Disability Case Struck out of court??

[magnum32]

Hello

 

I am taking HSBC to court for Disability Discrimination

 

The Human Rights Commission say I have a good case

 

My solicitor said I have 50-50chance of winning,

 

So my solicitor Dropped my case

 

Becuause:-

1. 50-50 chance

2. I need legal aid - so risk is too big for 50-50

3. They seriously overlooked evidence I provided

4. HSBC Solicitors omitted and fiddled evidence

(They really are playing dirty - I can't believe that they could be so dishonest !)

- so my solicitor took their 'professional' word over mine without listening to the evidence.

 

I was cross but I decided to represent myself at court

 

 

Problem

When my solicitor handed over information to me so that I can represent myself

They did not mention that I had to sign the Particulars of Claim,

 

I did not sign it as I signed the claim N1 form and thought that was enough.

 

If I had dealt with this myself from begining I would have know whats what - but because solicitor was dealing with it, they did not give me all the information during hand-over

 

*Now HSBC are saying they may seek the have to claim struck out of court as I did not follow procedure with a signature on Particulars of Claim, although Claim form was signed.

So now -

Under the The Civil Procedure Rules which require parties to litigation to act reasonably and to co-operate where possible at every stage of the litigation process.

I asked the courts to tell HSBC that they need to Co-operate as I have co-operated with them by giving HSBC 'extension of time to respond to letter before action' also HSBC asked me to 'give them time before serving the claim form'

When I had my solicitor, they advised me to allow time or the court will say I have not co-operated,

I would have been able to correct this mistake within deadline if I had not given them flexibility and extension.

 

Can anyone advise me what to do, I haven't heard from the courts yet.

 

Can HSBC suceed in getting the Claim struck out ? if the Claim for is signed but not the Particulars of Claim ??

[maroondevo52]

Hello and Welcome, magnum32.

 

I'm going to move this thread to the Legal Issues Forum, I'll also unapprove your duplicate threads, always better sticking to one.

 

Regards.

 

Scott.

[loopinlouie]

Just bumping up the thread:)

[Bookworm]

It would be highly unlikley a judge would strike out your claim because you failed to sign it. Instead, it's most likely the courts will contact you and will tell you you need to sign it. Seems to me the solicitors are just trying to intimidate you further, there's a shocker. (the clue is in the word "may". ;-))

[Bookworm]

And btw, some details on your case would be interesting, why are you taking them to court for discrimination?

[magnum32]

Thanks for the encouragement

 

Well I have a sever speech problem.

 

When I lost my job I found it hard to keep up credit card payment

 

I have to contact them to ask for lower repayment under the financial hardship policy.

 

HSBC say they have alternative methods of payment

 

but thats not helpful when I want to make an enquiry

 

they didn't give me any address or email for the dept I wanted

 

when I asked for reasonable adjustment to access their service - they said 'NO because we need to provide the same level of service to everyone'

 

Then they said I never told them about my disability - but they hear me struggle on the phone.

 

I also wrote to them about it.

 

They did not ask me how they can assist in providing access to system

 

When I wrote to them - they did not respond

 

Instead they said I have to call to sort it out or I will be passed to the baliffs.

 

Then they said I have to 'prove' that I have a disability

 

They failed me on so many occassions.

 

[Bookworm]

when I asked for reasonable adjustment to access their service - they said 'NO because we need to provide the same level of service to everyone'

Please tell me that you have that in writing! Morons.

 

Ok, you have 2 issues here, so one thing at the time:

"will be passed to the bailiffs"... Errr, no. If it's a credit card, they would have to take you to court first then win, then you failing to keep up repayments, and then them getting a warrant of execution and only then, would bailiffs be involved.

It may sound daft, but are you SURE it's HSBC pursuing you, and not a debt collector with pretend solicitors hounding you? Please name them, we'll soon be able to tell you. This type of tactics rings DCA to me, so that's for starters.

 

It's very important that we know the answer to the above, because it may be that yo may actually be suing the wrong people! We really need to be able to work out who said what, who actually discriminated etc...

 

I have a horrible horrible suspicion that this is going to end up being a DCA case, so please answer ASAP.