Hello, I need some advice about what to do next please.

Long story short. 2 accounts with HSBC,unsecured loan & current account. Loan £15051, account: £1089. HSBC defaulted loan 31/11/2010 and account 01/03/2011 (according to credit file).

Metropolitan Collection started chasing debt of £17,000 12 months ago. After CCCS advice, have been paying £40 EVERY month, on-time as agreed direct to Metropolitan.

03/11/2011 Metropolitan wrote to me telling me that the arrangement has now expired and to return the attached questionnaire confirming ability to pay £60 per month. Completed questionnaire and return to Metro within timescale (have proof of delivery) saying financial circumstances haven't changed & I could only afford £42pm.

03/12/2011 - letter from Metro saying o/s balance was £16,183.43 and as I had failed to make the payment, they were taking legal action against me. ( I always continued to pay £40 pm during the whole time and still do).

26/12/2011 Metro now referring me to Restons!!!

30/12/2011 letter from restons demanding full payment. Income/expen form included for completion. Complete for sent back (reg delivery) to Restons within timescale.

03/02/2012 - Claim pack from Northampton Bulk centre - no NOS/credit agreement/DN attached.

16/02/2012 - AoS submitted online defending whole claim.

17/02/2012 - CPR 31.12 & CPR 16.4(2) request sent to Restons (Reg delivery, received 22/02/2012)

27/02/2012 - Letter from Restons disputing need for NoS or DN to be attached under CPR. PD7(1.4)(3A), also stating that I am "fully aware of the nature of the claim against me as I was sent a Letter before action previously by them", that my debt has not been assigned to them, HSBC remains the creditor and owner of the account and the copy of the agreement will be forwarded to me in 'due course'.

NOW!! I have 2 defaults against me from HSBC on my credit file. But I THINK that HSBC have amalgamated my to accounts (loan & current) and are chasing me for the total OR the amount owing is just for the unsecured loan and there is over £1000 worth of charges on the default amount. If it is 2 combined accounts, can they combine them without notifying me?? and that then means that there should be 2xNoA/DN & credit agreements????????

I need to send my defence in by Weds 07.03.12 and I have been looking at all the threads to try and find the relevant response for defence but I'm starting to get confused. I know that getting the information regarding the breakdown of o/s balance from Restons is paramount but I also know what sneaky so-&-so's they are.

Please can any one point me in the right direction....quickly.

Do you have anything at all that accepts your offer of £40 a month in writing! If so Esstoppel spings to mind!

Jogs

Thread moved to Legal Issues

Hi, thank you for your swift response. I do have a letter from Metro agreeing to the repayment plan for 12 months. Then financial situation reviewed I think, (i'll have to check the exact wording). Is my post in the right forum by the way? and what is Esstoppel (sorry for being dim)

Thank you for moving my thread to the appropriate forum

It's gone a little bit quiet on the forum. Is there any defence templates on the website that might get me started. Just a bit worried because of the pending deadline.

Hello there.

I'm sure people will be back when they can, but you've only been here for two hours and it is Sunday afternoon.

I'll have a look to see if there are templates.

My best, HB

Hello again.

I'm not very familiar with this forum myself.

The legal templates are on this forum's titles page, which you will arrive on if you use your browser's back arrow to leave this thread. Once on the 'front page', scroll up to the yellowy green section where the templates are. Of course not every situation is suitable for a template, as you might imagine.

My best, HB

Thanks HB. I'll have a look at the templates. Just a bit worried that if I don't get it right, I'll lose the house. Thanks again.

As they have not responded to CPR requests, you may want to enter a simple holding defence with leave to change it when you need to.

As Honey has pointed out, it's normally very quiet over the weekend, but don't panic, hopefully omeone will pick up on this soon!

In the meantime, research 'embarressed' defences!

Jogs

Thank you Jogs. Will do!

Hi! I've just noticed something wrong on the court paperwork. The account number on the PoC is a the wrong account number. It's the current account number not the loan aggreement account number. A default has been registered against me for the current account but only for £1089 on 01.03.2011. The o/s amount £16183.43 being pursued is the defaulted amount of the personal loan (date of default 03.11.2010).

