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by waylander62 Mon Mar 04, 2019 8:27 pm

Moon phases


Brown all CAPS window letter with "Defendant" visible!

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Thu Dec 06, 2018 3:43 pm

Ahhh yes, i start to see where you are going with this...all the documents/evidence i have and have been presented with is on this thread.
i have looked at some old files but cannot find anything relating to this. i do seem to recall an equity release loan (on a joint house with my ex, she sold and moved on 2014ish)

Is there anymore i can do at the moment?

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Thu Dec 06, 2018 4:27 pm

well yes,

you need to reply to that letter you just received, and file a copy of your reply into court. You need to get it right.

their letter was very short and sharp stating that you have already received this information and they are getting fed up with you and are hoping the court agrees with them.

Now.. here is your opportunity but you need to get it right.

thank them for their letter, tell them you are aware that you have received these documents before but you were requesting further assignment details as the assignment letters that you have previously received assign only a debt for an agreement between ( company) and HSBC. Yet the assignment is in ( your name ).

you fail to understand why HSBC would assign an agreement between ( company name ) and HSBC in your own personal name, your part 18 request was to ascertain if their were more details regarding this assignment which makes you ( the person ) responsible for any outstanding sums that are are alleged to be due.

You are currently awaiting an explanation from HSBC as to why HSBC have also, allegedly, sent a notice stating themselves that they have sold a debt between HSBC and (company name) in your own personal name.

What you have received from them does not explain what makes you, the person, responsible for any outstanding sums that may be due.

for the avoidance of doubt, you now require full details of what has been assigned, as the agreement they are claiming, was an agreement between HSBC and ( company name), the company which no longer exists etc etc.

dont just send this without getting it right, let me know before you send it.

that should get them thinking a bit.

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Mon Dec 10, 2018 8:40 pm

OK hold fire on the letter, the courts have done it for you Cool

ok the stuff you have posted above

where did the guarantee come from ? the court ?

if not then take it down off the site asap, i already have a copy of it

please let me know asap what the court sent you, was it just that order ?

if so that is good, it would appear that the judge is now doubting their standing in this matter Wink

keep on top of this DONT let days go by without keeping me informed.


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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Mon Dec 10, 2018 8:47 pm

Guarantee was from HSBC 2007 copy

That is all i have so far from the court, will not try to use the copies they have sent to me?

i will, nice one
cheers Very Happy

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Mon Dec 10, 2018 8:53 pm

@itheman wrote:Guarantee was from HSBC 2007 copy

That is all i have so far from the court, will not try to use the copies they have sent to me?

i will, nice one
cheers Very Happy

remove that guarantee from the site if you can or get a moderator to do it for you asap.

what do you mean " will try not to use the copies they have sent me" ??

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Mon Dec 10, 2018 8:57 pm

Guarantee is gone

So the reply from intrum (i posted Wed Dec 05, 2018 5:00 pm) is not a satisfactory reply

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Mon Dec 10, 2018 9:15 pm

@itheman wrote:Guarantee is gone

So the reply from intrum (i posted Wed Dec 05, 2018 5:00 pm) is not a satisfactory reply

you are confusing me ?

the court order is dated 6th december, what was the date on the letter they sent to you ?

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Mon Dec 10, 2018 9:18 pm

@waylander62 wrote:ok,

unfortunately i cant see the account details so am guessing a little here, so they purchased a debt from HSBC.

now i need you to answer carefully:

the debt they purchased ( the agreement) was between HSBC and your business yes ?

this was not your personal debt ?

however the guarantee is what makes you personally liable ? yes ?

so... how come the assignment letters are in your personal name ? not in the name of the business ?

this is what we need to reply to them.

This was your post after their letter, dated 3,12

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Mon Dec 10, 2018 9:24 pm

right let me try and explain this to you:

their reply was dated 3/12/18 the court order is dated 6/12/18 so that letter is NOT NOT NOT a response to the order of the court.

you dont have to reply to their letter of the 3/12/18 because the COURT has done it for you. the COURT has ordered them to send to you by 28/12/18 the documents listed in the order.

so they MUST respond to the COURT order.

wait for their response and then go from there, you could do with a reply from HSBC by that time also, they have 1 calender month from your request chase them for it if need be.

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Mon Dec 10, 2018 9:37 pm

nice one waylander, cheers, clarity helps and i'm not used to THE system...getting there slowly Smile

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Mon Dec 10, 2018 9:44 pm

@itheman wrote:nice one waylander, cheers, clarity helps and i'm not used to THE system...getting there slowly Smile

mate it has taken me 6 years to get my head around this and still going !

it is very complicated and yours is more complicated than most, but the crux of this is that the agreement was between the company and HSBC , thats it !

so to assign the agreement the assignment notice should be between HSBC and the company, and the claim form should really be between intrum and the company OR it should state in the particulars of claim the details of WHY you THE PERSON are responsible for paying this debt. i will bet it doesnt.

so.. you need to force the court to make them explain why YOU the PERSON owe them any monies.

does this help ?

