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HSBC **Court Action Issued**


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Just found this about reply to defence.

 

Reply to defence

 

15.8

 

If a claimant files a reply to the defence, he must –

(a) file his reply when he files his allocation questionnaire; and

(b) serve his reply on the other parties at the same time as he files it

 

3.2

 

Where a claimant serves a reply and a defence to counterclaim, the reply and defence to counterclaim should normally form one document with the defence to counterclaim following on from the reply.

 

 

Basically I think it is saying the AQ and RTD should be the same doc filled at the same time...I never got his AQ.

Looks like the solictior does not know the rules:D

One more for the judge

 

 

HAK

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  • 2 weeks later...
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I have called the Courts and MC solictors have submitted the AQ and paid the fee.

 

Not sure what this clown is playing at because I just can not see how he can win...

 

Unless I am missing something.

 

Hak

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Hi HAk, they actually dont bother sending you a copy, but i went into the court office and asked for one and she very kindly made me a photocopy.

 

You really need to see it cos it give you a good idea of what their tactics are going to be.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Just found this:

 

Solicitors are officers of the court (Solicitors act 1974 s50(1)) and consequently have duty not only to do there best for the clients but also never to decieve or mislead the courts.

 

Well MC is doing this with the application form he has!!!

 

HAK

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  • 3 weeks later...

Just called the Court and they have informed me the Judge has listed it for a three hour hearing...WOW

 

All info is stuck in the post somewere.

 

They did say they have not set a time or date yet.

 

Any idea why it is so ling of a hearing???

 

HAK

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Got the order today and the Judge has recommended Mediation.

 

I Have emailed the Court to agree with this.

 

It also says at the bottom of the form "The original Documents have to be brough to the Court" Should be fun

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Got the order today and the Judge has recommended Mediation.

 

I Have emailed the Court to agree with this.

 

It also says at the bottom of the form "The original Documents have to be brough to the Court" Should be fun

 

Thats crucial, hold them to this.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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  • 3 months later...

This case was just about to be stuck out when MC sent an application in to the Courts saying they never got the As IF order.

 

Rang the Court today and it has been adjurned for a few months.

 

Cant believe the sneeky tactics!!!

 

They have now said that Current Account mentioned on the POC of the claim form includes my credit card balance as they have merged them together.

 

Can they do this???

HAK

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This case was just about to be stuck out when MC sent an application in to the Courts saying they never got the As IF order.

 

Rang the Court today and it has been adjurned for a few months.

 

Cant believe the sneeky tactics!!!

 

They have now said that Current Account mentioned on the POC of the claim form includes my credit card balance as they have merged them together.

 

Can they do this???

HAK

No they should not do that
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  • 2 months later...

Though I would update this thread.

 

This has now been settled before it went to Court.

 

Unfortanatly I can not give any details regarding the settlement due to a clause in the settlement but I am very very happy.

 

Even more happy as I have just claimed hundreds of pounds back from credit card charges that 1st Direct had put on the account.

 

Its not stopping there as 1st Direct made a massive mistake on the selling of the debt so a complaint to the FOS is next....

 

Overall a great result

 

HAK

Edited by Having_A_Knightmare
typo
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