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jimit2017

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About jimit2017

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  1. I have now had a response from the boys at Arrow Global. the letter says "We are the claimant in this matter...refer to your defence dated.." "The claim is now being dealt with by our specialist in house litigation team..." "We can confirm that the claim is in relation to a HSBC overdraft taken out on 1/8/2011. Arrow Global Limited acquired the account on 13/05/14 and notice of assignment was sent to you on or about 21/08/2014 pursuant to the Law of property act 1925" "We note that the basis of your defence essentially amounts to a request for documentation. We can confirm we have requested the documentation... Once received we will revert back to you" "It is our preference to achieve settlement of the matter without the need for further litigation.... We may be able to offer a discount on the total balance... We invite you to contact us to discuss options for settlement" The letter then suggests I seek advice from a variety of debt charities. Is there a suggested route to take from here? Thanks for reading..
  2. I have had an Auto-response from CCBC AQ So I am using that as confirmation of receipt
  3. I tried to do this but when I logged in with my MCOL ID - I then had to log in with a Case Number and Password - this no longer worked as it did before - I used the exact same case number and password as before (it was auto-saved by my browser) - as written on the claim form - but kept getting 'invalid case number or password'. As there was only an hour until deadline I figured I had better email it.
  4. Ah, I see. Thanks for letting me know. I did ask them that when I phoned them but was told the bank had no idea what the transfer was. Well, I had no reply to my 13.14 from Restons so have now submitted my defence via the email address I was given when I rang the court. I shall post when I hear anything next!
  5. I have now had a duplicate statement through from when I spoke to HSBC. The last two entries are as follows: 14th Nov 13 - CR - Account transfer 550.76 (Balance 0.00) 14th Nov 13 - - Account Closed (Balance 0.00) it does indeed show the account was paid off before it was closed. I cannot remember anything about this. November 2013 I was signed off work very sick. Is it worth mentioning this transfer in the defence? Thanks
  6. Ah yes, I realise my due date calculation was slightly off! phew! Thanks so much! I will perhaps wait a couple of days to see if I get a reply from the CPR 31.14. What a luxury!
  7. Particulars of Claim for reference only 1.The Claimant claims payment of the overdue balance due from the Defendents under a contract between the Defendants and HSBCicon on or about the Aug 01 2011 and assigned to the Claimant on May 13 2014 PARTICULARS a/c no - 00000000000 DATE ITEM VALUE 10/03/17 Default Balance £550.76 Post Refrl Cr Nil TOTAL : 550.76 1. I accept that I have in the past held a current account with HSBC. I have not serviced this account since 2011 due to the service charges, punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with HSBC as no agreed overdraft was in place. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue. 2. I do not admit to defaulting on payments or ever receiving a Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and the Claimant is put to strict proof to evidence any breach. 3. I have never been served a Notices of Assignment in accordance with s.136 Law of Property Act 1925. 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/facility arrangement along with the Terms and conditions at inception, which 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. 5. On receipt of this claim I requested documentation by way of a CPR 31.14 request, which was sent recorded delivery on the xxx. The Claimant has failed to comply with this request. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise. 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.
  8. Thanks very much. I since actually found one that is similar to my case. Would the following work? 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 denied with regards to the Defendant/s having held an agreed 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. 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 termsicon in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon 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 crediticon 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 Procedureicon 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.
  9. OK, So I am intending to send the defence as follows. I need to send it today. Particulars of Claim for reference only 1.The Claimant claims payment of the overdue balance due from the Defendents under a contract between the Defendants and HSBCicon on or about the Aug 01 2011 and assigned to the Claimant on May 13 2014 PARTICULARS a/c no - 00000000000 DATE ITEM VALUE 10/03/17 Default Balance £550.76 Post Refrl Cr Nil TOTAL : 550.76 The defendant disputes the full amount claimed as shown on the claim form. With reference to the Particulars of Claim: 1. The defendant denies any agreement with the claimant and is put to strict proof to provide a true copy of the original agreement referenced as xxxxxx/xxxxx 2. The Defendant notes that the Claimant does not state that a Default Notice was sent as required by the Consumer Credit Act 1974 and is put to strict proof that the requirements of the Act were complied with. 3. The Defendant notes that they have had previous financial dealings with HSBC but denied that any debt is owed to the claimant, Arrow Global Limited or otherwise. 4. The Defendant does not recall receiving a Notice of Assignment. 5. The claimant is put to strict proof to show: (A) (i)show how the Defendant has entered into an agreement; and (ii) show how the Defendant has reached the amount claimed for; and (iii) show how the Claimant has the legal right, either under statute or equity to issue a claim; (v) show and evidence that the defendant was issued with a default notice (vi) show that the claimant and the agreement has complied with all requirements under the Consumer Credit Act (1974) (vii) show that the claimant has the legal FCA authorisation to issue the claim. (B) Interest pursuant to Section 69 County Court Act (1984) is denied. This is only awarded at discretion of the Judge if the claim is upheld. It is noted that the Claimant has used this to Inflate the claim total. After receipt of this claim, I requested copies of the documents referred to in the Claimant’s Particulars of Claim by way of a Civil Procedure Request 31, PD 14. This was sent via guaranteed next day delivery and signed for on the 03/06/17 The Claimant has yet to respond. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. Until such time the Claimant can comply with my request for a true copy of the original agreement that complies with the requirements of the Consumer Credit Act (1974) and other documents relied upon in the Claimant’s Particulars of Claim, the Claimant is prevented from enforcing or requesting any relief as pursuant to the Consumer Credit Act 1974. 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.
  10. OK, I have been looking on the forums and I cannot find a defense that isnt really specific to a persons personal circumstances. In short I have no idea what to write and only about 24 hours to get something submitted! Is there any basic template available for such a thing that might at least serve as a starting point? Thanks
  11. Aha. I did try and search the forum but got redirected​ off to Google. Unsure why. Thanks. I will take a butchers there!
  12. Thanks. I have sent off the CPR. I have been looking at defenses and what I am finding on Google seem to be extremely complex. I am really unsure as to what avenue to pursue.
  13. OK, Thank you very much! So, just send this for now? Is there anything else to do?
  14. So, I should post the following letter to Restons Solicitors? Template removed
  15. Aha! A request for disclosure of documents!
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