Urgent help with defence please!

[Debt Warrior]

I would appreciate some help with my situation as i am finding it difficult to apply the excellent advice on this forum to my particular circs. I'm new to the forum so have not proceeded exactly in accordance with that advice prior to now and am so confused as to how to proceed. Here's a precis of situation.
Debt owed originally to bank. Debt comprised £344.41 overdraft; £7.39 overdraft; £444.50 flexi-loan; £13,846.64 personal loan; £1019.79 credit card. Default notices issued on personal loan, credit card and flexiloan.
DCA asked to collect £14,583.35 using as 'account number' the number of one of the bank accounts - they supplied copies of agreements but no statements. This was a stressful time so without checking what the amount represented or pressing for anything else I began a repayment schedule which continued until January this year when I discovered mail sent to a previous address including a letter of assignment from the bank and covering letter from a new DCA. These were dated 16th November. The first DCA had been given my new address but the bank had not. They quoted the debt as £14378.35 offered to continue the payment schedule but on 21st Jan I requested copy of CCA plus statements before setting up arrangement. Cheque for £1 cashed 28th Jan. Nothing heard so sent pleasant reminder on 13th Feb. Letter to current address dated 10th March received from DCA requesting £10 (previous monthly amount) within 10 days and threatening further recovery action if I didn't comply. Said may include issue of legal proceedings without further warning. I sent 3rd pleasant letter reiterating my request for docs and pointing out they were unable to enforce. Next thing was summons issued on 7th April. I sent off acknowledgment of service and was all set to defend on failure to produce docs etc when a copy of my credit card agreement arrived in the post. No covering letter and nothing to say how much was owed, no statements or anything. Please can anyone help me make sense of what defence I should use? And of the fact that some of this debt is not covered by section 78 as it is for overdrafts - or is it? cos I don't understand the amounts being asked for any way along the line. I have no objection to paying the money back but I do object to being taken to court, having court costs added to my debt plus a CCJ on my record when all I was doing was making a legal request! I have not sent off a CPR letter but will try to do that tomorrow morning. The date for filing defence is 4pm 12th May.

[Debt Warrior]

Sorry - had forgotten 2 more letters from DCA. One 9th Jan says sorry that you've received a demand for payment when we had already received it!!!! No idea what that's about. But the second one mentions summons issued and is asking for full payment of debt £14643.53 (not a recognisable amount even including court costs added on claim) or failing that will seek judgement. i find all this information and all these circs so confusing! I am an artistic type and this is so much 'not my thing' Please help.

[Debt Warrior]

I would appreciate some help with my situation as i am finding it difficult to apply the excellent advice on this forum to my particular circs. I'm new to the forum so have not proceeded exactly in accordance with that advice prior to now and am so confused as to how to proceed. Here's a precis of situation.
Debt owed originally to bank. Debt comprised £344.41 overdraft; £7.39 overdraft; £444.50 flexi-loan; £13,846.64 personal loan; £1019.79 credit card. Default notices issued on personal loan, credit card and flexiloan.
DCA asked to collect £14,583.35 using as 'account number' the number of one of the bank accounts - they supplied copies of agreements but no statements. This was a stressful time so without checking what the amount represented or pressing for anything else I began a repayment schedule which continued until January this year when I discovered mail sent to a previous address including a letter of assignment from the bank and covering letter from a new DCA. These were dated 16th November. The first DCA had been given my new address but the bank had not. They quoted the debt as £14378.35 offered to continue the payment schedule but on 21st Jan I requested copy of CCA plus statements before setting up arrangement. Cheque for £1 cashed 28th Jan. Nothing heard so sent pleasant reminder on 13th Feb. Letter to current address dated 10th March received from DCA requesting £10 (previous monthly amount) within 10 days and threatening further recovery action if I didn't comply. Said may include issue of legal proceedings without further warning. I sent 3rd pleasant letter reiterating my request for docs and pointing out they were unable to enforce. Next thing was summons issued on 7th April. I sent off acknowledgment of service and was all set to defend on failure to produce docs etc when a copy of my credit card agreement arrived in the post. No covering letter and nothing to say how much was owed, no statements or anything. Please can anyone help me make sense of what defence I should use? And of the fact that some of this debt is not covered by section 78 as it is for overdrafts - or is it? cos I don't understand the amounts being asked for any way along the line. I have no objection to paying the money back but I do object to being taken to court, having court costs added to my debt plus a CCJ on my record when all I was doing was making a legal request! I have not sent off a CPR letter but will try to do that tomorrow morning. The date for filing defence is 4pm 12th May.

[MilkTrayMan]

Hello Debt Warrior!

It may help peeps to be able to give U more specific advice if U are able to scan + Post on your Thread a copy of the 'alleged' Credit Agreement that was sent to U by the DCA (...The name of the DCA + BANK would be handy to know too btw).
THIS Thread will show U how to do it.

