Claim Issued Against Me. HSBC BANK.**WON** They discontinued

[pt2537]

No problems ask away.

 

I take it, its not worth counter claiming for anything, the default doesnt worry me at all.

 

Only question i have is, where has the debt gone? HSBC have sold it, so they have wshed their hands of it? CL cant chase me for it if they have wrong details? So is it likely it has just vanished?

 

Right, the debt has gone nowhere IMHO as they sold a nonexsistent debt

 

you have proof that the account was closed and has a zero balance therefore they have sold a non exsistent debt

[wednesday1867]

So its just a case of waiting for HSBC to re find it and sell it on under the right details?

 

I did all the paperwork to take HSBC to court a few months ago, reclaiming the interest and getting the default removed, but i forgot to sign it, i re sent the paperwork, but the court didnt match it up and i was refunded, never got round to re submitting it, would it be worthwhile, once this has done, taking HSBC to court regarding the unenforcability of the agreement and to get the default removed? To put this to bed as it were.

[pt2537]

Well, i find it rather funny actually that they have goofed it completely and sold an empty box for probably a few quid

 

you can reclaim any penalty charges on this bank account BTW , lets worry about this case in hand first before we start looking at future litigation;)

 

 

regards

paul

[B3rty]

Wednesday

I spoke to someone at HSBC solicitors on the 27th Dec which was a great time as the person was full of Xmas cheer and very helpful, she told me that the wrong accounts were used by Metropolitan as they had used old account numbers that were showing on the systems and the new accounts had disappeared so their systems balanced

[wednesday1867]

you can reclaim any penalty charges on this bank account BTW

 

Wheels were in motion until the OFT started their claim, my claim for charges on the bank account has got to the court stage, but was Stayed until the outcome of the OFT case.

 

Wednesday

 

I spoke to someone at HSBC solicitors on the 27th Dec which was a great time as the person was full of Xmas cheer and very helpful, she told me that the wrong accounts were used by Metropolitan as they had used old account numbers that were showing on the systems and the new accounts had disappeared so their systems balanced

 

My Managed Loan went to Metropolitan first, i have just checked their letters and they too quote my Current Account Number. So it may of dissapeared? :grin:

[pt2537]

Hi Wednesday,

 

ive started to look at the defence for this, it shouldnt take too long to put together so i expect to have it complete by tomorrow evening,

 

however, as usual i must state that what ever i offer is based upon my opinion, it is your decision should you chose to use it or not

 

Regards

 

paul

[pt2537]

In the xxxxxxxx County Court

Claim number

 

 

 

 

 

Between

 

xxxxxxxxxxx- Claimant

 

and

 

 

 

Wednesday - Defendant

 

 

 

Defence

 

1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. It is admitted that I held a bank account with HSBC Bank Plc, which was opened in XXXX and closed on or around xxxxxx .At the point which the account closed, it did so with a positive balance, see attached statement (Exhibit Wednesday 1)

 

4. Notwithstanding point 3,the claimants' particulars of claims do not appear to disclose any legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

c) No copies of statements relating to the bank account have been included with the claim form and no particulars have been offered supporting the claimants claims of my indebtedness to them

 

 

5. In considering the claimants particulars of claim, it would appear that they are in error, the account claimed to have a balance of XXXX has clearly been closed with no outstanding monies owed, it is therefore denied I am indebted to the claimant under HSBC account number xxxxxxx or the claimants own account number xxxxxxxxx and I consequently do not see what case there is to answer

 

6. Further to the case, on xx/xx/2007 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Bank Statements and/or Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments made by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Deed of assignment and Notice of assignment

 

 

7. The claimant has failed to comply with my request for disclosure entirely and it is suggested that such failure highlights that there is no case for me to answer

 

 

8. Since the claimant has failed to comply with the request for disclosure as outlined in point 6, and considering that the account was closed with a positive balance of XXX as clearly indicated, it is requested the court consider striking out the claimant statement of claim as failing to disclose reasonable grounds for bringing the claim

 

 

9. I further ask the court consider striking out the claimants case as it fails to comply with part 16 and practice direction 16 insofar that no documents have been supplied and fails to show any consideration to the overriding objective to allow the court to deal with this case justly

 

 

10. Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in point 8 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

 

 

11. Should the claimant request permission from the court to amend its particulars due to any errors, it is requested that the defendant be granted permission accordingly to amend this defence accordingly

 

 

 

 

 

 

 

 

 

 

Statement of Truth

 

 

I xxxxxxxxxxx, The Defendant, believe the above statement to be true and factual

 

 

Signed .....................

 

Date

 

 

 

 

Hi wednesday,

 

heres my suggestion for a defence, short , sweet and to the point

 

they have not provided any basis for bringing this claim so there is very little to say in response, the account was closed, you have proof as such, and they have not provided any evidence that you are indeed indebted to them as they suggest under the account number claimed

 

you would need to read and check it makes sense and is accurate

 

Regards

paul

[wednesday1867]

Thanks Paul, i dont understand half of it, so it must be good nah im joking, ill havea good read through it and see what i can make of it.

 

Thanks Again.

[wednesday1867]

This morning i received a "Notice of Discontinuance" from Cl's Solicitors, with a covering letter saying the claim against me was issued in error.

 

So i guess thats the end of this chapter and now a waiting game til they match everything up?

