Court Claim HSBC Irregular default judgment..now to set a side.

[John1973]

Hi there all,

 

I'm new here so I hope I have posted in the correct forum.

 

I have received a court letter - Northampton County Court.

Claimant HSBC bank.

It is for the amount £2,938.41. It was assigned to the claimant on the 8/12/2011.

With court costs it amounts to £3013.41.

 

I don't know what to do?

 

Issue date was the 2nd of December 2013.

I live in Wolverhampton and cannot travel all the way to Northampton, plus me being at work everyday.

 

This chase for this money has been happening since 2007.

I had a letter saying I had an overdraft of this amount.

I have never had an overdraft of this amount.

I asked them for proof, a credit agreement or anything saying I had it

and they said there was no credit agreement

and that the account was no longer open that it was closed?

 

They also said that you don't need an agreement for an overdraft?

I am puzzled!

 

To me it seems a bank can just accuse someone from out of the blue of having money from them and take you to court?

 

I have not heard from them for ages, then this has just now turned up out of the blue.

 

First letter I had was from a Central Debt Rec in 2007.

I asked them for proof that I had it as I have no memory of ever having that amount of overdraft in my lifetime.

They sent a letter saying it had been passed back and would contact no more.

 

Then I had a letter from a DG Solicitors also in 2007.

Asked them the same. They passed it back.

 

Had a letter from HL Legal in 2008. Asked them the same. They passed it back.

 

Had a letter from Capquest Debt Rec. also in 2008. They passed it back.

 

Had a letter from Scotcall also in 2008. They passed it back.

 

Had another letter from a Lewis Debt Recovery also in 2008. They also passed it back.

 

But it was the DG Solicitors that sent me information regarding the agreement. They told me that:

 

"Section 78 of the CC Act 1974 does not apply to current accounts.

That the current account is not a regulated agreement because it provides no credit.

The overdraft agreement provides credit and sits separately from the current account agreement.

 

Credit agreements normally have to comply with part v of the consumer credit act 1974. Part v covers the form and content of the agreements,

signing of agreements and duty to supply copies of unexecuted and executed agreements.

 

However, current account overdrafts are given specific exemption from all the part v formality requirements by section 74 (1) (b) of the act.

This exemption applies only when the OFT grant a determination under section 74 (3) and this was given for overdrafts on 21st December 1989.

 

The consequence of this is that there is no executed agreement for a current account overdraft andso section 78 (right to demand a copy of the executed agreement) does not apply.

 

In respect of your request for a copy of the original signed agreement for account number ********** ,

we confirm that it is not been possible to locate these agreements.

However there is more than sufficiant evidence of your entry into an agreement with the bank

and the variation to the terms and conditions of that agreement over the years.

 

We would also point out to you that you have been informed that the account is closed.

Although there is a debt owed by you there is however no longer a live agreement with the bank

and the variation to the terms and conditions of that agreement over the years."

 

 

That was sent to me dated on letter - 28.08.2007

 

 

I have not heard anything since until now.

 

Would be grateful to hear some advice.

 

Thank you, John.

[BankFodder]

Firstly - don't worry about Northampton. That is just a processing centre. The case will be transferred to your local court.

 

Your post raises a lot of questions here. How long ago was this alleged overdraft anyway? - Precise dates, please.

 

What are the court costs about? Normally there are no costs for claims less than £10k. Are you talking about interest?

 

Can you post up the claim form please - blank out the identifiers.

Have you got copies of all of this correspondence?

 

My first thought is that this claim is statute barred.

 

When did you receive the claim? You must respond to it within the deadlines. We will help you do this.

[John1973]

Thank you for the reply.

 

I couldn't tell you when exact date of overdraft as I can't remember having an overdraft of that amount. I never knew a bank would allow you that. Not especially on the money I make which is just your average wage.

 

I first received a letter from a Cenral Debt recovery unit. Date on letter 26th September 2007, that is what started it all off. Saying it was regarding a debt I owed them that has been referred to them.

 

Court costs - says court fee which increases the amount.

 

I can post up claim form and I have copies of letters I have kept over years.

 

What is statute barred?

 

Date on claim form 2nd december 2013

[BankFodder]

Start reading the forum a little in order to understand your position. Search on "statute barred" "limitation act" and also check the link here - statute barred.

We will help you but you will be more confident if you start getting informed for yourself as well

[BankFodder]

Well done on keeping the letters. Makes sure that they are well organised.

Post up the claim form.

 

What was the first date that the bank challenged you for this debt?

[Surfer01]

I think Statute barred is the initial way to go, but you also need to clear your name as it will affect your credit rating. If HSBC are wrong, you may be able to claim some serious compensation.

[John1973]

Will do as you all say. Thank you. Here are the letters.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?406314-HSBC-and-DG-solicitors&highlight=DG+solicitors

[dx100uk]

offering a discount too so somethings up with the debt.