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Mon Dec 10, 2018 9:58 pm

Yep, definitely does...it's black and white, but only if you know it and without the knowledge/your experience, it's like catching fish blindfolded in the canal!

i think i mentioned (at some point in thread) that the company has not been wound up, as it owes the vat man (all this from doing a favour and giving a little turd credit on £k's...then he went bump on on me!) too

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Mon Dec 10, 2018 10:21 pm

therefore the company owes the money does it not ?

is the vat man chasing YOU personally ?

if not then i assume he can't, so why or how can intrum ? thats your challenge to them.

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Thu Dec 20, 2018 2:27 pm

i received these from intrum Tuesday:


And this from the court:

Scare tactics?

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Thu Dec 20, 2018 10:08 pm

i am not sure what that is for ?

what is the letter from the court referring to ? regarding the e mail sent on 4th Dec ?

have you had anything back from HSBC yet regarding your SAR ?

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Thu Dec 20, 2018 10:18 pm

having thought further , you could write a short letter to them thanking them for the information sent which has been filed.

and definitely finish by saying.

I now await the documentation that is required as per the recent court order, can you confirm that this will be received by me on or before the 28th December 2018.

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Fri Dec 21, 2018 9:57 am

The letter from the court, i had asked then what email i can use.

Nothing from HSBC. Have not sent follow up letter yet, i would email if i knew the address

i read some time back that email is accepted as a means of delivery as the post is. Should i also send/email this short letter to the court?

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Fri Dec 21, 2018 10:18 pm

no need to send a copy of this to the court, just send it asap to let them know that you expect this paperwork by 28th.

I would like to see how they respond to it

what date did you send the request to HSBC ?

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Sat Dec 22, 2018 11:14 am

Hi waylander, sorry for delay.

Would this be sufficient:
Thank you for your letter dater 13th December and received on the 18th, this has now been filed.

I now await the documentation that is required as per the recent court order, can you confirm that this will be received by me on or before the 28th December 2018.

I look forward to hearing from you
Yours sincerely,


The HSBC letter was posted 6,12,18 - but apparently not delivered!


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Re: Brown all CAPS window letter with "Defendant" visible!

Post by daveiron on Sat Dec 22, 2018 11:57 am

Hi,
I would certainly not count this as being undelivered ,There have been occasions where about 40% of
recorded delivery stuff I have posted has not been shown as delivered . However from replies I received
from the recipient, showed they were in fact delivered.
If they were not delivered they will eventually be returned to you.
The important thing to remember is your receipt (above) is proof of posting ,Once its posted its deemed as
delivered.
Also on the strength of what is stated on your tracking slip ,make a claim for undelivered item. You will only
get a book of 6 first class stamps .Dont forget you paid for a service they did not supply.
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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Sat Dec 22, 2018 12:03 pm

Nice one, yeah...it's their rules eh!

I'll send above to intrum.
This ok as follow up to HSBC:
Dear Sirs
Re: Account / Reference Number: SORT CODE; xxxxx ACCOUNT NUMBER; xxxxx

I sent a request as detailed below dated 5th December 2018, I note that no reply has been received yet.

Please send me a copy of the assignment letter that you sent to me when you sold this: overdraft agreement and guarantee.

I also require information on what has been assigned and to whom
1. Rights?
2. Benefits?
3. Obligations?
Or have you assigned all of the above?

I look forward to hearing from you
Yours sincerely,

itheman
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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Sat Dec 22, 2018 4:44 pm

yes the letter to intrum is fine

in the letter to HSBC, did you include at the beginning that it was a SAR (subject access request) if so then they have 1 calender month to respond so have until early January, about the 8th.

a follow up letter is not necessary at the moment unless you did not use the SAR route.

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Sat Dec 22, 2018 4:50 pm

a further question:

as i cannot see the amount assigned and the amount they are now claiming is outstanding it is difficult, but i notice that it appears that Intrum have been adding interest and charges to the 'account' is this correct ?

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Sun Dec 23, 2018 2:39 pm

Hi, yep it does like like they are, this is a little clearer:

All files are at office so i don't have them readily available

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Sun Dec 23, 2018 9:20 pm

do you have a copy of the actual agreement ? along with terms and conditions ?

who are the 2 parties in the original agreement ?

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Re: Brown all CAPS window letter with "Defendant" visible!

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