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  • #16
    Re: Mikey & HSBC credit agreement.

    They are right to quote Carey since they do not need to provide a signature for a section 78 request. This is not the same as trying to enforce in a court of law. However what you need to do is affirm whether it had been signed or not.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #17
      Re: Mikey & HSBC credit agreement.

      Thank you SXGuy. So, I could in effect repeat my claim that imo the matter's unenforcible and call their bluff? This will put the onus on them to either produce a signature, issue a claim or give up for now. I feel better now I have a plan :-)

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      • #18
        Re: Mikey & HSBC credit agreement.

        Yes if it were me I'd throw the ball back in their court. Good plan
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #19
          Re: Mikey & HSBC credit agreement.

          Yes, that way both our positions are clear and it's up to them to react or give up. I'll wait a few weeks, the clocks ticking ;-) Quite frankly I'm amazed at how thick my folder is. This isn't a large debt as such but over the years it seems as if everybody has been involved, I've had threatening letters from numerous DCA's, solicitors etc but none have issued proceedings and hopefully that's the way it'll stay ;-).

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          • #20
            Re: Mikey & HSBC credit agreement.

            Trust me we all have thick filing cabinets full of letters. It does go quiet in the end.
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #21
              Re: Mikey & HSBC credit agreement.

              Will make well for a good bonfire on a cold winters night lol.. II could have several warm nights with the garbage I've been sent, he he. Or I could have a bbq? Now we're talking!

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              • #22
                Re: Mikey & HSBC credit agreement.

                I have an update. The first solicitors who threatened legal action, didn't. 1st Credit instructed another firm who have issued a summons on 25th August.. It arrived on friday. My thoughts are to send them a pre-trial disclosure notice to see what documents they have. They may be missing the signed CCA or Default Notice, or other documents. Can anybody pass comment or advice please? Oh, if I just send in the acknowledgement of service I think that'll buy me some time also. Is that a wise move? Thanks.

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                • #23
                  Re: Mikey & HSBC credit agreement.

                  Hi, sorry to hear of your summons, I will flag it up for our legal team. Don't do anything until you have been contacted; they will request various documents to be sent unedited and will then review your case and advise you as to your best action.
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #24
                    Re: Mikey & HSBC credit agreement.

                    Hi Mikey,
                    Sorry to see you've received a claim

                    You need to start a separate thread for it, full instructions here: http://forums.all-about-debt.co.uk/s...rom-a-Creditor

                    Once you've done that we can get started on the next steps

                    Elsa x

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                    • #25
                      Re: Mikey & HSBC credit agreement.

                      Ah, thank you both for your replies. I'm not feeling downbeat about this My major issues are under control, these people will get scraps at best. x

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                      • #26
                        Re: Mikey & HSBC credit agreement.

                        New thread started

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                        • #27
                          Re: Mikey & HSBC credit agreement.

                          Originally posted by mike'y View Post
                          I have an update. The first solicitors who threatened legal action, didn't. 1st Credit instructed another firm who have issued a summons on 25th August.. It arrived on friday. My thoughts are to send them a pre-trial disclosure notice to see what documents they have. They may be missing the signed CCA or Default Notice, or other documents. Can anybody pass comment or advice please? Oh, if I just send in the acknowledgement of service I think that'll buy me some time also. Is that a wise move? Thanks.
                          Yes, send in the acknowledgement of service, that should be your starting point. It buys you time, an extra 14 days to file a defence in addition to the 14 days to acknowledge, a total of 28 days.

                          A CCA need not be signed, after Carey a recon can be acceptable. The other document that comes to mind is the assignment notice.

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                          • #28
                            Re: Mikey & HSBC credit agreement.

                            No don't do anything yet. Sit tight.

                            I need you to mail me the (unedited) claim form & any relevant docs such as CCA / DN etc. Do nothing else (yet)

                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                            • #29
                              Re: Mikey & HSBC credit agreement.

                              Originally posted by DarkAutumn View Post
                              Yes, send in the acknowledgement of service, that should be your starting point. It buys you time, an extra 14 days to file a defence in addition to the 14 days to acknowledge, a total of 28 days.

                              A CCA need not be signed, after Carey a recon can be acceptable. The other document that comes to mind is the assignment notice.
                              FYI we work with the leading solicitor in Carey - Joanna Connolly.
                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                              Comment

                              • #30
                                Re: Mikey & HSBC credit agreement.

                                Mike'y's claim thread is here> http://forums.all-about-debt.co.uk/s...25-August-2015

                                Only AAD+ Members can access this area. For details of how to join click here> http://forums.all-about-debt.co.uk/aad-members.php


                                Elsa x

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