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Claim form issued for Debt that is not on my credit file


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Good Morning,

 

I am after a bit of help, as I am now getting worried.

 

At the begining of this year, I received a letter from Rockwell chasing a debt for their client (arrow global limited) that was for an original creditor (HSBC Bank). The amount was for just under £5000.

 

I received 2 further letters from Rockwell, and then in March I recevied one from Fenton Cooper, who i beleive are the same company.

 

I have a credit report from Experian from September 2011, and there is nothing on there about this debt

 

I have a couple of small defaults on there that have a status of 8 but the balances have been satisfied (so I guess these will just drop off after 6 years?) and then the other items on the report are my active accounts.

 

There is nothing on there for HSBC, Arrow, Rockwell or Fenton Cooper.

 

I did have a HSBC account years ago, but nothing would have been paid on it or any activity for 8 or 9 years.

 

I am pretty certain that this debt is Statute Barred, so is unenforceable? Should I fill in the defence form? what is the the correct wording to use, and do I need to only send the defence form back or do I also need to write to anyone else?

 

the issue date of the claim form is 18th June (I received it yesterday) so I need to make sure I get it replied to in time!

 

Thanks in advance.

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Hi istanley and a warm welcome to CAG.

 

On receipt of a summons you have 33 days in total to deal with it. Less 5 days deemed served (28) 14 to acknowledge service and if defending a further 14 days to submit a defence.

 

So you must AoS by the 6th July with your intentions.

 

Are you 100% sure the debt is Statute Barred, no acknowledgement or payment within 6 years(5 in Scotland)?

 

Regards

 

Andy

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Thanks for the reply.

 

I am sure it is Statute Barred. I have not banked with HSBC for years. I am obtaining my credit reports from Equifax and Call Credit, so should have these soon. Would I be right in thinking that if the debt is not on these reports (and it is not on my experian report from last sept) then it has to be 100% Statute barred?

 

The claim form states that I can respond online. Is this ok to do (once I have checked my reports) as this would be much quicker.

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Mmmm not necessarily 100% proof but if as you state ,not banked for years, are years more than 6? I am assuming this is an O/D?

 

Yes you can do all on line MCOL up until the defence then it will be manual.Providing you are sure then here is a SB Defence.

 

 

The claimant’s claim was issued on (date)

 

The claimant contends that the Claimant’s claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

The claimant’s claim to be entitled to payment of £xxxxx or any other sum, of any kind is denied.

 

Regards

 

Andy

We could do with some help from you.

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Thanks Andy,

 

I have not bancked with HSBC for 8 or 9 years now, and definatley cannot remember making any payments or acknowledgments in the last 6.

 

So should I go online and do the AoS today, and then send in the defence form with your wording? Do I need to send anything to the claimants solicitors (ELLS & COLE)?

 

Do I need to write to the claimant and ask for any documents? essential documents like the CCA, the default notice and the assignment?

 

In the Particulars of the claim on the claim form, the following text has been entered:

"The Claimants claim against the defendant *MY NAME* the sum of 4,704.90 due under the following account:- ******/******** 4,704.90"

 

This seems a bit short and vague! with added court and solicitors fees, it comes to £4869.90

 

I am just unsure if I should ask them to prove the debt, as in my head I am sure it is statute barred, but I can not find a trail to prove it or not!

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Its entirely up to you but a SB defence is fatal and final to their SoC.I see no reason to warrant any further communication with the Claimant.

As to when you do it is again entirely your choice, you can do all today if you wish to put this matter to rest.

 

Best of luck and regards

 

Andy

We could do with some help from you.

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I've just checked back through my records and have found no reference to arrow or HSBC. I do have payments on a couple of debts in 2007 but I cannot track what they were for (the reference numbers don't match the claim). Would I be better off asking them to prove the debt in question rather than go straight in with the SB defence?

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You have time on your side so no harm requesting a summary of payments via a CPR 18 request in the meantime.

 

Regards

 

Andy

We could do with some help from you.

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So I should do the AoS and a CPR 18 request, and not submit a defence just yet?

 

What is the correct wording for a CPR 18 request? And do I send that to the claimants solicitors? Do I need to inform the court that I have submitted a request?

 

Sorry for all the questions, but never had to deal with any of this before!

