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Claim from court finally arrived. Quick Q

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Claim from court finally arrived. Quick Q

Post by Stevro on Thu Jan 18, 2018 12:56 pm

Hi all,

HSBC have proceeded to court action. I intend to defend.

Q. I live in London. The court is in Northampton. Can I insist/request it takes place in a court closer to home?

Thanks

Stevro
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Re: Claim from court finally arrived. Quick Q

Post by daveiron on Thu Jan 18, 2018 1:39 pm

I presume its from NCCBC (bulk center ) If you intend to defend ,you can get it heard at a court local to you.
If you do not defend ,it will just be a rubber stamping job & you lose by default.

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Re: Claim from court finally arrived. Quick Q

Post by Stevro on Thu Jan 18, 2018 1:47 pm

Thanks DaveIron. Yes, bulk centre.

I have another Q. All HSBC's docs seem to be in order. I intended to defend but not sure on what grounds now? They are the original creditor and the credit was issued in 2016 and default in 2017.

Stevro
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Re: Claim from court finally arrived. Quick Q

Post by Tiggy on Thu Jan 18, 2018 8:13 pm

@Stevro wrote:Thanks DaveIron. Yes, bulk centre.

I have another Q. All HSBC's docs seem to be in order. I intended to defend but not sure on what grounds now? They are the original creditor and the credit was issued in 2016 and default in 2017.
If the paperwork is all in order, I'm not sure what grounds you would use for this one, how much is it for approximately?

Tiggy
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Re: Claim from court finally arrived. Quick Q

Post by Stevro on Thu Jan 18, 2018 8:53 pm

£6k Tiggy.

Should I admit the debt then?

I always thought I'd be arguing the point in court that they never lent money just created it :-/ It seems like the 3 letters only work if they give up, not because the letters have any weight in law. Correct me if I'm wrong please.

Stevro
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Re: Claim from court finally arrived. Quick Q

Post by Stevro on Thu Jan 18, 2018 9:47 pm

It's HSBC's internal litigation dept that are taking me to court.

'I am guessing that the DN is all in order and you have sent a S77-79 request which is in order' Yes.

Stevro
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Re: Claim from court finally arrived. Quick Q

Post by Tiggy on Thu Jan 18, 2018 10:08 pm

@Stevro wrote:It's HSBC's internal litigation dept that are taking me to court.

'I am guessing that the DN is all in order and you have sent a S77-79 request which is in order' Yes.

I guess there are a few options:

You try and defend and see if they turn up at Court, if they do you are likely to get a CCJ.

You defend the claim but go to mediation (which is part of the Court process) and go for an out of Court of Court settlement, called a Tomlin Order and offer a low amount (dependant upon your circumstances) per month. That way you don't get a CCJ, but you would have to stick to the agreement as a Tomlin Order only halts proceedings and they can restart at any point.

So I guess it depends how much you don't want yo get a CCJ.

Tiggy
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Re: Claim from court finally arrived. Quick Q

Post by Stevro on Thu Jan 18, 2018 10:17 pm

Thanks for the advice. I don't mind a CCJ. I don't want credit ever again. Not because I can't handle debt, but because banks creating money is immoral.

I have used the 3 letters on around 8 creditors and have £60k of alleged debt. I have no visible assets and minimum income so don't intend agreeing to pay anyone a penny. They can send the bailiffs, who won't get in and if they do won't find a thing.

I may defend just to keep them busy and off other people's backs Smile

Stevro
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Re: Claim from court finally arrived. Quick Q

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