Name of the Claimant ? HPH 2

Date of issue? 28 June 2016

What is the claim for –

1.The Claim Is for the sum of £535.89 in respect of monies owing Pursuant to an overdraft facility under bank account no XXX

2.The debt was legally assigned by MKDP LLP [Ex:HSBC] to the claimant and notice has been served.

3. the defendant failed to repay overdrawn sums owing under the terms and conditions of the bank account.

4.THe Claimant claims:

1.The sum of £535.89

2.interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from

the 24/05/11 to the date hereof 1857 is the sum of £218.30

3.Further interest accruing at the daily rate of £ .12

4.costs

What is the value of the claim? £884

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Current account/overdraft

When did you enter into the original agreement before or after 2007? Before 2007 (2002 if I remember correctly)

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim? HPH2 ltd.

Were you aware the account had been assigned – did you receive a Notice of Assignment? I was informed by HSBC that the debt is transferred to MKDP.

Did you receive a Default Notice from the original creditor? No, I don't think so.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No.

Why did you cease payments?

Around 2011 when HSBC refused to take the token £1 payments I used to make every month.

When they refused, I stopped making them.

What was the date of your last payment? 2011 (don't remember the exact date, but can check).

Was there a dispute with the original creditor that remains unresolved? Don't think so.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? No, never.

I am attaching a scanned copy of the claim form with the personal details removed.

The claim form was received today so I am posting this straight away to avoid repeating previous mistakes

I've made with my HSBC credit card.

What I am interested in is whether this overdraft debt is covered by the CCA

and what are my chances of winning this case?

So, what are my next steps?

What should I do?

Please note that I won't be able to respond until this coming Sunday (3rd July).

Thanks a lot for any help and assistance provided!

Zeek

you need to type out the ful PoC please

as for the claimant MKDP are hoist [HPH2] same group

you need to get a cpr 31:14 running the the claimant solicitors

and go ring hsbc and ask last payment date

and no an od is not covered by the cca.

Thanks dx.

POC: I already attached a scanned copy containing those in my original post. Do I have to also retype these?

I thought the whole point of scanning a copy and attaching it so that it saves me the typing, right?

I also take it from the 31.14 template on this forum, I have to also send acknowledgement of service, correct?

Finally, you state this is not covered by CCA, but the 31.14 request template makes quite a lot of references to it. Why is that?

Sorry, hit "send" by mistake - the last payment date is on 20/May/2011.

the whole point is to make it easy for the volunteers here to easily read things and freely help you......

as per your last claimform

you don't send AOS, you now ignore the form as such...

you ack the claim online at the MCOL website as you did before.

defend all leave juris unticked

the whole point is to make it easy for the volunteers here to easily read things and freely help you......

OK, got that, but anyone reading this thread can also read the scanned copy of what I enclosed, right? Anyway, thanks for adding the text to the original post (I still don't quite understand how that is better than enclosing the scanned copy but here we are...)

as per your last claimform

you don't send AOS, you now ignore the form as such...

What do you mean? What form should I ignore and why?

you ack the claim online at the MCOL website as you did before.

I've never ever acknowledged anything online at all. If you mean the previous case with HSBC credit card debt, there I sent an acknowledgement of service (that was part of the claimform provided). So, again, should I send an acknowledgement of service?

defend all leave juris unticked

I have absolutely no idea what that means! Care to clarify?

Also, could someone address my queries re: the 31.14 request please?

Particularly the Demand/Termination notice request (s76 and 98 of CCA1974), as well as the notice of sum in arrears request (s86C CCA2006) included in that CPR 31.14 template. If CCA doesn't apply why use these demands in my CPR 31.14 notice?

If I send the CPR 31.14 request how long do HPH2 have to comply with this request and what happens if they don't? Do I prepare a draft notice to the Northampton court for the case to be struck out as I did the last time?

I also remember that I've lost quite a lot of time the last time around, so could someone provide me with the complete picture of what needs to be done please? Many thanks.

there's a very old saying we use: KISS

Keep It Simple Stupid

the issue of the CPR and what 'we' need to address by 'your' queries

is tied in with 'you' typing out the poc.

and ofcourse not everyone has the ability on all devices to read attachments.

then 'you' will understand what documents they refer to in their poc

so thus what you need to adapt the CPR to say/include or not.

it also helps if you go read other claimform threads here

[unless you are doing it not logged in? as I cant see any proof that you are trying to help yourself,

on a self help site , as well as us doing it.]

there you will see that CPR is a REQUEST, they don't have to respond

[and it too your advantage if they don't].

linked to the above, by reading other claim threads

you'll see that you don't need to use the claimform at all, its purely for ref...

hence the advise to go up on the MCOL website, as detailed again on the claimform..

and Acknowledge [AOS] the Claim, defend all, leave juris unticked, then exit MCOL website.

the next very important deadline is 33 days from the date on the claimform.

[whereby the date on the form is ONE in the count.]

by 4pm on the day [or on a Friday should day 33 be a W/end]

you MUST file on the MCOL website a suitable defence

again by reading like threads you'll most prob see you'll be using the overdraft holding/no paperwork.

should they not reply to CPR.

Juris simply means jurisdiction, when on mcol acknowledging the claim it will ask about jurisdiction, leave it unticked and acknowledge service of the claimform

" OK, got that, but anyone reading this thread can also read the scanned copy of what I enclosed, right? Anyway, thanks for adding the text to the original post (I still don't quite understand how that is better than enclosing the scanned copy but here we are...)"

The main reason for asking you to type out the particulars of claim is so we can copy it to your proposed defence and check that corresponds ......deals with all the responses required by your defence.

