What response to Application for county court using N244

by the chod Tue Mar 19, 2019 6:18 pm

What can I respond with to a letter from solicitor acting for Hsbc
Stating application for county court using N244
Thanks

by the chod Tue Mar 19, 2019 6:20 pm

by waylander62 Wed Mar 20, 2019 1:29 am

a bit more info required really

what must have happened is:

they issued a claim
you defended
the claim then became stayed

what have they provided since the claim was stayed for them to think that your defence should be struck out?

are their any documents or a witness statement that accompanies this application ?

you have very little time to respond to this, is it for a large debt ?

by the chod Sat Mar 23, 2019 11:50 am

Yes witness statement and copies of correspondence letters and duplicate statement of accounts also a draft order
I can send images of any

Alleged debt is just under £2300
But with their costs just under £3800

by waylander62 Sat Mar 23, 2019 12:00 pm

check their witness statement and the reasons why they believe they have a cast iron claim, that is the key.

they state you have no reasonable grounds for defending the claim ? you must have put in a defence depends what you put in your defence ?

it is difficult because: we have no idea what this is for
we have no idea what what they are claiming to be true
we have no idea what you put in any defence submitted
we have no idea on what documents they have provided

it appears that it is the bank that have taken you to court and not a debt purchaser

by the chod Sat Mar 23, 2019 1:04 pm

It’s for overdraft
By bank hsbc

by the chod Sat Mar 23, 2019 1:15 pm

I will reply with more details

by the chod Mon Mar 25, 2019 1:41 pm

they haven't really sent anything new from their previous attempt before it was stayed.
they just sent copies of correspondences between us and copies of account statement.

I have attached their witness statement and my original defence letter and cpr18 request letter

by the chod Mon Mar 25, 2019 1:43 pm

continued images

by waylander62 Mon Mar 25, 2019 9:56 pm

I have to be brutally honest about this

this is going to be a very difficult one to overcome, at least 50% of your defence is totally irrelevant

it seems that HSBC themselves have taken this to court and have now provided all the evidence required ?

by the chod Tue Mar 26, 2019 7:47 am

But I wonder why it was originally stayed . Nothing has really changed since my defence
What can I reply them with for the time being
Or shall I just take their original discount offer to pay it off?

by waylander62 Tue Mar 26, 2019 12:02 pm

their original discount offer wont apply now

i dont know why it would have been left stayed for all this time?

your defence must have put some doubt in their mind ? with overdrafts it could be the charges or interest or the fact that they allowed you to go over the limit when you shouldn't or increasing the overdraft without proper checks being carried out ?

they were unsure about something, did you apply online to increase the overdraft ? like they are saying ?

by the chod Tue Mar 26, 2019 12:09 pm

Not sure about applying online for increasing overdraft
It’s been so long

by the chod Tue Mar 26, 2019 8:59 pm

It could be they have no copy of the letter before action

What response to Application for county court using N244 0f864110

by waylander62 Tue Mar 26, 2019 11:32 pm

difficult one, the only thing you can do is read their statement and check out the exhibits that accompany the statement and put forward you arguments against what they are saying.

pull the letter before action apart, sanctions should apply such as forfeit any costs, tell the court they are lying, not keeping a record of the LBA is bullshit. they didnt issue a template they didnt issue a LBA thats fact.

keep looking and try and pull apart their statement.

by the chod Wed Mar 27, 2019 8:34 am

Do I put this into a letter now as a reply or wait until I get the court letter?

by waylander62 Wed Mar 27, 2019 9:50 am

because the 7 days is now likely to have gone you may be better trying to piece together an argument from the paperwork that you have for a possible hearing.

just putting the LBA argument is not going to stop this.

by the chod Fri Apr 05, 2019 6:46 pm

Do I need to reply to this?
What is it asking me to do ?

What response to Application for county court using N244 57945610

What response to Application for county court using N244 219d9c10

by waylander62 Sat Apr 06, 2019 9:38 am

basically what has happened here is that the court have NOT allowed the stay to be automatically lifted and have NOT struck out the defence automatically.

what the court has said is that they will hold a hearing at your local county court to decide on whether or not the stay should be lifted,
also whether or not the defence should be struck out
also decide on whether you should pay their costs and how much.

so you will have to attend a hearing and argue your case, you should hear from your local county court with a date and directions for the hearing .

by the chod Sat Apr 06, 2019 12:26 pm

Clear as a bell thankyou!

by waylander62 Sat Apr 06, 2019 12:48 pm

this is where you need to do your research on overdrafts

OFT guidelines on charges etc, need for an agreement etc, terms and conditions

read their statement carefully and break it down piece by piece

overdrafts are notoriously difficult to defend but are defendable.

by the chod Sat Apr 06, 2019 1:17 pm

Thanks for all your help!

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