Many Credit Agreements that peeps are sent by DCA's are NO such thing, as they fail to contain the prescribed terms etc, as per the Consumer Credit Act 1974.
...This may fact be able to be used by U, if it becomes necessary...


...

[nicklea]

Can you also give details of what the claim form from that court actually says. This is very important in helping to do a defence

[Debt Warrior]

Hey guys! Am so glad some of you are early risers.
It says - The Claimant's claim is for the sum of 14327.35 being monies due from the Defendant to the Claimant under a regulated credit agreement between the Defendant and HSBC Bank plc under reference ***** and assigned to the Claimant on the 28th September, 2007 notice of which has been given to the Defendant.
The Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the Defendant pursuant to Section 87(1) of the Consumer Credit Act 1974
The Claimant claims the sum of 14327.35
This is signed Howerd Cohen & Co who are solicitors for CL Finance, the DCA

My accounts, loan and card was with First Direct which is in some way a part of HSBC

I will scan docs tonight - which ones in particular? Also have printed out CPR letter - who does it go to solicitor or DCA?

[cashins]

Hi

Under CCA 74 they should have sent: copy agreement, terms and conditions and a current statement of account for each loan.

Posting these + need to know what Court Papers said. (Watch out for the timescale in which you need to reply to the court.)

David

[nicklea]

Hi debtwarrior,

It sounds from your post that there are two or more accounts involved but the dca are claiming that there is only one - is that correct?

What you need to do now is send the CPR letter to the solicitors.

You also need to acknowledge service to the court - that will give you 28 days in which to put in your defence.

When it gets nearer to the 28 days, if they haven't replied to your CPR lettert then come back and there is a defence that can be done basically saying that you haven't received the documents you require to defend your case so the case should be adjourned until the claimant does provide you with the documents.

As and when they do supply the documents then we can have a look at what there is adn provide a defence for you

[robcag]

Originally Posted by Debt Warrior

........Next thing was summons issued on 7th April.............The date for filing defence is 4pm 12th May.

Hi DW

I'm not 100% sure on this as we have had a bank holiday during that period and I'm not sure how that affects things, but disregarding that, I calculate that your defence needs to be in by 9th May as I believe the actual date falls on Saturday the 10th May, which I think means you have to have it in by 4:00pm on the preceding Friday.

I could be wrong on that but it might be advisable to double-check (and I mean double-check) with the court as I'm sure somebody else was in the same position as you a couple of months ago and the court initially advised them wrongly. Point out to them that you think your deadline falls at the weekend and ask what happens in that situation.

Good luck
Rob

[Debt Warrior]

The date of issue of the claim was 5th April so I have already acknowledged receipt and the final date I have been given to have defence in by is 12th. I was told that by the court with an explanation that it is because the actual date (10th) falls on a Saturday but I will ring again tomorrow and ask again to make doubly sure.
So bearing this in mind there isn't time to wait 14 days for solicitor's response, or lack of, in order to compose defence.

I have tried scanning one of the agreements but it is such a poor copy that although you can read it in the flesh once scanned it becomes unreadable. Not familiar with the technology entirely - when you look at these scans can you zoom in? If so you can manage to read it then. Or can you tell me what I'm looking for on them?

CPR letter was sent today special delivery to solicitor.

[Debt Warrior]

By the way - there were no terms and conditions enclosed. Only copies of agreement.
Just to clarify most of these have been supplied by the first DCA which is Metropolitan who were collecting on behalf of HSBC. So far from the current DCA - C L Finance I have only had copy of agreement for my credit card with nothing to show the balance owed. It was in fact £1017.79 which doesn't of course come close to the amount of £14378.35 that they are asking.

[robcag]

Originally Posted by Debt Warrior

The date of issue of the claim was 5th April ......

I take it you mean the 7th as you said in your first post?

The 5th was a Saturday so hopefully you do mean the 7th.

You need to be on the ball with your dates as theoretically the Claimant could apply for summary judgement if you miss the deadline for your defence.

Not trying to panic you, just pointing out the possibilities.

Rob

[B3rty]

I think you have said that all the debt is rolled up into one account and this account is what the DCA are now chasing?

Does the account number relate to one you held or did they create a new account number for this money?

And is this the account number shown in the NoA you received to say the account had been sold to the DCA?

If the above is correct have you received a default notice from HSBC/FD for this account?

[Debt Warrior]

I had 2 current acs, 1 flexiloan, 1 personal loan and 1 credit card. Both accounts were overdrawn.
One of those current accounts is the account number used and that is used as ref on NoA from CLFinance. I have no default notice for that account number. Neither do I have a default notice for the overdraft on the other current account. Only have default notices on Loan, flexiloan and card.

[nicklea]

ok,

I'll put something together today and post it up this afternoon for you to have a look at

Forgot to say, it would really help if you could either scan or take a photo of the cc agreement, remove the personal details and then post it here using something like

Image hosting, free photo sharing & video sharing at Photobucket

[Debt Warrior]

Bless you Nick.

[Debt Warrior]

Problem is it isn'