Hi, I normally offer advice on the tenancy forum, and so am a bit out of my depth here..

A bit of background..

In 2010 my wife and I opened a Joint Business account with HSBC, worked well for a couple of years until the business started to drop off, and so there was no money going in for the last 18 months other than WTC and Housing benefit... final overdraft (official was £600) was £702.

I was in correspondence with HSBC and told them that the whole overdraft was due to charges and interest, and that I was suffering.

Their response was to tell me that the charges were applied within their guidelines. Next thing in 2015 was a letter from Arrow global which I promptly replied to, telling them that I was in dispute with HSBC and that their implied right of access was denied so don't bother sending a rent a thug round.

Nothing heard from them until a Restons fishing letter or 7 at the end of last year. These went promptly into file 13.

Then on Jan 29th this year I received a court summons from Northampton in the post.

I promptly sent off a CPR31.14 request to Restons (signed for by them on 7th Feb) asking for

agreement/contract

default notice (I have never received one of these nor the annual ones)

assignment

formal demand (not received one of these from HSBC either)

I didn't sign the letter but printed my name, it had the court hearing claim number on and my address.

Monday as I had not heard from them I sent off a completed N244 form, draft order for directions and a witness statement to the court, as these had to be in as I have not yet filed a defense as awaiting the above documents.. this was received by the court yesterday 24th Feb.

Today I had a letter from Restons with my CPR 31.14 letter enclosed.

the letter was dated 21st Feb, and said:

Please find enclosed a draft letter which purports to come from you but is unsigned.

you will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it.

Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.

So obviously a delaying tactic, but how do I respond from here?.

As far as I know they have not got a copy of my signature and I don't intend to provide them with one..

Any help will be appreciated.

why didn't you simply file the holding defence rather than waiting and using N244 method??

you don't have to await paperwork to file a defence

I didn't realise that I could...

I have only used what bits of information that I thought were relevant from various threads on here and other websites..

that is why I am now asking for more help.

never seen that used before...

anyway can you fill this out please

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

and your draft order and WS

Name of the Claimant ? Arrow Global Ltd

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 24th Jan 2017

What is the claim for – the reason they have issued the claim?

The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and HSBC

particulars are a.c No xxxxxxxxxxx

Date 26/07/2016

Item dfault balance

value 701

Post refri cr Nil

total 701

What is the value of the claim? 701.38

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

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

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? No

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

Why did you cease payments? The account was closed by HSBC as benefit payments had to go elsewhere or I would not have had a home or food.

What was the date of your last payment? 2015 ish

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

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan. Yes I told them I was in hardship... no plan was offered

Draft Order for Directions.pdf

witness statement.pdf

ah so the court has replied then?

that's good news..

looks like you gave rectums a bloodied nose..good job....

thatll make andy smile when he sees this thread

dx

So your defence is due today ( will be received Monday 27th Feb)

You must submit a defence (current account/overdraft) over the weekend......

I assume the court has made no response to your application ?

Andy

ah speak of the devil

yes they have andy

rectums have till the 28th to comply with the order else its struck ut

dx

ah speak of the devil

yes they have andy

rectums have till the 28th to comply with the order else its struck ut

 

 

dx

Thats what the OP requested...where is the Courts response DX ?

the 1st pdf reads to me as though its from the court?

as its refs the defendants Application of the 21st [n244]

the 1st pdf reads to me as though its from the court?

as its refs the defendants Application of the 21st [n244]

No thats Carpets Draft Order...need to submit a defence...rapid.

ok understand

well we'll get one sorted today for them..gotta pop out soon

Something along the lines of the following should suffice...edit to suit but include that you have made application for disclosure.

Particulars of claim

The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and HSBCicon

particulars are a.c No xxxxxxxxxxx

Date 26/07/2016

Item dfault balance

value 701

Post refri cr Nil

total 701

#####Defence#####

The Defendant contends that the particulars of 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/s having held an Overdraft Facility in the past, referred to in the Particulars of Claim ( the Contract ) with the original creditor XXXXX Bank.

2. The defendant denies any liability for any alleged balance but is as a result of unfair and extortionate bank charges/penalties being applied to the account.

3. The Defendant denies the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

4. 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.

5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion.

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

7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated xxxxxxxx namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.

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

(a) Provide a copy agreement/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 their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

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

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

8.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.

Is this one claim form with both your names on or a claim form each?

Alternative opening....

#####Defence Current Account example######

1. It is admitted with regards to the Defendant having use of a facility to overdraw with the original creditor Lloyds TSB Bank.

2. The defendant denies that the alleged amount was for finance service or goods but is as a result of unfair and extortionate bank charges/penalties being applied to the account.

Is this one claim form with both your names on or a claim form each?

only the one... in my name

only the one... in my name

Have a go at editing the above and post it here for checking

thanks for the help so far, but what about the letter from restons this morning sending back my CPR letter?

std practice for them sadly

if you read a few rectum threads here

its all done to intimidate the defendant.

dx

so I take it that I mention it in the defense that they refuse to accept the CPR?

do I have to resend it to them signed?

yep you can slightly adapt point 7

and no you don't resend it signed

there is no requirement to sign either CCA or CPR its simply more of intimidation of a defendant tactics

Is this what you meant Andy?

new copy in next post

defense.pdf

defense.pdf

I would use post 15 updates

and simply copy the text of your defence here in a msg boc

not as a pdf

its easier to see and edit for us.

dx

The Defendant contends that the particulars of 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/s having held an Overdraft Facility in the past, referred to in the Particulars of Claim ( the Contract ) with the original creditor HSBC Bank.

2. The defendant denies any liability for any alleged balance but is as a result of unfair and extortionate bank charges/penalties being applied to the account. The bulk of the monies having been paid in comprised of Working tax credit and Housing benefit.

3. The Defendant denies the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety, and that HSBC knew of the financial hardship that I was suffering.

4. 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.

5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion.

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

7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 2nd February 2017 namely the Agreement and Termination Demand Notice, default notice, and assignment referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request, sending my original letter back to me claiming that it is unsigned and they will not be acting on it.

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

(a) Provide a copy agreement/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 their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

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

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

8.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.

change points I and 2 as per post 15

change point 7 to read the claimant solicitors