Roger UE Diary

[Never-In-Doubt]

Re: Roger UE Diary

If you raised a legal argument in your Defence which the DJ ignored or 'misjudged' on a point of law..

That allows for an application (appeal) that's out of time

[Never-In-Doubt]

Re: Roger UE Diary

17 Dec 2014
I settled 21 Dec 2014 some £4,600 they never acknowledged this and hence left me with CCJ 2 weeks later.
The judge added interest BUT not their Costs nearly £4,000 (which they had bumped up by a further £2000 counsel Fee). The whole could have been nearly £9000

If you settled it after 4 days there is no CCJ. You get 28 days to pay and if so it is purged. Even leaving it 2 weeks is only 18 days. Ten short.....

[PlanB]

Re: Roger UE Diary

When was the CCJ granted? Exact date?

Approximate date December 2014 (one year ago).

HSBC
Type of account : Credit Card
Date commenced : Aug 1976
Approx balance : £3,800
Date last paid : May 2012

CCJ Dec 2014

The OP would need to make an application to appeal 'out of time'.

Roger, do you have a copy of your Defence and Counterclaim which you can email to Niddy?

If you raised a legal argument in your Defence which the DJ ignored or 'misjudged' on a point of law then we need to know in order to help you.

So email Niddy your Defence, Counterclaim and Witness Statement and also the Claimant's Claim (N1), POC, and Witness Statement and evidence provided to the court.

Plan B x

[Roger]

Re: Roger UE Diary

When was the CCJ granted? Exact date?

17 Dec 2014
I settled 21 Dec 2014 some £4,600 they never told the Court and hence left me with CCJ 2 weeks later.
The judge added interest BUT not their Costs nearly £4,000 (which they had bumped up by a further £2000 counsel Fee). The whole could have been nearly £9000

[Never-In-Doubt]

Re: PRA GROUP (UK) LIMITED ( HOWELL JONES LLP ) v Roger - Issued 1 December 2015

Then two weeks or so before the claim was issued I was sent Current Terms to fulfil that outstanding request and they then went on and issued a claim (no outstanding s.78 report!).
I have updated the HSBC Credit Card entry

Which is correct process, as per the regulations (Copy Docs Reg.9) - however the problem occurs with how the cards were incepted. If they just sent you the new credit cards then that changed everything as the relevant sections of CCA were enacted in the late 90's (ie s.60/61/78/87/88 etc etc)....

Likewise, it began as Access (restricted) and went to Visa & MasterCard which was widely accepted (Access wasn't and you couldn't withdraw cash either (from ATM)).

[Never-In-Doubt]

Re: Roger UE Diary

When was the CCJ granted? Exact date?

[Roger]

Re: PRA GROUP (UK) LIMITED ( HOWELL JONES LLP ) v Roger - Issued 1 December 2015

Shit that's bad. We were here 18 months ago & could have helped you.

Oh well. You live & learn sadly.

request for copies agreement .
a) 16th December 2013 (“the credit card was opened in 1976 and as our client is not required to keep documents that are older that 6 years, they no longer hold a copy”)
b) 7th January 2014 (“We understand that until we do this we may be unable totake action in the courts”)

The response 7th Jan was to a s.78 request paid for with £1

Then two weeks or so before the claim was issued I was sent Current Terms to fulfil that outstanding request and they then went on and issued a claim (no outstanding s.78 report!).
I have updated the HSBC Credit Card entry

[Never-In-Doubt]

Re: PRA GROUP (UK) LIMITED ( HOWELL JONES LLP ) v Roger - Issued 1 December 2015

And that is what they did! The problem is the template letters were wrong approach and clouded the case. This plus a lack knowledge of protocol and procedure and a poor defence Bingo CCJ

Shit that's bad. We were here 18 months ago & could have helped you.

Oh well. You live & learn sadly.

[Roger]

Re: PRA GROUP (UK) LIMITED ( HOWELL JONES LLP ) v Roger - Issued 1 December 2015

And that is what they did! The problem is the template letters were wrong approach and clouded the case. This plus a lack knowledge of protocol and procedure and a poor defence Bingo CCJ

[Never-In-Doubt]

Re: PRA GROUP (UK) LIMITED ( HOWELL JONES LLP ) v Roger - Issued 1 December 2015

Interestingly in 1972 Midland promoted it as a Credit Card (not chargecard)....

Source -> https://news.google.com/newspapers?n...,2042258&hl=en

[Never-In-Doubt]

Re: PRA GROUP (UK) LIMITED ( HOWELL JONES LLP ) v Roger - Issued 1 December 2015

Most Access customers' accounts closed when they did (when access closed in 96) and you were invited to apply for one of the main cards offered by the participants of the JCCC (Southend on Sea)!

Therefore, if you had hsbc branded access and they simply sent you a visa & MasterCard in the late 90's after Access closed; you *should* have won if a claim was issued. They simply cannot do that.

[Never-In-Doubt]

Re: PRA GROUP (UK) LIMITED ( HOWELL JONES LLP ) v Roger - Issued 1 December 2015

I know its in the wrong place but when I wanted this info I really had to dig and it wasn't readily available! If you do a query on the web you will see what I mean.
If you look at other sites you will see that HSBC among others have been getting away with murder over this very issue!

They haven't. If it's an unregulated chargecard before 05/1985 then you're kinda snookered sadly.

However in your case you should feel aggrieved as technically once they swapped from Access to Credit Cards in the 90's that created a new agreement which WAS regulated and thus in my opinion you had a solid defence, as planB did when her restricted card went to unrestricted (Harrods Store Card to Credit Card). Suffice to say she won - rightly so.

[Roger]

Re: PRA GROUP (UK) LIMITED ( HOWELL JONES LLP ) v Roger - Issued 1 December 2015

I know its in the wrong place but when I wanted this info I really had to dig and it wasn't readily available! If you do a query on the web you will see what I mean.
If you look at other sites you will see that HSBC among others have been getting away with murder over this very issue!

[Never-In-Doubt]

Re: PRA GROUP (UK) LIMITED ( HOWELL JONES LLP ) v Roger - Issued 1 December 2015

Let's keep HSBC stuff separate from here. I'll move posts later to keep this thread on track.

[Never-In-Doubt]

Re: PRA GROUP (UK) LIMITED ( HOWELL JONES LLP ) v Roger - Issued 1 December 2015

No techie. Trust me. It's 19 May 1985 that matters.