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Moon phases


Pre-action protocol for debt claims - HSBC

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Pre-action protocol for debt claims - HSBC

Post by Stevro on Thu Nov 30, 2017 12:12 am

Hi all,

Me again. I posted previously about HSBC's in-house legal dept's threats of court action. This time they've sent a 'pre-action protocol for debt claims'.

I've previously followed the 3 letter process. And rebutted their last threat by asking a few questions re debt being sold. I then told them I considered the matter closed.

Do I respond to their latest letter asking if I accept the debt?

Debt is £6k and all docs from them seem correct. Apart from the fact they didn't lend me money, just digits.

Thanks

Stevro

Stevro
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Re: Pre-action protocol for debt claims - HSBC

Post by daveiron on Tue Dec 05, 2017 12:00 pm

Hi Stevro,

Fill it in tick box D and box I state in box I what docs you require from them ( see new letters) I would not fill out the financial statement.
no debt has been proven ,so none of their business at this stage .

Also await advise from tiggy

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Re: Pre-action protocol for debt claims - HSBC

Post by Tiggy on Tue Dec 05, 2017 12:16 pm

You said on your other post that you were facing action, have they commenced proceedings yet or is it still at the pre action stage?

What have they actually sent you so far in terms of proof? All they need to prove their claim at Court are an agreement and default notice which comply with the Consumer Credit Act and statements.

Tiggy
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Re: Pre-action protocol for debt claims - HSBC

Post by Stevro on Tue Dec 05, 2017 1:16 pm

Hi all,

Thanks for responding.

This is still at 'pre-action'. This is my second letter with a deadline of four weeks. Two weeks left.

They have sent the agreement and default notice.

What would you recommend?

Stevro

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Re: Pre-action protocol for debt claims - HSBC

Post by Tiggy on Tue Dec 05, 2017 2:06 pm

@Stevro wrote:Hi all,

Thanks for responding.

This is still at 'pre-action'. This is my second letter with a deadline of four weeks. Two weeks left.

They have sent the agreement and default notice.

What would you recommend?

Stevro
That you go through what you've been sent to see whether they comply with the requirements of the Consumer Credit Act (ie do they have all the prescribed terms?).

Tiggy
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Re: Pre-action protocol for debt claims - HSBC

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