HSBC apply for judgement of 25/7 to be set aside - help!

Palerie-head

I'm still waiting for my court papers. Looking forward to them no end!
I guess because they will have paid their £65 they'll be entitled to a hearing though. I'm sure they wouldn't be able to pass that cost on to you.

Did you get your judgement because they didn't enter their defence and was that via MCOL or did it go to your county court?

Stokey125

chris1huk wrote: »

thanks, i did post about it the other day after receiving a letter from the solicitors.. but the official court papers came thru today.. was hoping they were bluffing
funnily enough its HSBC im claiming from as well.
It cost them £65, my claim was only for 500 odd.. I hope they cant try to claim this £65 from me

What is the basis for thier application to set aside I believe you told me but I have forgotten

chris1huk

3. As a result of an administrative error, a defence to the claim was not filed within the stipulated period for response.
4 The claimant entered judgement against the defendant in default of a defence on 7th August.
5. Whilst it is ackownledged that a defence should have been filed within the time period allowed, the error has arisen purely as a result of an administrative error.
6. The defendant has a good defence to the claim. Attatched to this application is a copy of the defence which the defendant would intend to file, properly verified by a statement of truth.

Then it goes on about the OFT case.

There was no evidence of the error within the documents, apart from these statements i have just typed above.

Palerie-head

chris1huk wrote: »

3. As a result of an administrative error, a defence to the claim was not filed within the stipulated period for response.
4 The claimant entered judgement against the defendant in default of a defence on 7th August.
5. Whilst it is ackownledged that a defence should have been filed within the time period allowed, the error has arisen purely as a result of an administrative error.
6. The defendant has a good defence to the claim. Attatched to this application is a copy of the defence which the defendant would intend to file, properly verified by a statement of truth.

Then it goes on about the OFT case.

There was no evidence of the error within the documents, apart from these statements i have just typed above.

So, what is there defence to your claim exactly???

As I posted above, they have claimed that it would be too much work to provide an answer to the questions the judge had asked them and so in my case they have pretty much stuck two fingers up at the judge and said 'you're not having our defence because it would be too complex for you to understand and too much work for us'!!!

chris1huk

The defence sheet says:
1. The claimants account is governed byt the defendants personal or business banking t&c's
2. Pursuant to the defendants t&cs the defendant is entitled to make a charge for its services as set out in the defendants price list, including an overdraft review fee for considering whether to provide and providing an overdraft.
3. The defendant denies that the charges applied to the claimants account amount to penalties at common law and or unfair contract terms for the purposes of the UTCCRs
4. The charges applied to the claimants account are reasonable and are properly and fully disclosed in the defendants t&cs and published price list. The charges represent the contractually aggreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are no unfair contrary to the UTCCRs. Further, the charges are not default charges and, accordingly, cannot amount to a penalty..
5. Save as set out above, each and every allegation made bu the claimant is denied. For the reasons set out above, it is denied that the claimant is entitled to the relief claimed or any relief.

Statement of truth

Palerie-head

chris1huk wrote: »

The defence sheet says:
1. The claimants account is governed byt the defendants personal or business banking t&c's
2. Pursuant to the defendants t&cs the defendant is entitled to make a charge for its services as set out in the defendants price list, including an overdraft review fee for considering whether to provide and providing an overdraft.
3. The defendant denies that the charges applied to the claimants account amount to penalties at common law and or unfair contract terms for the purposes of the UTCCRs
4. The charges applied to the claimants account are reasonable and are properly and fully disclosed in the defendants t&cs and published price list. The charges represent the contractually aggreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are no unfair contrary to the UTCCRs. Further, the charges are not default charges and, accordingly, cannot amount to a penalty..
5. Save as set out above, each and every allegation made bu the claimant is denied. For the reasons set out above, it is denied that the claimant is entitled to the relief claimed or any relief.

Statement of truth

well if this is any consolation, that was exactly the same defence that they initially filed when I put my claim through MCOL but when it got referred to the county court the judge asked for a much more robust defence, which they didn't provide hence judgement being given.

chris1huk

they are requesting for the judgement to be set aside and a stay put in place.. so i guess they wouldnt need to enter another detailed defence

Stokey125

chris1huk wrote: »

they are requesting for the judgement to be set aside and a stay put in place.. so i guess they wouldnt need to enter another detailed defence

I remember now this si the one where I said that a better explanation is needed. I would object to the judgment being set aside on the basis that they have not actually explained what the error is so there is no evidence to show that it would be reasonable for you to be denied the benefit of your judgment in particular there is no explanation as to why the error was not picked up in time for the defence to be filed within the time limit. On the point of the defence if you obtain a copy of Terry v LloydsTSB from penaltycharges.co.uk I think you will find that this case disposes of thier defence.

chris1huk

thanks for the replies guys, im having trouble finding that case, i've searched the forums and the bank link on the right and the media parts of the site.

Palerie-head

Try this chris

http://www.penaltycharges.co.uk/admin/downloads/docs/Landmark%20Case%20Topples%20Lloyds%20TSB%20Victory.doc