Andy

Acknowledgement of service done,

31.14 request sent to claimant's solicitors via special delivery and that has been received by them the next day.

Is there a time limit to which they are required to respond to this request?

Hopefully nothing comes back from either the cca or the cpr 31:14, they need the documents you are requesting to proceed, so until they produce them, look at holding/no paperwork defences and adapt to the PoC you have on the claimform.

get reading like threads too.

dx

Acknowledgement of service done,

31.14 request sent to claimant's solicitors via special delivery and that has been received by them the next day.

 

Is there a time limit to which they are required to respond to this request?

Anyone?

as post 10

you file your def on time regardless

as post 10

"post 10" doesn't address my question.

you file your def on time regardless

That's all well and good, but it isn't what I asked, so, again:

Is there a time limit by which the claimant's solicitors are required to respond to my 31.14 request?

Anyone?

does the letter like the CCA request say there is one?

so even if there was [like the CCa request]

and they fail, of what benefit is that to you?

with regard to you filing a defence on time?

 

Is there a time limit by which the claimant's solicitors are required to respond to my 31.14 request?

 

Anyone?

No

does the letter like the CCA request say there is one?

What letter? And what does the CCA has to do with anything?

so even if there was [like the CCa request]

and they fail, of what benefit is that to you?

 

with regard to you filing a defence on time?

I'd like to know.

No

Inspection and copying of documents

31.15 Where a party has a right to inspect a document–

(a) that party must give the party who disclosed the document written notice of his wish to inspect it;

(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and

© that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

(Rule 31.3 and 31.14 deal with the right of a party to inspect a document)

Comments please?

"(a) that party must give the party who disclosed the document written notice of his wish to inspect it;"

Have any documents been disclosed?

Disclosure has not happened yet......it comes after allocation...in the courts directions.

Not sure why you are quoting CPR 31.15 ?

Andy

What letter? And what does the CCA has to do with anything?

 

CCA is a legal doc that must be replied too that's why the CCA request says as such [12+2 working days].

the CPR is a REQUEST they can choose to ignore it...

 

Originally Posted by dx100uk

so even if there was [like the CCA Request]

and they fail, of what benefit is that to you?

 

with regard to you filing a defence on time?

I'd like to know.

 

well if they don't send any docs back, you'll be filing the holding/no paperwork defence...

that's what we are trying to make you realise

you don't want them to respond to either...

 

so in all effect as a court claim has been raised any time limits make no odds

it doesn't change you defence if they do fail by the time you file your defence [day 33 from date on claimform.]

OK, I've send the solicitors the template Andy was kind enough to provide (I requested all the documents listed there), but, unsurprisingly, received no response from them at all, so I suspect that is good news.

Question: Should I file a defence or should I make an application to the court compelling them to send me these documents (and ask the judge to strike out their claim if they don't) or both? If filing a defence is required, could someone assist me with preparing that please?

By my calculations, if I need to submit my defence, it has to be received by the court no later than 4pm on 1st August (this coming Monday), which leaves me to send my defence by Saturday noon at the very latest, correct?

Many thanks in advance for all the help and assistance received!

If you have not received any of the paperwork that either the CCA request or the CPR 31:14 request asks for by the time you need to file your defence on aug 1 by 4pm, then you use the no paperwork/holding defence which, if you read like threads to your own, you will find with ease.

Adapt it to your PoC, hence the reason it was important we saw it typed up for reference against your defence.

Get your defence posted for approval prior to filing on aug 1

That should be that, job done

Having said the above, a current account/overdraft wont have a CCA, they are not covered by one when a current is opened

you can file via mcol upto 4pm Monday

type

claimform overdraft

into the search cag cag box in the top red toolbar

there are lots of examples there

The question I have asked above is whether it is more sensible to submit an application to the court (with attached draft order) compelling the Claimant to supply these documents or have their case struck out without further order.

Could soneone address this and give me the reasons for/against please?

If the above is possible, I won't be wasting my time any further with submitting a defence and, more importantly, this case won't reach my local county court as, like previous history on here would suggest, I've had big problems with in the past.

It would also allow me to get a proper defence in once I have these documents on hand (if I do not receive them, then their case will be struck out without further order so there won't be any need for me to do anything!).

Again, I'd like to know if I could explore that avenue (and if not, why not?).

If (and I have to emphasise the 'if') the above is not possible/advisable, my defence (draft) I just prepared follows below. I'd need to send this by noon tomorrow (Saturday, 30/07) - I will not use MCOL. Advice is, as always, most welcome. Thanks!

Particulars of Claim

1. The Claim Is for the sum of £535.89 in respect of monies owing Pursuant to an overdraft facility under bank account no XXX

2. The debt was legally assigned by MKDP LLP [Ex:HSBC] to the claimant and notice has been served.

3. The defendant failed to repay overdrawn sums owing under the terms and conditions of the bank account.

4. The Claimant claims:

4.1 The sum of £535.89

4.2 Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 24/05/11 to the date hereof 1857 is the sum of £218.30

4.3 Further interest accruing at the daily rate of £ .12

4.4 Costs

Defence

The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor HSBC. It is denied that I am indebted for any alleged debts or balance claimed.

2. It is denied that I have ever been served a Notice of Assignment for any alleged debts pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. The claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

3.It is denied that any demands for payment have ever been made,the Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

The claimant is also put to strict proof to:-.

(a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated XXX 2016 namely the Agreement and Termination/Demand Notice referred to in the claimants Particulars of Claim Please note: POC state "notice has been served" without specifying whe nature of that notice, so I am including the 2 possible kind of notices here - Termination and Demand notice. If that's not the case, please correct!. The Claimant has failed to comply with this request.

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Why are you not using mcol?