IND Court Claim Received

[Kasier]

Hi. I’ve just received court claim from Robinson Way Ltd / IND. I used to have a bank account and credit card with HSBC but stopped using it since beginning of September 2006.

 

A few weeks back I received a letter from IND saying I owed over £6 for a HSBC Credit Card, then saying if I didn’t pay it would go to court which now I have a letter for that.

 

Please can someone help I have no idea what I need to do or what needs to be done.

 

Here is what the Court letter Says: (Date issue was 25th Jan 2012)

 

'The claimant is the assignee of a debt(s) from HSBC plc. Notice of assignment was provided to the defendant by the claimant in writing. Despite demand for payment the assigned debt(s) remains due. The claimant complied with section III and IV and annex B of the PD Pre-action conduct.

 

and the claimant claims:

credit card account number xxxxxxxxxxxx balance of 6,xxx as of x/x/07 interest under s69 of the county court act 1984 at the rate of 8% a year from x/x/07to x/x/12 of 2,xxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 1.44 and cost.

 

Thank you.

[PGH7447]

first things first did you ever get a Notice of Assignment from either HSBC or Robscumway? also who is the claimant IND or robscum

[Kasier]

Hi PGH7447, I dont' remember receiving one but i have moved a lot over the year so they may have sent one, the claimant is robscumway.

Edited February 5, 2012 by Kasier

[Guest]

a side issue for now, but their claim for interest should prob be regarded as unreasonable, dependent on the circumstances. 5 years to start a claim!

[Guest]

kaiser

if you are defending, then you would need to acknowledge your intention to do so online (if northampton) in time (v. soon?). you'll then get a further 14 days to submit a defence. more if you can then agree an extension with the claimant.

Edited February 5, 2012 by Ford

[Kasier]

Yeh its northampton, what would be the best course of action?

[cat10]

IND don't seem to have Notice of Assignment for alot of these claims. The last letter before legal proceedings state, that they have been appointed by the DCA to collect the balance.

Now i havn't received my court papers yet,they will be coming shortly no doubt. Who are the solicitors in the POC acting for, the DCA or IND.

What im trying to settle in my mind is if there is no assigment to IND how can they claim the debt. If there is no assigment but they act on behalf of the DCA is that enough in court?

[PGH7447]

IND don't seem to have Notice of Assignment for alot of these claims. The last letter before legal proceedings state, that they have been appointed by the DCA to collect the balance.

Now i havn't received my court papers yet,they will be coming shortly no doubt. Who are the solicitors in the POC acting for, the DCA or IND.

What im trying to settle in my mind is if there is no assigment to IND how can they claim the debt. If there is no assigment but they act on behalf of the DCA is that enough in court?

 

Good question - they appear on the scene with a letter before action and go straight to litigate, claiming that an assignment was issued from the OC to the DCA involved, and on the POC they are nowhere to be seen, I send a cpr and the solicitor just sent me the letter before action claiming that was the assignment, but of course it was not, so I dont really know what they are playing at, but I am damned sure I will inform the judge of this smoke and mirrors approach

[cat10]

Hi PGH7447

We have lightly touched this subject before. So on your court paperwork who are the claimants, Solicitor or DCA (obviously not naming them). What i understand then is that IND arn't named ?

[Kasier]

Yeh IND aren't named, Robinson way are. address for sending documents etc is for HEGARTY LLP?

[cat10]

So in your case you have a Notice of assigment from your OC to Robinson Way. So why does Robinson Way use IND to send a last letter before action. Why don't Robinson Way just do this. Seems a funny way of going about it.

[fred12345]

Yeh IND aren't named, Robinson way are. address for sending documents etc is for HEGARTY LLP?

 

If you scroll through all the Ind related threads, most people have stated that Ind are assigned to their debts and Hegarty are Ind's solicitor. With the cases where another DCA have appointed Ind to collect the debt in the letter before action it states make payments to Ind even though they're not assigned to It... Dodgy I must say, not to mention a good reason to report them to OFT!!

As regards to the POC's Inds name is not mentioned anywhere on the claim form, but Hegarty llp are!! and it states that if your to settle before judgement then make payments to Hegarty not the claiment (DCA) who is assigned! - So it makes me wonder if the claim was settled before judgement who gets the money, Current assigned DCA or IND!!

