Citibank, HSBC & Local Court of NSW - Australia

[allstar]

I'm writing to inform everyone of my current progress (if you can call it that).

I have been acting on behalf of someone in regards to following the procedure to terminate the existing fraudulent agreements with the above mentioned corporations.

I have followed the same principle as the gents who have kindly organised this site. Although have not used their letters as I seem to have found ones that were localised for my country and they seemed to have more bolstering information in some respects. (you can find the books at [url]theclassifiedfiles.com[/url] and they are available via kindle for $3au ea or something - a complete no brainer if you would like to become very well informed.)

I sent a Notice of Adequate Assurance of Due Performance (letter 1 In the process) to Citibank & HSBC.

Citibank responded with this waste of time letter saying they did not understand blah and would not respond to any further correspondence in regards to this matter. Ofcourse, they were more than warm welcoming a phone call. Rookies.

HSBC - plenty of phone calls all day home and mobile. No letter.

Then after 10 days I post a second letter titled "Notice Default and Demand" (letter 2) to both corporations.

Subtitled "Notice of Default and Demand to Cease and Desist Collection Activities Prior to Validation of Purported Debt"

No reply from citibank. Nothing from HSBC apart from phone calls.

Sent letter 3 titled (NON-NEGOTIABLE - FINAL NOTICE AND DEMAND)

Received 2 Letters back from HSBC. 1 was backdated and had a "copy" stamp on it which was also not signed. The other was a rant about how they do not understand my legalese (even though that is the language they specialise in). They also stated in the 2nd letter which was signed, that they have closed the account and further collection proceedings will be followed or words to that effect.

I replied to hsbc and with that reply I included a final letter 4 (notice of termination) and having not heard from citibank since the reply from the first letter i issued them the same letter.

So not hearing anything from citibank I thought they were going to sell the debt and be done with it. As I was writing in regards to 2 accounts (1 a credit card & the other a cheque loan account or something similar) I assumed that they would sell the lot.

Then 2 days ago I received a Statement of Claim from the Local Court of NSW. (Notice the little word of there). The corporation court is caliming that I owe citibank $20k or part thereof. The funny thing is, that is what they believe I owe on one account and the credit card is at about $9k. So if they are filing in court for the money, why didn't they file for the total $29k?

Furthermore, the documents received from the court were not signed. I rang the registry upon receipt and he was nearly dead, but he said that "you've got a good point there" which i already knew. Although he then proceeded to tell me that "it wouldn't get thrown out just because the papers weren't signed". The court has said that i have 28 days to respond otherwise a default judgement would be entered. I rang a notary of the public today, and he reckons he's charging $400 an hour. I emailed him and offered him 250 for one judgement. No reply. Anyone used a notary and know what they charged $ wise?

I proceeded today to the registry of the court to attempt to hand in this letter ->http://templates.fmotl.com/RebuttalSEmbedded.php - has anyone used this template? Ofcourse I localised it. Seems like the morons at the court registry are only capable of mimicking the statement of claim i was "served" with. they would not accept my documents. i've heard that this is illegal? my friend told me that i should get them to sign an affadavit saying they will not accept the documents then see what happens? i decided to post the response (from the link in this paragraph) to the court registry via registered post with delivery confirmation. as the documents were not signed i decided against the notice of conditional acceptance. i still have that up my sleeve should they decide to return post signed documents to me. i'm rather concerned about the court ruling a default judgement as I have not responded via 1 of the 3 ways (as that ofcourse would be automatically standing under their jurisdiction). I'm not overly thrilled it has ended up in the courts as I saw someone on here say that they had a 44k debt with citibank and it was forwarded to 2 debt collections agencies. that is essentially the goal is it not? to get it to the debt agencies?

anyone have any luck dealing with the local court of nsw in respect to a similar scenario? i do not wish to file a defence as that is not my position. I am happy to pay the debt pending answers from these monkeys at the banks. If anyone has further info on how to get the courts off my back I would be much appreciative of any info!

Also if anyone knows of a notary of the public who is cocha with private default judgements who doesn't charge like a wounded bull any info on that would be much appreciated.

I'm very aware that the court move by citibank is a threat and scare tactic, and it does seem to have that effect! cocks!