[John1973]

2nd batch of letters

[BankFodder]

Can you please email all to us on our admin address

[John1973]

3rd batch of letters

[John1973]

Hi there. I have read the posts you have posted up in links to me. And I thank you all for your help. Appreciated.

 

I have just registered online today at the money claim online site. I have done the acknowledgement of service and I am defending all the claim and the jurisdiction.

 

How do I go about the defense? Is there a post on here I can follow suit too?

 

Do I send a letter to the people who are taking me to court to let them know about all the previous people who have contacted me since 2007. And do i also tell them about the account being closed and also no agreement.

[dx100uk]

make a multipage doc of your letters then convert it to PDF

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[BankFodder]

Could you please email the documents on our admin email address. Send them as attachments please. I have received on from you but which occurs in the email body.

It is very difficult for us to handle all of these JPGs which yo are putting up.

We really do need then in a multi documents single pdf. - or else send them to me by email.

 

We can't advise you on the defence until we see what the position is.

 

For the moment, merely acknowledge the claim and say that you intend to defend.

[BankFodder]

OK, I've received four of them and a claim form. .

I notice that you say that you have never had an overdraft of that amount

This sounds to me as if you have had an overdraft - probably with that bank but merely that you did not realise how big the overdraft was.

Maybe you haven't realised how quickly these things escalate if you don't deal with them and the bank starts adding on their charges and charges on charges. It soon spirals.

 

Could that be the explanation?

 

I think that you need to be sure before you start putting things down in your defence which later turn out to be incorrect.

 

Are you really sure of your dates?

 

If you are sure of your dates then I think that the best thing to do is to defend:-

 

 

1. The defendant is not indebted to the claimant.
   
2. The claimant has not given any details of the alleged debt such dates, sums involved, interest etc - therefore the defendant is not able to make any additional comment.
   
3. In any event the defendant has not had any dealings with the HSBC bank since early in 2007 and so even if there was any debt, it would now be subject to the Limitation Act 1980
   

[rdm2006]

you can bet with HSBC it will be a very small overdraft which has then "attracted" huge charges.

[John1973]

I need help.

 

i had a court letter and went online to deal with it as I work a lot.

 

I filled in form to say I was going to fight it. I also asked for it to be bought to Wolverhampton as I couldn't get up Northampton.

 

Ive been waiting since end December for reply but nothing

 

Now i had a letter today saying i defaulted and i got to pay over £3000 to this company

 

I asked HSBC the bank for any signature of this loan i had and they sent a letter back saying they didn't have anything - this was in 2007. Then they changed it to that i had an overdraft. they have been passing it to debt collectors over the years and I ring up the collectors and tell them and they pass it back. But this new one not sent me anything just went straight to court. I detested it but been waiting of court for reply - now I got to pay

 

Can i do anything?

 

thank you

[John1973]

Default County court judgement

I need help.

 

Regarding above. I did everything they asked and I have been waiting for it to come to my ed.

 

I had a court letter and went online to deal with it as I work a lot.

 

I filled in form to say I was going to fight it. I also asked for it to be bought to Wolverhampton as I couldn't get up Northampton.

 

Ive been waiting since end December for reply but nothing

 

Now i had a letter today saying i defaulted and i got to pay over £3000 to this company

 

I asked HSBCicon the bank for any signature of this loan i had and they sent a letter back saying they didn't have anything - this was in 2007. Then they changed it to that i had an overdraft. they have been passing it to debt collectorsicon over the years and I ring up the collectors and tell them and they pass it back. But this new one not sent me anything just went straight to court. I detested it but been waiting of court for reply - now I got to pay

 

Can i do anything?

 

thank you

[John1973]

I acknowledged the claim and said I was going to defend and wanted it moved to my jurisdiction as couldnt get up there. I have not heard anything until I had this letter saying I defaulted...?

[Andyorch]

But did you not submit a defence?

 

 

Regards

 

Andy

[John1973]

No. I thought I had to wait until it moved to Wolverhampton. That would be my fault then. I naturaly thought they had to pass it first. Ive never done it before. All complicated. So does that mean I have to pay? Because I have rang up the court today and they said I have to fill in a n244 to set it aside, but I cant find it. I have to pay £155.00 to do it - Im willing to pay, but would it be worth it as I don't want to lose more money. : (

[John1973]

I've got everything in a folder ready to take to the courts including the letter stating they have no signed agreement which I had years ago - but I thought I had to wait till they moved it here to take it in with me.

[Andyorch]

You was provided a defence in post#16 John by Bankfodder.

 

Here is the N244 :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice

 

The fee is £80.

 

Because you acknowledged service this is known as an irregular default judgment so it will be set a side without much trouble...you will need to enclose your defence with this application and submit it to the court that issued judgment (Northampton) who will then transfer the claim to your local county court to process the set a side.

 

Regards

 

Andy

[John1973]

You are very informative. Trust me I am grateful. I truly do not know what I am doing here. I will go through what you have said above and make sure I do it thoroughly this time. Thank you again. I will post back to show what is happening. : )