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Rockwell/Pinnion claimform - HSBC merged accounts **DISCONTINUED**


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I have a debt with HSBC, which i was paying through Equidebt up until March 2008, when i received a letter from Rockwell stating immediate payment. i spoke to Equidebt and they said that the debt had gone back to HSBC.

 

When i spoke with rockwell they demanded payment. we agreed on a monthly payment subject to them sending me a copy of the credit agreement along with confirmation from HSBC that the debt has been moved to them.

 

Yesterday - 07/02/2009 - i received a County Claim Form from Christopher

Pinnion & Co solicitors acting on behalf of Rockwell for the debt.

 

I have not heard anything from anyone for 6 months!!

 

Can someone please help with the defence????

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Thank you so much for replying....

 

"The claimants claim against the defendant the sum of £xxxx due under the following account:- XXXXXXX"

 

obviously there are number where the x's are, since i am new to this not sure if i should put in the actual account numbers and amount.

 

either way thats all it says on the Particulars of the Claim.

 

thanks.

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ok, thanks.

 

i had requested the CCA, when i got a letter from Rockwell. I had setup a repayment, subject to them providing this information. nothing was received. over time i forgot about this until i received the claim form.

 

prior it going to Rockwell debt recovery i was paying monthly payments to Equidebt.

 

the amount on the claim form is approximately £150 lower than on the last letter i received from Rockwell in April 2008.

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hi....

 

i had 2 credit cards and an overdraft, which was as you say all bundled up into one debt.

 

i had no response at all from the CCA request when i spoke to Rockwell Debt Agency. i even have the name of the person i spoke.

 

unfortunately over time i stupidly forgot about it, until yesterday when i got that lovely blue letter from the court.

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Ok. Since Rockwell defaulted on the CCA request, any demand for payment is unlawful (s.78(6) CCA 1974).

 

Cancel any payment arrangement now.

 

You need to acknowledge the claim, and tick the box that says you intend to defend all the claim. Then, you should make a CPR request for documentation. I will ask one of the court experts to have a look at your thread and advise you on the detail.

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hi,

was the CC claim issued at Northampton?

You probably already know this but as you wish to defend you must file the acknowledgement of service within 14days of issue if not they will win by default. This info is on your claim form.

 

Did you ask for your CCA in writing or just over the phone?

When were the cards taken out?

 

Take a look at this thread Its very helpful. http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

Sugarfaceagentx20 has drafted a letter that you could use in the above thread in his first post and explains why it seems better to send this rather than a CPR part 18 request.

If I were you I would use his example letter and tailor to your circumstances.

 

Oh and I'm not the court expert by the way, LOL, I wish I was.

Edited by questioning
added a bit

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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Thank you so much for replying....

 

"The claimants claim against the defendant the sum of £xxxx due under the following account:- XXXXXXX"

 

obviously there are number where the x's are, since i am new to this not sure if i should put in the actual account numbers and amount.

 

either way thats all it says on the Particulars of the Claim.

 

thanks.

If that is all their pleadings say then im afraid that they have failed to overcome the first and probably most simple hurdle in stating their case against you.

 

How the hell are you supposed to answer a claim without an adequate level of information

 

Personally , i would seek clarification from the other side on how the debt is made up, what agreements they are relying upon

 

the problem is that CPR 31.14 is probably not going to help as they have not pleaded a document in their claim

 

im actually leaning towards seeking to have them struck out or in the alternative for directions from the court ordering them to plead their case correctly in accordance with the CPR

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it came from Southend County Court.

 

I shall post the acknowledgment off tomorrow.

 

i had requested the cca over the phone and then by post. unfortunately cannot find the registered receipt.

 

cards were taken out in either 2004 or 2005.

 

my debt is over £5K, does that change anything in terms of timelines??

 

i will send that letter tomorrow by speacial. any thing else that i should do??

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if the cpr 31.14 is not quite right, is there something that is.

 

apologies for my ignorance what does CPR mean??

Hi there

 

Sorry, i use the term too often and forget that others are not familiar with it

 

the CPR means Civil Procedure Rules

 

these are the rules and frame work for all litigation in the civil courts

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As paul said that letter I advied is not the best, SORRY, so I suppose the CPR part 18 is the best.