I guess now I will have to wait and see when and if the courts reply. If I post them a letter do they have to answer it? or can they just pull you into court without honouring your last correspondence? and as i haven't responded via 1 of the 3 methods listed to do so, they are;
1) if you intend to dispute the claim or part of the claim, by filing a defence and/or making a cross-claim,
2)if money is claimed, and you believe you owe the money claimed and,
3) if money is claimed, and you believe you owe part of the money claimed,
they may just enter a default judgement just to be complete cocks (not the outcome i'm after).

in the statement of claim, they also mention that i "did not remedy the default within 30 days of service of the default notice". I NEVER RECEIVED A DEFAULT NOTICE!!! WTF??!

any info folks would be much appreciated!!! am I to file a defence? I understood that to be automatically waiving your rights and giving them jurisdiction?!

anyway if you got anything out of this post its the books at theclassifiedfiles.com and the letters at templates.fmotl.com

also if anyone has any info on how to access your trust account at the treasury and the procedure to follow or a website that has that info relative to australia i would be much appreciative if you would share! if anyones got any questions or would like to see my letter templates i'm happy to share them with you

lets stick together and not let these pricks get it over us! hope everyone is hangin in

[ElvisP]

Not sure if it's the same as the UK but the lender cannot take you to court if you have not been served a "default notice".

"If the payments are in arrears the creditor must issue a default notice before any legal action or intervention can take place"

The "default notice" must contain:

1) The full name and address of the creditor issuing the default notice and the full name and address of the borrower
2) The type of agreement and full details of how the agreement was breached
3) The early settlement figure (for fixed sum only)
4) Action you can take to remedy the situation and comply with the agreement
5) The proposed action by the creditor if you don't comply with the agreement

If this were me i'd get past the first stage by contesting the whole amount on the basis that I have not received sufficient paperwork containing proof that I owe the debt nor have I received a "default notice" as required by law.

[smilingalltheway]

my friend told me that i should get them to sign an affadavit saying they will not accept the documents then see what happens?

take a witness with you incase they refuse and then get your witness to sign a statement that they witnessed them refusing, but no need to use an affidavit for this, just a simple statement as affidavit might purger them.

then put it through the courts complaint process, however ask for the courts insurance policy number too.

theres alot of questions you've asked

I rang a notary of the public today, and he reckons he's charging $400 an hour

use a commissioner for oaths and affidavit of fact certified, (or the kind of affidavit you want to use and get it certified) not sure how much they are in oz, but may require you researching who is qualified as a commissioner for oaths in oz. on these islands it's about £5, but you have to have your paperwork ready for them to witness.

http://www.getoutofdebtfree.org/forum/v ... 93&t=35926 (i used this for eft, so you will have to adapt for your situation)

I am happy to pay the debt pending answers from these monkeys at the banks. If anyone has further info on how to get the courts off my back I would be much appreciative of any info!

perhaps inform the court in writing that there is no contraversy in the matter as the matter has already been dealt with and that if they do they will become a party to the hearing and could face charges against them. get their insurance policy already
(not read what you put in your letters)

have you billed these banks? or write to let them know that since they haven't produced the information you've requested and continue to pursue any amounts by whatever means that they owe you for damages, at least your costs will be known by the court. then send out a bill and send a copy to put in the file at the court etc or whoever it is. if a solicitor is acting on their behalf start the 3 letter process from here with the solicitors or perhaps what you have already done, but don't know whats in those letters.

usually banks use solicitors in court situations and they are interlopers, don't let the banks confuse you saying they are taking you to court and then have a solicitor sending you the letter.....
if they are using them then ask the solicitors for a true copy of a deed of assignement / deed of sale.


do share your letter templates here, would be good to see.

[stoneybroke]

i think you will find they must send u default b4 they can take legal action

[allstar]

Anyone who wishes to see the template's I've used, please email me - allllstarrrr at gmail dot com - i will forward you a blank copy

The letter I sent to the court can be found here - http://templates.fmotl.com/RebuttalSEmbedded.php

I modified the letter for localisation purposes.

It seems I have the court in non-response via the letter linked. I am proceeding to a notary today to get a certificate of non response. I believe as the courts are now in dishonour, that I have won

Haven't heard from Citibank or HSBC in over a month. There goes AUD50K

Cha CHINGGGG