CLOSED - Continues in AAD+ Legal Section HSBC Bank PLC ( Restons Solicitors Limited ) v Digby

[Digby]

Your AAD Forum Username

Digby

Name of Claimant

HSBC Bank PLC

Name of Claimant's Solicitors

Restons Solicitors Limited

Claim Issue Date

17 February 2016

Who Signed the Claim Form?

The Solicitor Firm (i.e. Joe Blogs Solicitor)

How much is being Claimed?

Under £10,000

Have you Submitted the AoS Response?

No

If Yes, when was the AoS Submitted

-

Details of Claim

Have not provided the correct documentation. Invalid copy of cca and then failed to provide credit agreement, deed of assignment, notice of assignment, default notice, terminantion notice, statement of account due to alleged unsigned request.

[Never-In-Doubt]

Re: HSBC Bank PLC ( Restons Solicitors Limited ) v Digby - Issued 17 February 2016

Hi. Jo is aware. Please send us the claim form

[Digby]

Re: HSBC Bank PLC ( Restons Solicitors Limited ) v Digby - Issued 17 February 2016

Have just emailed a copy.

[PlanB]

Re: HSBC Bank PLC ( Restons Solicitors Limited ) v Digby - Issued 17 February 2016

Have just emailed a copy.

Thanks for that.
If it makes you feel any better I got a claim today too

Plan B x

[Deepie]

Re: HSBC Bank PLC ( Restons Solicitors Limited ) v Digby - Issued 17 February 2016

Thanks for that.
If it makes you feel any better I got a claim today too

Plan B x

My money is on you to win ........

[PlanB]

Re: HSBC Bank PLC ( Restons Solicitors Limited ) v Digby - Issued 17 February 2016

My money is on you to win ........

Wait until the Claimant discovers my 'day job' and who it's with

Plan B x

[nanna58]

Re: HSBC Bank PLC ( Restons Solicitors Limited ) v Digby - Issued 17 February 2016

Poop hitting fan time xxx

[SA Gold]

Re: HSBC Bank PLC ( Restons Solicitors Limited ) v Digby - Issued 17 February 2016

Poop hitting fan time xxx

[nanna58]

Re: HSBC Bank PLC ( Restons Solicitors Limited ) v Digby - Issued 17 February 2016

[PlanB]

Re: HSBC Bank PLC ( Restons Solicitors Limited ) v Digby - Issued 17 February 2016

Digby can you add a link to your latest diary post about this debt on here so we can see the full history. That would save time asking questions.

Plan B x

[Digby]

Re: HSBC Bank PLC ( Restons Solicitors Limited ) v Digby - Issued 17 February 2016

Here y'go, copied and pasted from diary:

Marbles/Beneficial/HSBC
Type of account - Credit card
Date commenced – March 2003
Approx balance - £6,800
Date last paid – 28.1.2015
Are you on arrangement or not paying – Not paying
Status – Default Notice 9.6.2014
Account owner – HSBC
History – Marbles, then Beneficial, then HSBC
3.2.2015 HSBC advised sent to their Recoveries Section, asked me to telephone them to discuss existing payment arrangement. I didn’t.
11.2.2015 CCA request sent to HSBC .
14.4.2015
Letter received from HSBC says have been “unable to provide a copy of the original agreement so have provided a reconstituted copy that does not include information which it is permitted to exclude such as signatures and signature box”.
This is a blank copy of an application form in which they have handwritten my name and address with no other details. They say that the account was opened in 2003 and that they also hold details at the time of application such as d.o.b. and employment details, although they have not included this info within the paperwork they sent.
There is also a photocopy of the Beneficial Terms & Conditions with none of my details. I think Beneficial were the previous owners although not the original one as it started out as a Marbles card.
Further states that “payments received have been submitted by yourself and account has been conducted in a way that suggests a relationship with the bank and in view of this HSBC considers you liable for payment of the outstanding balance”.
This one was declared ue by Niddy on the 17.4.2015 as it's just a blank application form
28.10.2015 HSBC advised being referred to Restons Solicitors.
4.11.2015 Letter from Restons advising full balance to be paid by 16.11.2015 or client has instructed them to issue a ccj. Says client may be prepared to accept instalments and enclosed i.e forms. Says client also wishes us to know that they would accept a specially discounted settlement "which could represent a substantial saving."
5.11.2015 Sent letter (as per Niddy above) saying HSBC have not complied with cca request.
11.11.2015 Letter from Restons saying thank you for my letter, they are now seeking client's instructions and account has been placed on hold.
18.12.2015 Letter from Restons saying their client complied with cca request on the 10.4.2015 and enclosing a staggeringly unreadable photocopy of the doc they sent before (the one where HSBC had handwritten some of my details on a blank application form). This time also enclosed a micrcoscopically small badly photocopied set of terms and conditions with no obvious connection to me. Says I must contact them with a completed financial statement form by 6th January 2016 or may result in legal proceedings being commenced.
05.01.2016 Sent 'illegible document received' letter to Restons
07.01.2016 Letter from Restons returning my letter and stating that it was unsigned, any future unsigned documentation will not be acknowledged by them and they will not reply.
21.1.2016 Letter sent to Restons as advised by Niddy.
12.2.2016 Letter from Restons saying they cannot deal with my letter as it is unsigned. They enclosed a photocopy of the letter I sent to them (requesting all of the docs Niddy suggested and saying there is no legal requirement for letters to be signed etc). They have obviously kept a copy of the letter on file. So, it seems that they are refusing to acknowledge the letter saying I don’t have to provide a signature, because it doesn’t have a signature.
16.2.2016 Letter from Restons referring to my letter of 14.1.2016 says the doc supplied bt Restons 16.12.2016 was a copy of the one supplied by their client 10.4.2016 and suggests I refer back to these copies.Says legal proceedings will now be issued against me.

[Never-In-Doubt]

Re: HSBC Bank PLC ( Restons Solicitors Limited ) v Digby - Issued 17 February 2016

Don't worry about this. I've to chat to Jo later & will ensure she links this to my last questions to her. Basically Restons wrote & refused to deal with your reply to their letter so you write a follow up and they're refusing to deal with s.78 regardless that you can request one monthly.

Jo seen my previous replies to Restons for you so you've done everything spot on so far. Try not to worry now.

[Pixie]

Re: HSBC Bank PLC ( Restons Solicitors Limited ) v Digby - Issued 17 February 2016

Good luck with this Digby x

[nanna58]

Re: HSBC Bank PLC ( Restons Solicitors Limited ) v Digby - Issued 17 February 2016

Good luck xx

[Pixie]

Re: CLOSED - Continues in AAD+ Legal Section HSBC Bank PLC ( Restons Solicitors Limited ) v Digby

Thread copied/moved to the Protected AAD+ Legal Claim Portal --- > http://forums.all-about-debt.co.uk/s...-February-2016

THREAD NOW CLOSED

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