[PGH7447]

Hi PGH7447

We have lightly touched this subject before. So on your court paperwork who are the claimants, Solicitor or DCA (obviously not naming them). What i understand then is that IND arn't named ?

 

The claimant is robscum and the sols are heggies, IND are not mentioned anywhere, I have since written to robscum with a without prejudice letter and they have said deal with IND, so who knows what they are playing at, and the only time I will deal with them is when I get to court, also people have said that they have called IND and the person who answered said they worked for Arrow, another debt collector, and people have rung heggies and got IND, all a bit suspicious if you ask me.

 

hopefully the complaints are racking up and the OFT take notice.

[Guest]

Yeh its northampton, what would be the best course of action?

 

if you are defending then log on in time and enter your intention to defend.

some info re poss getting required info mentioned. http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

[Kasier]

I've now let them know i want to defend, what do i need to do now?

[Guest]

what did you do? you've acknowledged service online MCOL? you'll then have a further 14 days in which to submit a defence. have a read of the links posted.

Edited February 19, 2012 by Ford

[Kasier]

I did the acknowledged service on the 13 feb, i have read the links you posted i think i understand them, i think i should send them a CPR 31.14?

[Guest]

as has been posted, there may be an issue re assignment and the agreement. so yes could do the the 31.14 request and see what they come up with.

[Kasier]

i'll send one out. thank you

[Guest]

ensure that you request the 'notice of assignment' and 'credit card agreement' that have been mentioned in their particulars of claim. can also include the 'default notice', despite it not actually being mentioned (they can only refuse on that!) (also, a valid def notice (if applicable) would be required before there can be any court enforcement)

Edited February 20, 2012 by Ford

[Kasier]

So, Monday is the last day to submit a defence, i have received nothing from the CPR 31.14 i sent Monday last week, who do i contact to get an extension for my defence, and what do next now that noone replied to my CPR 31.14?

 

Thanks

[Guest]

tomorrow? maybe too late to get an extension. unless can arrange it with claimant via phone fax and then fax to court in time. but that may be cutting it fine. so, if defending, maybe do a 'holding' type defence in time basically saying unable to plead, claimant has failed to respond to your legitimate and reasonable request under cpr 31.14 for the required documentation ie agreement, notice of assignment, default notice? and has failed to agree to an extension as offered? see what others think?

[gezwee]

Hi Kasier

 

Oh bugger, no extension requested?

 

Bell the other side and follow up with an e-mail/fax tomorrow seeking an extension of 28 days to file defence, [you just need to quote the request is pursuant to CPR15.5] whilst they gather docs requested re; 31.14, include a reminder for the docs at the same time.

 

If you get a response by no later than say 13.00hrs file it with the court attached to a short covering letter stating case number and parties.

 

Failing that you'll need to get a basic defence filed in the afternoon, 16.00hrs is the cut-off so would suggest you get this sorted early rather than late afternoon. Below is a veeeeeeeeeeeeeery basic one, adjust to suit. Include an additional line [Fords post above] re: no response to CPR31.14 request, or extension request 15.5

 

 

 

IN THE (NAME) county court Case No

BETWEEN:

 

 

 

 

 

Give Claimant's Name (Claimant)

 

and

 

 

 

 

 

You - Give Name (Defendant)

 

 

 

 

 

 

DEFENCE

 

 

1 The Defendant denies that the Claimant is entitled to any of the relief claimed or at all.

 

2 For want of any or any adequate particularity apertaining to the allegations concerning the account/s, the Defendant's default, termination and its assignment the Defendant is embarrassed and unable to further plead to the Particulars of Claim.

 

I, believe the above statement to be true and factual

 

DATED:

 

SIGNED:

[Kasier]

So i need to contact the claimant for an extension then contact the court saying that the claimant has extended? if extended will that be 28 days from tomorrow? Thanks

[gezwee]

Yep, that's it.... get their agreement in writing first then copy to the court for the ext of 28 days

 

Don't rely on a last minute response from them though, make sure you get either the extension or your defence filed as early as possible tomorrow.

 

Gez