Does this mean that the DN will be invalid because it has the wrong account details on it??? Also PLEASE can someone advise me on what to put in an embarrassed defence as it is due to be posted today and I really am losing the plot.

With thanks

Can you type out the Particulars of Claim verbatim Kay?

Regards

Andy

Hi Andy. THANK YOU for responding, I have the document scanned in but don't know how to paint over the personal details.

PoC:

"The Claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about 15/04/2008 in the sum of 16261.71 inclusive of interest to the date of this summons at 8% per annum from 30/12/11 to 02/02/12

PARTICULARS a/c no:- ******/****0570

DATE ITEM VALUE

30/12/2011 Default Balance 16183.43

29/12/2011 Post Refrl Cr -42.00

02/02/2012 Interest 120.28

TOTAL:- 16261.71

Together with;-

Interest pursuant to s69 County Courts Act 19 at the rate of 353.78 pence per day to the date of Judgment or sooner payment.

I have the original signed personal loan agreement by the way. No DN or NoA.

If you could just edit that post Kay remove the account number.

The Claimant is HSBC, acting Pestons (we want a charging order) solicitors correct?

That's the one! Restons the solicitors with the "team of specialists and a range of payment plans that have been specifically designed to help meet our customers needs"

Ok as the Claimant is the OC there is no NoA because the account/s have never been assigned.There should be a DN for the P/L along with the agreement you state you have.The overdraft which they have incorporated will have no agreement nor a DN its known as as recall notice served under Sections 76(1) and 98 (1).You state you have acknowledged the claim and its your intention to defend all the matter.

On what basis will you be defending this?

Regards

Andy

The DN was filed for the PL on 03/11/2010 - £15051 acc no: ****5974

The DN was filed for the personal account on 01/03/11 - £1089 acc no: ****0570.

Metropolitan passed the outstanding debt (16183.43) to Restons account number ****0570.

They have assigned the pers account no to the PL balance.

It says on the PoC that the default balance is £16183.43 on acc no: ****0570. The correct account number is ****5974.

I think that HSBC merged the 2 accounts but cannot use 2 account numbers so have used the pers acc ref-0570.

So on which DN are they enforcing? and if the DN has the incorrect account number does it make it invalid??

Also we had a payment arrangement in place with metropolitan DCA for £40 pm which was paid for over 14 months without missing a payment.

I have already submitted a CPR 31.12 & 16.4(2) request to Restons. They have responded syaing they don't need to attach the PoC contract claims to the form as it is processed by the bulk centre and that I am already fully aware of the nature of the claim following their Letter before Action. They confirm my previous and continuing monthly payments of £40 and say the contract agreement has been requested from HSBC and will be forwarded in due course. Is this right???

Ok thank you Kay,

I understand all the above, not exactly standard procedure when debts are to be recalled.Not really a defence though, ok I see they have levied unfair charges to the Personal loan account of over £1000.00 are you sure its the PL or the O/D?

The fact that you are in a payment agreement and continuing to make payment is a plus also,why did this break down if at all, are you still to this date maintaining payment?

Andy

I have already submitted a CPR 31.12 & 16.4(2) request to Restons.Why they are of no use? They have responded syaing they don't need to attach the PoC contract claims to the form as it is processed by the bulk centre they are correct and that I am already fully aware of the nature of the claim following their Letter before Action. They confirm my previous and continuing monthly payments of £40 and say the contract agreement has been requested from HSBC and will be forwarded in due course. Is this right???

Andy

Yes the payments are still being made every month. According to the credit file, £37pm is coming off the PL and £3 is coming off the O/D. The problem I have is that I don't know exactly what the £16183.43 is made up of. If it's the P/L with £1000 charges, the P/L & O/D combined or the O/D with obscence £15k charges. All I know is that they have used the O/D account number as the account their chasing.

Metropolitan wanted more money per month. I filled in their incoming/outgoing form and returned within date (with a cover letter stating that my financial circs hadn't changed. The only response I got was a letter from Metro saying I'd failed to make the payment as requested. Then letter saying they were passing it to restons

I didn't have the Personal loan agreement when I sent the CPR. I only found it yesterday looking for the DN

Kay