HSBC - I sued them now they're suing me!! HELP!!

paul-t20

My case history:

I was paying off an overdraft from HSBC via an agreement with Metropolitan Credit Services.

The amount of the overdraft was £1808.06 and I was paying around £50 per month.

I calculated that HSBC owed me £1750 in unlawful charges.

In December 2006 I began the claim process which culminated in my issuing a county court claim for £2319.77 including court fees and interest in May 2007.

Once the matter was in court I ceased making payments to Metropolitan and informed them of that by telephone.

In August the court issued a stay on the claim pending the OFT test case. DG Solicitors wrote to me confirming this.

I have not contested the stay.

Today I received a County Court Claim from Howard Cohen & Co Solicitors on behalf of CL Finance Ltd who appear to have bought the original debt (overdraft of £1808.06) from HSBC.


SO, how do I respond to their claim considering the matter is already before another county court with me as the claimant?

Do I defend? Counter claim? Contest the court’s jurisdiction?

Please help!!

BasilSeal_2

Go tot he CAB and ask them for advice on this, though my understanding is that as a substantial part of this claim is disputed you can issue a counter claim against the issuer, this is what your bank should have done with your claim. This may be complicated by the fact that your bank have 'sold' the debt.

As far as i'm aware they can't have it both ways, if they aren't prepared to hear your case against them, they can't proceed against you either, but you have t make the right legal moves to prevent this from resulting in a court judgement against you.

BasilSeal_2

try this thread for more specific advice:

http://forums.moneysavingexpert.com/showthread.html?t=586274