upferret:

They are still adding interest and charges to the account, do they ever aknowledge that theyre in default and stop doing this? they just ignore every default notice I've sent.

Do I need to report them to anywhere (only asking because I've seen this mentioned) before I sit back and do nothing?

They will behave as though there is nothing wrong including adding interest, default charges and even Default Notices and yes they will ignore all your letters saying they are wrong. Ostriches and sand comes to mind. You should always say that without the agreement you do not acknowledge the debt and ask them to enter into negotiations to reduce or write off the debt (looks good in court).

You can report them to Trading Standards and the FOS, but this is often pretty frustrating. After a while you will get letters from DCAs, to which you should reply the account is in dispute - bogoff etc.

After a while the letters and threats slow down. I have two CCAs who I've heard nothing from for over a month despite defaults and threats. But I'm not holding my breath.

Ok an update - I filed an N1 form, HSBC failed to reply within the specified time, so I sent a request for judgement on the 2nd Oct which arrived at the court on the 5th. HSBC then decided to file a defence on the 8th which is a week after their deadline of 1st Oct.

I rang the county court and they said that HSBC are allowed to do this as judgment has not been filed yet. She said to write a letter to the judge to explain/point out the difference in the dates, which I have done, and i've included a copy of my postal reciept showing it was sent recorded delivery on the 2nd Oct. She also said this would probably not make any difference. So, what happens now?

Thanks in advance for any advice you can give me

Basically the court will now issue Allocation forms so the judge can allocate an appropriate court for the hearing.

It is doubtful the judge will enter a judgement when HSBC have made a defence (even if after the allocated time). In any event they could have applied for a set aside even after judgement.

Following the allocation will be directions for evidence. The court will set a date/time for the hearing. Then the hearing.

What was your claim for and what defence have HSBC entered?

This is a basic guide to court procedures: http://www.justclaim.co.uk/index.php?file=/index.page

Hi, thanks, the claim was for non complience of SAR, (basically I just want my credit agreement) plus damages. It just says "the defendant filed an acknowledgement of service on 8th Oct 2009. The defendant responded to the claim indicating an intention to defend all of the claim."

HSBC have 14 days (from the date the acknowledgement was due) to file a defence. A copy should be sent to you.

You should then prepare your full statement of case for the hearing based on the defence.

What were the 'damages' for?

Hi, the damages were just the costs of me trying to get my agreement, it adds up to about £100. HSBC missed the deadline for the defence but were still allowed to hand it in. How do I prepare my statement case? Ive completed and sent the allocation questionnaire. I got a copy of the defense from HSBC, it just says they sent the information requested in the SAR on such a date. But no credt agreement was included, which is what I specifically requested. There was just a filled out (by them) application form, which I stated wwould not be acceptable.

Hmmm .. not sure what to advise. Apart from the court fees for the original claim and allocation, which would be awarded should you win the case, I'm not sure what 'damage' you have sustained. The cost of the SAR (£10) is a legitimate charge and your original postage is not recoverable as it was your choice to request the SAR.

Hi, I researched this and I am claiming for all the postage it has cost me, for my time writing each letter, fees and stationary, I researched it and thought it was a reasonable claim? Ive looked at other peoples cases and theyve claimed far more than I have and have had it all paid to them too. I was told to do this on the consumer action site.Maybe Im wording it wrong, maybe its not damages, but costs?

upferret:

Hi, I researched this and I am claiming for all the postage it has cost me, for my time writing each letter, fees and stationary, I researched it and thought it was a reasonable claim? Ive looked at other peoples cases and theyve claimed far more than I have and have had it all paid to them too. I was told to do this on the consumer action site.Maybe Im wording it wrong, maybe its not damages, but costs?

OK damages/costs accepted. I'm not sure what you are trying to achieve. Your ultimate aim would be to get the 'agreement' (the 'filled in by them' application) declared unenforceable and possibly any defaults removed.

To me it doesn't sound like your current claim will achieve this.

why not? That is what Im claiming for to get hsbc to produce my agreement. The costs are just on top of that.

upferret:why not? That is what Im claiming for to get hsbc to produce my agreement. The costs are just on top of that.

But they have produced an agreement - albeit not a valid one. The filled in application they have sent is what they claim is your agreement. This complies with the Act to produce it (and under s172 they are stuck with it). You have no case against them to produce this.

Your case now is to get this 'agreement' declared unenforceable and any defaults removed. I'm not sure where you can go with this now.

We need someone more experienced with court procedures to advise whether you can put in an application for a declaration on the back of your current claim.

Hi Upferret,

I agree you have to have your costs for all the effort & work you put into this - but that only applies after you win the Court Case - this includes all legal fees, transportation, mail, adminstration, misc...etc..

Until the case is not finished all you can do is keep a tally of the costs - can only claim if you win.

(not trying to put you off but...) if you loose - you'll have to swallow your costs and end up paying thier's as well.

I think you should concentrate on the case & get all the advice you can to beat the crxx out of them first then worry about the claim for your costs (but keep a tally like i said b4)

All the Best - You have to Dare to WIN!!

Skinned

I think we have a problem here. As far as I can determine the only matters to be decided in the original claim was for HSBC to produce an 'agreement' (whether by way of s.78 CCA1974 or SAR) plus reimbursement of the costs involved in obtaining said agreement.

HSBC have now complied with the request to supply an agreement (albeit with an unenforceable one). I suppose the only matter to be decided now is whether the courts think the costs involved in obtaining the agreement were 'damaging'. As I am not privy to any correspondence between the parties I cannot determine whether HSBC were 'negligent' in thier dealings with upferret enough to warrant 'damage'.

Like I said, we need a more experienced litigator to advise what the next step might be.

All,

I can't help thinking that you are getting hung up on a trivial point in relation to the administration of a claim.

Of course you can apply for reasonable costs to be considered but the case matter should be you primary focus.

As I see it, the basic premis of the case is flawed so the claim is unlikely to be found in your favour.

Keep a tab on your costs but apply effort proportionately. The case has to be won first.

S

Thing is Stubie, what is upferret's next move.

Does he walk away from this current claim and possibly incur expenses of the defendant?

Can he modify the claim to now ask for a declaration or

does he start a new claim for a declaration.