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You have 28 days to submit the defence so yes just AoS for now and then do your CPR 18 request.

I will find an example for you shortly

 

Andy

We could do with some help from you.

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IN THE XXXXXXXXX

county court CLAIM NO:

Date xx xxxx 2012

 

 

BETWEEN:

 

 

 

XXXXXXXXXX

 

 

Claimant

 

 

 

and

 

 

 

XXXXXXXXXXX

 

 

 

 

 

Defendant

 

 

 

 

_________________________ _________________________ ___________________

 

 

CPR 18.1 REQUEST FOR FURTHER INFORMATION

 

 

_________________________ _________________________ ___________________

 

 

To: Claimant Name

 

Would you please provide me with the following information:

 

1. A summary of all balances and payments to the account you refer to.

 

2. A Breakdown of all figures involved in your claim and documents proving evidence of this breakdown.

 

 

If you would please provide the above information within 14 days of this request.

We could do with some help from you.

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And also do I need to put a date and return address on that letter? in the top right like when writing a normal letter? or keep it just to that exact template that is posted above? sorry for the stupid questions, just want to be sure I get it right.

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Thanks for that. Do I send that to the solicitors address via recorded delivery? I take it I print my name on it, and do not sign it? i will get that sent today.

Correct

 

And also do I need to put a date and return address on that letter? in the top right like when writing a normal letter? or keep it just to that exact template that is posted above? sorry for the stupid questions, just want to be sure I get it right.
Yes date it

 

Andy

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Sign it as well !!

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Ok, so this is what I will send to the solicitors:

 

My Address

My Address

My Address

Postcode

25th June 2012

IN THE XXXXXXX COUNTY COURT

CLAIM NO: XXXXXXXX

BETWEEN:

XXXXXXXXXXX

Claimant

 

and

 

XXXXXXXXXX

Defendant

 

_________________________ _________________________ ___________________

 

PART 18 REQUEST FOR FURTHER INFORMATION

_________________________ _________________________ ___________________

 

To: XXXXXXXXX (claimant)

 

Would you please provide me with the following information:

 

1. A summary of all balances and payments to the account you refer to.

 

2. A breakdown of all figures involved in your claim and documents proving evidence of this breakdown.

 

If you would please provide the above information within 14 days of this request.

XXXXXXX

25/06/2012

 

 

 

Is that right? and I sign it? I was under the impression never to sign anything.

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Ok to sign on this occasion as its an overdraft istanley.

 

Andy

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I think this is relating to a bank loan, not an overdraft.

 

 

" did have a HSBC account years ago, but nothing would have been paid on it or any activity for 8 or 9 years."

 

First time you have referred to it as a personal loan istanley if it is then you need to request a copy of the agreement also section 77 request.

 

Either way print your name and sign in an unique way (not your usual sig)

 

Andy

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Sorry about that, I used the term 'account' incorrectly, but it was when I had the HSBC account which was years ago.

 

 

So would this be correct to send:

IN THE XXXXXXXXX COUNTY COURT

CLAIM NO: XXXXXXXXXX

BETWEEN:

XXXXXXXX

Claimant

 

and

 

xxxxxxxxxxxxxx

Defendant

 

_________________________ _________________________ ___________________

 

 

PART 18 REQUEST FOR FURTHER INFORMATION

_________________________ _________________________ ___________________

 

To: XXXXXXXXX

Would you please provide me with the following information:

 

1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, 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. Further, that any general conditions incorporated in the contract should also be attached.

 

2 The deed of assignment.

3 The notice of assignment including proof of service.

4 The default notice.

 

5 The termination notice.

 

 

If you would please provide the above information within 14 days of this request.

MY NAME

25/06/2012

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No now you are mixing a CPR 18 with a CPR 31.14.

 

If you could just clarify if its a Personal loan or an Overdraft?

 

Andy

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Ok

 

Is this all that they have stated in the PoC? "The Claimants claim against the defendant *MY NAME* the sum of 4,704.90 due under the following account:- ******/******** 4,704.90"

 

Nothing more, Default Notices or Notice of assignment?

 

Andy

We could do with some help from you.

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CPR 18 as it was originally for information only. CPR 31.14 for any document referred to in their P.o.C and a separate section 77 for the agreement.

 

Andy

We could do with some help from you.

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