evidence of service of default notice A statement of defendants account This was on 18/06/2015 and time is now over I phoned the court asking what happens now and it appears that there is no penalty for HSBC not providing any of this information!! Silly me I thought that if a judge ordered something and it was not complied with the case would be thrown out but it appears it still has to wait until Late August for a hearing of the defendants application to strike out. Is it worth writing to the court or do I just need to wait?
  10. Falcokeith
    Will do I think next phase will be preparing Witness Statement as it has now been allocated to my local court
  11. Falcokeith
    I was going to rely on s127 if the judge appeared that way inclined And thanks again for all your help
  12. Falcokeith
    Yes correct address but wrong Christian name
  13. Falcokeith
    Hi Dx, Sorry, I did say in a previous post I had counted double pages also they had sent me 2 copies of current T&C's. Do they need a signed agreement to enforce in court on any agreement or is it just that this one is pre-2007?
  14. Falcokeith
    This is what was sent to me as a reconstituted Credit Agreement Does it look properly executed? They also sent me T&C's for 1996 (date of agreement) and current ones If anyone can find faults I can use I would appreciate it Application form, covering letter and terms and conditions from date of agreement 1996 Hope that is all readable Only other thing that came was current terms and conditions, didn't think they would be important to this but will upload them if necessary Thankfully not as many pages as I thought as I counted for both sides
  15. Falcokeith
    So how can I convince the Judge that it is not valid and acceptable? That seems to be the way forward
  16. Falcokeith
    Just seems weird to me that they can tell me they have no CCA so cannot take it through court and then take it to court a few years later with a copy application form (They even got my name on that wrong)
  17. Falcokeith
    Well the claim was stayed but HSBC then wrote to me telling me they did not have to answer my CPR31.14 as would be allocated to small claims track. I wrote back stating until it was allocated they were still liable under CPR31.14 HSBC wrote again with a re-constituted CCA (Application form with separate 1996 T&C's and current T&C's) stating they would have stay lifted and proceed with claim as in balance of probabilities they had proved debt Stay was lifted and will be allocated to my local court Wrote back to them with CPR18 again requesting CCA but no doubt will be ignored Submitted N244 to court to request unless they provide CCA claim should be stayed, now waiting Would anyone have any ideas about this? I was always lead to believe that with no CCA a court case was not possible
  18. Falcokeith
    That sounds promising
  19. Falcokeith
    This is all I got along with current T&C's
  20. Falcokeith
    I have received a CCA from HSBC dated 05/2005 Does not appear enforceable to me but would appreciate another set of eyes Also guessing it is a copy from microfilm or computer not from a physical agreement
  21. Falcokeith
    My defence CLAIM NO: ******** In the County Court Business Centre CASE SUMMARY 1. I am the Defendant in this case. 2. On 01/12/2014 and 23/12/2014 I wrote to the Claimant requesting Verification of the debt 3. On 13/01/2015 the Claimant responded to the Defendant's letter with no mention of the Consumer Credit Agreement or any verification of the debt 4. On 23/01/2015 I wrote to the Claimant restating my case to see the requested documents for Verification of the debt 5. On 18/02/2015 the Claimant submitted a claim to Northampton County Court stating their particulars of claim. 6. I completed online the Acknowledgement of Service on 23/02/2015 7. The Defendant sent out a CPR31.14 request letter on 23/02/2015, asking for the following documents to be produce in court: a. The agreement b. The demand/termination notice c. The default notice 8. To date I have not received an acknowledgement of my CPR31.14,nor does it appear any of the requested documents have been forthcoming. 9. The Defendant rebuts all the above in that there is no enforceable agreement and therefore no claim should have been made I have in my possession 2 letters dated 11/11/2013 and 16/12/2013 from HSBC confirming that there is no Consumer Credit Agreement relevant to this case therefore this legal action is both unlawful and vexatious I respectfully request the Claimant's claim be Struck Out with prejudice due to their lack of evidence Statement of Truth I believe the facts stated within this Case Summary to be true comprising of 1page. Dated this 10th day March of year 2015. Signed
  22. Falcokeith
    Claim acknowledged, CPR sent with no response and defence filed. Guess I just have to wait now
  23. Falcokeith
    Probably, does that make a difference?
  24. Falcokeith
    Was just working on it being a 1997 agreement with no CCA
  25. Falcokeith
    I stopped reduced payments in October 2014 I have acknowledged claim on line

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