The claim I had from HSBC was the same as yours, very vague infact on mine they didn't even put an account number.

 

Question for someone more knowledgable out there, As it was issued from Southend and not Northampton CCBC does that make a difference,

 

Here is part 18 CPR request

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION Part 18 CPR request.

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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One thing is if you are posting the AOS off tomorrow make sure you send it by recorded/registered post so you have proof that you sent it in time.

Its probably easier to do it online, on the MCOL site, thats how i did mine last year, its easy and saves the postal costs. It should tell you this on the claim form.

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For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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Thank you to all of you for the help and info.

 

I will get that sent out tomorrow!!

 

Out of interest, what do you feel the likely response is going to be?

 

Also, i look forward to hearing if anyone knows whether it coming from Southend CCBC as apposed to Northampton CCBC makes a difference.

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it came from Southend County Court.

 

I shall post the acknowledgment off tomorrow.

 

i had requested the cca over the phone and then by post. unfortunately cannot find the registered receipt.

 

cards were taken out in either 2004 or 2005.

 

my debt is over £5K, does that change anything in terms of timelines??

 

i will send that letter tomorrow by speacial. any thing else that i should do??

Right then

 

If the claim came from southend county court then there are rules which the claimants solicitors Must follow if they are bringing a claim against you

 

CPR 16.4 sets out the basics for a set of Particulars of Claim

 

16.4

 

(1) Particulars of claim must include –

 

 

(a) a concise statement of the facts on which the claimant relies;

 

 

 

(b) if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);

 

 

 

© if the claimant is seeking aggravated damages(GL) or exemplary damages(GL), a statement to that effect and his grounds for claiming them;

 

 

 

(d) if the claimant is seeking provisional damages, a statement to that effect and his grounds for claiming them; and

 

 

 

(e) such other matters as may be set out in a practice direction.

 

 

 

 

(2) If the claimant is seeking interest he must –

 

 

(a) state whether he is doing so –

 

 

(i) under the terms of a contract;

 

 

 

(ii) under an enactment and if so which; or

 

 

 

(iii) on some other basis and if so what that basis is; and

 

 

 

 

(b) if the claim is for a specified amount of money, state –

 

 

(i) the percentage rate at which interest is claimed;

 

 

 

(ii) the date from which it is claimed;

 

 

 

(iii) the date to which it is calculated, which must not be later than the date on which the claim form is issued;

 

 

 

(iv) the total amount of interest claimed to the date of calculation; and

 

 

 

(v) the daily rate at which interest accrues after that date.

 

 

 

(Part 22 requires particulars of claim to be verified by a statement of truth)

 

 

 

if we turn to the practice direction 16, para 7.3 states

 

Where a claim is based upon a written agreement:

 

 

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and

 

 

 

(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).

 

 

 

 

so firstly they need to have attached the agreement to your claim form and they clearly havent

 

i would say that the court would , given that you are a litigant in person, order the other side to plead their case effectivley in accordance with the CPR as , as matters stand they have not and in y opinion their case is screaming to be struck out

 

what ios the date of service on the claim form? it should be on the top right of the claim form

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No it doesn't make any difference, you've answered my question now, as I can see from your post #19 Southend is a "County court bulk centre " so no forget that.

 

Just seen pauls post, I thought southend was a CCBC because your earlier post #19 said it was, .... So its not a CCBC then, so yes it does make a difference.

I'll leave you in Pauls capable hands, hes the expert, Good luck

Edited by questioning

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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there is no such court as Southend County Court Bulk Centre the only bulk centre there is is based in Northampton, at St Katherines Street. the claim you have received is from this place?

 

Tylers House

Tylers Avenue

Southend Essex

England

SS1 2AW

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actually perhaps i was trying to speak your lingo....

 

on the claim form it just says "Southend County Court"

 

does not say anything about bulk centre. the reason i said bulk centre is that i am aware that Northampton is a bulk centre,

 

i thought they are all the same, arent they? or not??

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