HSBC problem

[Dougy79]

Thanks Johnny.

 

I will consider a letter in the next day or so. Would you mind just having a read of it before I send it off if I post it here? Would be really appreciated.

 

What is the signifance of "running into a counter claim" Sorry if that's a silly question. It is my understanding that nothing will happen with regards to me getting any money back until the court case has been settled, although I understand that my claim will be delt with more quickly after that date, the quicker I get it to the court.

[johnnymitch]

Counter-claim

What it means dougy is that they won't take you to court for what they reckon you owe them , because your claim for £xxx . xx will be there and they don't want to have to pay that as part of a settlement deal which the court would probably be keen to do i.e.offset what they owe you against what you owe them ....... so they won't go there ........

 

There are hundreds, if not thousands of claims in this position and they have not gone to court with any of them as far as I know.....so it keeps them off your back until they run out of appeals and they have to cough up on all the 'stayed' claims.......

 

Start your court action by getting a form N1 from your local county court - instructions for filling it in are here :

 

Particulars of claim - N1 - updated version now available

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

[johnnymitch]

Article title 26 on page 2 of the 2nd link is the one you want , dougy .

[Dougy79]

Thanks Johnny, that makes perfect sense.

[Dougy79]

Recieved this yesterday from Moorcroft DCA.

 

Do you think the above letter can still be sent or do you think it needs to be amended.?

We have been instructed by HSBC Bank PLC

To collect overdue debt of £1403.86

It is a legal requirement to send a notice of intended litigation (highlighted and underlined) before legal proceedings in the county court are issued. This letter fulfills this requirement even if it is not actually read by you

To prevent legal action from being taken, it is essential that you settle this debt without delay. Payament should be submitted within 7 days or contact made with this office immediately by tel or letter with your payment offer. Failure to contact us by 10..00am 17/3/09 (highlighted and underlined) may result in legal proceedings being issued against you without further notice

We would draw your attention that if judgement and an order for repayment in full is obtainedand remaines unpaid, the following enforcement options are availiable and maybe pursued

1. Warrant of execution by baliffs against goods owned

2. Application for attachment of earnings with your present or future employer

3. Application for charging order on any property you may own or are purchasing under mortgage

 

yours sincerely

Edited March 13, 2009 by Dougy79
formatting

[johnnymitch]

I would et that first letter go as it stands dougy , - until you get that claim lodged at court you can't hit them with the 'Counter-claim ' hammer .

 

We would draw your attention that if judgement and an order for repayment in full is obtainedand remaines unpaid, the following enforcement options are availiable and maybe pursued

1. Warrant of execution by baliffs against goods owned

2. Application for attachment of earnings with your present or future employer

3. Application for charging order on any property you may own or are purchasing under mortgage

 

This is scaremongering stuff dougy , they can't do any of this without a court order , ..........

 

So, it's really in your interests to work on your N1 and get it into court Monday ........

Edited March 13, 2009 by johnnymitch
afterthought ........