CL Finance Ltd. court claim form 2 old HSBC debts **WON** Discontinued

[pt2537]

I am concerned about the footnote at the bottom of the agreement where it says hsbc use only. this refers to Loan account number......and the number is that of the loan account.

 

right the loan agreement should have the loan account number on it

 

as long as that loan number IS NOT THE ONE ON THE ASSIGNMENT or court claim form, then we are ok

 

 

as i said, wendesday appeared to be in the same position as your self, so his defence will fit yours with modification

[jumpjet]

i have just noticed in the T&C's under section 9 entitled "Cancellable Agreements".

 

"We will post you a notice of your right to cancel this agreement when we recieve the agreement signed by all of you. Usually we will not allow the loan to be drawn until the cancellation period has ended."

 

strange that ........... We paid bills with it the same day!

 

Anyway............. is that what they should have included?

[pt2537]

yep basically, they should have sent you notice as to how you can cancel the agreement by post

[jumpjet]

Loan agreement N0: x3x0x4xx2

standing order from bank account N0: x1x8x1x1

Court Claim form account N0: x1x8x1x1

Assignment account N0: x1x8x1x1

 

No......... There is no loan number on the assignment.

 

Sorry if I seem a bit slow.................Just trying to get all this to sink in!

[pt2537]

hey no problem, its good that you are taking this line and trying to get to grips with whats going on. it makes my life that much easier because at the point it goes to court, you will be understanding whats happened and what the arguments are etc

 

please try not to worry, we will do everything we can to help you

 

 

regards

paul

[jumpjet]

Thanks again PT2537....................Panic over for another day:D

 

I'll sleep easier now;)

[jumpjet]

hi all,

 

When the defence is sent in, do I send it to the court or CL's solicitors as they have suggested?

[jumpjet]

Hi all,

 

I have just heard from work that I will have to be in Edinburgh from the 11th of Feb. My defence has to be in by the 14th. so I will not be here to send it!

 

How soon can I send the defence in before time. My thinking is that I need to do this as soon as possible as I will be having a lot of work stuff to do very shortly and won't be able to give enough time to the defence!

[jumpjet]

bump

[B3rty]

Hi Scampjet.....this is quite common with HSBC/FD I have the same thing but no court action yet......still playing with the DCA, however I have spoken to someone in Metropolitian (their DCA) who admitted they had made an error and sold the wrong accounts, and the old accounts are off their system

 

Do you have an statement showing the account number on the court claim form x1x8x1x1, and if so does it have a zero balance

 

If so then you have evidence that the account has no liability.....if not you need to write to HSBC and ask for clarification of the account I wrote saying I was trying to get my finances in order, I realised the account was closed but could they just confirm the date the account was closed and the balance at the closure date

 

They wrote back saying it was closed in 2006 (they sold it Oct 2007) and the balance was nil, it took about 3 weeks for the letter to arrive so you will get it in time to quote it in your AQ...

[pt2537]

 

In the xxxxxxxx County Court

Claim number

 

 

 

 

 

Between

 

xxxxxxxxxxx- Claimant

 

and

 

 

- 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 scampjet 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 and there is no case to answer

 

 

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, if the court is not in agreement with points 8 and 9,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.

 

 

 

 

 

Statement of Truth

 

 

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

 

 

Signed ..................... date...................

 

i think that should more or less cover your defence needs

[jumpjet]

thanks again Pt2537,

 

One question though.......................should I use the words entireity as they sent me some information. Or are you saying that because the information was on the loan account it cannot be counted?

 

I assume I should include copies of the statements but should I just send them to the court or to CL's solicitors as well?

 

Is there anything else I should include?

 

Thanks again,

[jumpjet]

Hi Brty,

 

Yes I do have statments to show the account was paid off and a letter from HSBC to confirm the closure. also a letter to say that they have drawn a cheque in my name in respect of charges because the could'nt pay it into my account as it has been closed. also, the account was closed well before it was assigned to CL finance.

 

Do you think they will persue this to court? Or will they stop the claim as they did with Wednesday?

[B3rty]

Great defence from Paul....you only need send this and wait for the next step which should be the AQ...BTW is this Northampton or your local CC?

[pt2537]

it is truly difficult to say what they will do to be honest

 

i need to make a few tweaks to the defence and will do them tomorrow morning

 

the fact is they are suing you for the wrong account, they have not provided any documents which show you are indebted to them for that account and therefore they shouldn't be allowed to continue this action

 

im rather tired tonight so i will have a good look when im refreshed in the morning

 

regards

paul

[jumpjet]

Hi B3rty,

 

court is Northhampton. Paul said in an earlier post that it will automatically be heard at a local court. When will I know this for sure? Is that what the AQ is for?

[pt2537]

yes it will be transfered when you file your allocation questionnaire

 

 

the AQ is for case management, it allows the judge to consider what directions or orders if you like are needed and what track your case should be allocated to

[jumpjet]

Thanks Paul,

 

No probs waiting for the "tweak" . And given the amount of time you seem to spend on us thicko's.....................No wonder your tired!!!!

 

My head is spinning with just the details of my case.................I could'nt begin to imagine whats going through your head with all the time your are devoting!

 

Surfice to say, I am extremely grateful!

 

Thanks again!

[jumpjet]

Hi Pt2537,

 

Any news on the "little tweak"?

[pt2537]

Done;)

[jumpjet]

Thanks again!

 

 

Your a Bl**dy marvell!

[pt2537]

no worries,youre welcome

 

would love to see the look on their face when they realise what a balls up they have made

[jumpjet]

Should I send to solicitors as well?

 

Also, should I amend I for we etc and send as one defence for both me and my wife or separately. We both received claims forms but for the same case.

[pt2537]

no the court will send a copy to the sols

[jumpjet]

no worries,youre welcome

 

would love to see the look on their face when they realise what a balls up they have made

 

So would I!

 

I will probably need more help at the AQ stage, (but I'm hoping they'll fold before court) but for now.....I cannot stress how grateful to you we are......before your intervention we were really "bricking it". Still worried....but what ever the outcome....THANK YOU!