Hello,

I am in the process of trying to sort out my partners finances. He has several debts but I will post them in different threads.

The first is 1st Credit and HSBC. I thought it was a credit card so sent off a CCA request to which he got a fairly standard reply that they were sorry he has a dispute and they would contact the original company for more information.

Fast forward about three weeks and he received a package of papers containing a covering letter saying that debt relates to an overdraft and is therefore exempt from Part V of the Consumer Credit Act 1974; a facility letter; default terms and conditions (dated 2014) and a load of statements.

I know I did the wrong thing by using a CCA request. Anything I can do to rectify the situation now?

history of the debt please

is on credit files

and is it defaulted?

you say takeout date was 2014? bit quick for HSBC to sell it on?

whos the owner on the credit file?

Sorry.

Account taken out in 2007. It's an overdraft facility. Unsure of exact default date but probably in 2015 and it shows on credit files as a 1st Credit debt

if it shows of CRA file then there must be a defaulted date?

Defaulted 19 May 2015. And the account was started in 1985. There is a standard overdraft arrangement letter (printed from their records I presume) with his account details on. No date but the letter does say that the overdraft expires in October 2013.

1985!

99.9% reclaimable charges

Charges?

Do you mean bank charges?

i would expect so.

how much are they trying to fleece you for

no wonder HSBC sold it on!

£2,303

They've sent statements from July 2011 to May 2015. I'll have to look and see what charges he's got on there

get all the statements from day one by an sar to HSBC

I didn't realise that bank charges were still reclaimable I thought that window of opportunity had passed

they aren't but if you can prove the balance is substantially unlawful charges and interest then that needs to be dealt with and put up your sleeve should they ever wish to chance a claim form.

use the CISHEET.

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

for an account starting 1985 £2k will be easy to reach!!

Hello, just thought I'd update. He has been receiving letters from 1st Credit on and off demanding payment of the debt. Now he has received a Letter of Claim from Moon Beever Solicitors. Is this something else he can ignore or does ît need responding to?

Thanks

you mean a pre action protocol letter?

dx

The latest is that he has received a county court claim from Intrum UK Finance (name change for First Credit apparently) claiming the whole amount back

Issue date is 10 April so served date is 15 April. He is devastated by this, obviously. How can we defend this?

we have never lost an OD claim yet.

moved to legals.

dx

please complete this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**(1-Viewing)-nbsp

Name of the Claimant ?

Intrum UK Finance Limited

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

10 Apr 2018

Date of issue

10 April + 19 days = 29 April + 14 days to submit defence = 9 May

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

"The Claimant is the assignee of Hsbc Bnk Plc

Debt in the sun of £2664 assigned on 23/3/2016. Statuatory notices of assignment were sent to the Defendant. On 01/03/2018 the Claimant changed its name from 1st Credit (Finance) Ltd to Intrum Finance Ltd. The debt is for arrears on an overdraft facility and the account was opened by the original creditor on or about 28/06/1985 under reference xyz.

The Defendant used the credit facilities.

On 19/05/2015 the account defaulted with an outstanding amount of £2,302.

The Claimant and its predecessors in title demanded repayment of the sum due.

In breach of the contract the Defendant failed to repay the sums due

AND THE CLAIMANT CLAIMS

1. The sum of £2,302

2. Statutory INTEREST pursuant t S.69 County Courts Act 1984 at 8% per annum from 05/04/2016 until Judgement or sooner payment"

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

Not to my knowledge

What is the value of the claim?

£2,850

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?

Bank overdraft

When did you enter into the original agreement before or after 2007?

Before 2007

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.

Assigned

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Yes

Did you receive a Default Notice from the original creditor?

Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

No

Why did you cease payments?

Became unemployed, changed job and moved

What was the date of your last payment?

Around beginning of 2015

Was there a dispute with the original creditor that remains unresolved?

No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon?

No

You seriously need to get moving on this

You've already wasted 15 of you allocated 33 days

Have you ack'd the claim on mcol website and sent the CPR 31:14??

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

We have had some family things going on that prevented us from concentrating on this.

Have edited and printed the letter. Just going to acknowledge on MCOL and say we are defending this.

Is there any point in going back to First Credit (Intrum) and offering them one of the amounts that they have suggested in the past? What are the chances of him being able to successfully defend this claim>

Thank you for all your help so far

we've never lost an OD claim yet whereby its not been subject to judge lottery.

did you ever get that SAR sent in November to get all the statements

I did. They sent loads of statements and copies of letters, etc

Did you ever have a card or loan too