 

Thanks very much for your help one and all especially Paul.

[wednesday1867]

Would it be wise to start my own proceedings to get the default removed, because without a valid agreement, am i right in thinking they cant issue a default notice?

[pt2537]

RESULT!!!!

 

Right then

 

Keep that letter safe, infact keep all the documents in relation to this claim very safe,

 

it may come in very handy if they are stooooopid enough to re issue proceedings against you under the other account

[wednesday1867]

Will do, seeing as the Notice says "Take Notice that the upon the defendant making payment to the claimant" Which i obviously haven't

 

Is it worthwhile trying to get the default removed now?

[pt2537]

Hi wednesday,

 

Any chance you could post a copy of the document? removing all the personal bits first, i am a little concerned if they have told the court you have paid as you clearly havent and it may even be the case that you give the court a call on monday to see what they have said

 

Regards

paul

[wednesday1867]

Does it matter if they say i have paid? Surely that just zero's this account number, if they match it up with the right details, saying ive paid this won't come into it?

 

Here it is:

 

[pt2537]

Hi wednesday,

 

Well, im just concerned that they are saying that they have brought the claim and you have paid them in an out of court settlement if you like,

 

i will have a chat with a couple of the other Sitehelpers to gauge an opinion and see what they others say.

 

at the end of the day

 

they have brought a claim without any grounds to do so, now they are saying youve given in and paid, thats how im reading it

 

bear with me and i will get back to you

 

regards

paul

[wednesday1867]

Didnt think of that, i just kinda dismissed it, just gald they had stopped proceedings.

 

Take as long as needed and thanks again.

[jumpjet]

Hi wednesday1867,

 

Thank you so much for pointing me towards your thread!

 

I have just read it all the way through and so relieved at the outcome yesterday!

 

You are right about the similarities, the only difference seems to be that I had already claimed refund of charges from HSBC and made it a condition of my acceptance that they used part of their offer to pay off the current account so that it could be closed.

 

Just a thought! You say earlier that metropolitan had messed up the account numbers on a number of accounts. I take it that you are hoping that they have indeed been lost...................Would'nt that be nice! could it be the case that HSBC has simply passed them on to CL because they can't claim anything and CL has Just issued claims against them all as a job lot in the hope they won't be defended. If that were the case, and I were them, I would think it was worth a punt aswell!

 

Congratulations again!

[wednesday1867]

Just a thought! You say earlier that metropolitan had messed up the account numbers on a number of accounts. I take it that you are hoping that they have indeed been lost...................Would'nt that be nice! could it be the case that HSBC has simply passed them on to CL because they can't claim anything and CL has Just issued claims against them all as a job lot in the hope they won't be defended.

 

 

It would be nice if they have lost it, but it 6 months since i cca'd them, so its unenforcable as they havent supplied a signed agreement, so if they do find it, i can still defend it. Im just thinking about how to go about getting the default removed now.

 

As Goldlady said in post 11, it does seem as CL have issued claims against a number of people at once, like you say hoping people just back down and pay or dont even bother defending. I have had a couple of letters since they started their claim against me, saying that they are still waiting for documents from HSBC, because when it was first transferred i told them, they had bought a duff account and they should look into, which they are, so i was suprised to receive the Court papers.

 

So now again its just a waiting game, depending on what Paul and Mods decide is the best way forward with the lie they told the court.

[jumpjet]

Hi wednesday,

 

I have only just notice your PM : Thank you!

 

Obviuosly not ruthless enough with the tippex !:o

 

These people are not stupid though and I can't see another reason to buy a debt they can't claim.............................time will tell!

[wednesday1867]

Depends how much they paid for it tho? I would of thought it would only cost a percent of the acual debt, they may even get a bigger percentage off, if they buy a few at a time, also if the Bank have washed their hands of the account, i guess they would accpet something agianst a dead loss.

 

No worries about the PM, i kinda jumped the gun, saw the password and thought, that needs removing, after i sent the pm i realised half the claim number was missing, so it was ok

[jumpjet]

Iv'e deleted the doc's anyway..........will blank out completely next time. I just wanted Paul to see there were different numbers on the bank details so I left some in. Then did the same with the claim form, but you are quite right.

 

I have posted this morning one of my concerns (another one came to mind) Perhaps you could take a look and give me your views? I don't think there's a problem but I would like to cover every angle I can.

[wednesday1867]

How ya doing Paul?

 

Had chance to gauge consensus on this little white lie they told the Court?

 

If not, no worries and no rush

[pt2537]

Hi Wednesday,

 

i have sought some opinions on this

 

basically, its really up to you how you want to play it, you could accept thatthey have thrown in the towel or you could challenge the validity of their withdrawal

 

as i said its entirely your choice

 

Regards

paul

[wednesday1867]

Surely the only benefit of challenging the validity is to end up winning, which technically ive done already?

[jumpjet]

Hi Wednesday,

 

Can i ask if you actually recieved the additional information you asked for from CL. I sent the same letter a couple of days ago. I had a "sorry we missed you" card from postman today and have a large recorded white envelope to pick up from the sorting office. I assume this is the information I have asked for... I was hoping they would'nt send me anything! Hopfuly the defence remains the same...........its the wrong account! Just wondering if htere's any kind of pattern.