Arrows Default Judgement - HSBC Debt

[loub]

I have been away fro a few days and came home to a claim form for the northhampton county courts. i have no idea what the debt is for, just an idea but no proof for what it is for.

 

whats the next steps?

 

attached the form so u can see the particulars of claim

 

if you cant see the document properly let me know and i will try again

[loub]

right i have been researching across the site, i am assuming my response is to fill the acknowdgement of servise out, extend the time of the claim and request the documents needed to defend the claim.. i amalso assuming i need to request the regulated agreement, copy of credit aggreement and notice of assignment.. can someone tell me if i am right as i am paniking and to be honest i refuse to pay for a debt which i dont know about, if it comes to light i owe it then obviously i will go in a different direction.

 

I am also thinking that this debt is for HSBC charges on my current account, as they made me overdrawn by taking charges and if it is this then its 7 years old and maybe too old for them to be persueing but i dont know any of this untill they prove what the debt is for.

 

please help someone

[unclebulgaria67]

Yes you acknowledge the claim and that you will defend in full. Send them a request for the documents by recorded delivery. As the POC is pretty vague, I would suggest a part 18 request, probing what the debt is, whether they have proof of the debt being due e.g copy statements from HSBC, whether they have a copy of the original signed credit agreement for the HSBC account, whether they have a copy of the default notice issued by HSBC available for inspection, whether they have a copy of the assignment notice available for inspection. And in a separate letter enclosing the part 18 request, ask them for copies of all the documents that you require to defend the claim.

[Mike_hawk]

Hi loub

 

Try following this thread from page 9 http://www.consumeractiongroup.co.uk/forum/showthread.php?326767-CapOne-Case-Ive-Started...-CLAIM-FORM-NOW-ISSUED-By-Capone/page9 less the merger doctrine/fos stuff, its pretty much standard format for dislcosure etc.

 

In your case you should request the agreement, the default notice, transaction history, the notice of assignment and...... if you want to be cheeky, the deed of assignment

 

Also cca request to AG

[loub]

thanks for ur help, i will get onto doing the letters today, so stressful lol x

[loub]

hi all, hope someone can help.

 

in a previous thread i asked for advice on what to do bout a claimform being put against me,

the debt i wasnt sure of what it was for etc.

 

i sent the acknowledgment to the courts asking for the time to be extended to 28 days and i sent a written letter, which i have copies, to arrow global asking for documents in order to prepare my defence,

 

i received nothing from arrow and i received my judgement this morning ordering me to pay the debt in full within 14 days.

i feel this judgement has been wrongly placed and wish to take it further and defend this,  obviuosly if its proven the debt is rightfully mine and within the 6 years then i will arrange a suitable payment plan.

 

Any help is much appreciated

 

i sent the letters as advised above, i received nothing from arrow and had a judgement through the door today which i feel has been wrongly placed. any ideas of what to do next

[AndyOrch]

Did you plead a defence loub?

 

Regards

 

Andy

 

PS Threads merged please keep to one thread per claim.

[unclebulgaria67]

i sent the letters as advised above, i recieved nothing from arrow and had a judgement through the door today which i feel has been wrongly placed. any ideas of what to do next

 

Did you acknowledge the claim form online and that you would be defending ? If not, the court system has automatically given the CCJ by default. You therefore need to look at getting then CCJ set aside.

 

If you did acknowledge the claim form and that you would be defending, you had to submit a defence within 28 days of claim form. If you did not submit your defence then the CCJ may have been granted by default. Again you would need to set aside.

[loub]

i just sent the acknowledgement back as directed, i had no defence to put forward which is why i wrote to arrow asking for all the documents i need, as it coincided with xmas i thought things were just slow. courts must of issued by default then. i sent a copy of the letter i sent to arrow to the courts aswell saying that i was asking for documents for my defence.

 

am i better to write to them or shall i fone them aswell?

[AndyOrch]

Definition of Default Judgment

 

Once a claim has been issued the defendant has 14 days in which to respond. If within that time they file an acknowledgement of service they are entitled to a further 14 days to return their defence. The law states that, if the defendant does not file an acknowledgment of service or defence, the claimant is entitled to ask the court for a default judgment. A default judgment is, therefore, a judgment entered without a trial after the defendant’s failure to defend the claim.

 

Irregular Default Judgments

 

The law distinguishes between two types of default judgments: “regular” and “irregular” judgments. A default judgment will be irregular if it has been entered when:

 

• The defendant has filed an acknowledgement of service or a defence;

• The time for filing the acknowledgement or defence has not yet expired;

• The defendant has made an application to strike out the claim or for summary judgment;

• The defendant paid off the whole claim, including any costs and interest, before judgment was entered;

• The defendant has filed an admission to the debt and asked for time to pay.

 

A default judgment entered in any of these circumstances is not valid in law and the court must set it aside. Providing you have a defence with merit not that they Claimant has failed to respond to a CPR request

 

Regards

 

Andy

[loub]

still working on this case, could someone tell me where the templates are for the letter asking to set aside the ccj.

i am wondering whether to just pay it and ask for the forms where u set up a payment plan, i didnt realise its going to cost me £80 to have it set aside which i havent got for another 10 days and i need the ball rolling before that really.

 

any advice would be helpful

[AndyOrch]

There are no templates Loub, its an application N244 with the fee.Request to amend judgment payment to monthly is the N245 and fee (£45) please complete and include your I&E and proposed monthly payment.

 

Regards

 

Andy

[loub]

really confused as to what to do because if it is the debt i am thinking off i shouldnt have to pay anything as its too old to be chased.... if its hsbc current account they continued taking payments for the loan i had with them causing charges and for my account being over drawn, this happened back in 2005.

[AndyOrch]

Then you must consider set a side on that basis of it being Statute Barred.Could you be exempt from Court fees?

[loub]

okai i have the form for set aside, borrowing money from a mate.. so that sorted... just need a printer now lol.....anyway i am reading thru the guidance notes and question 10... what info will i be relying on, 3 options are.. witness statement , statement of case or written evidence. i have none of them, i requested the statement of case from the arrow and i have revieved nothing back, i have copies of the letters i sent and receipts of the recorded delivery as proof i have asked. so what do i do?

 

and got to print a form for setting aside court fees so thats sorted too ....somethings going right woop woop lol

[AndyOrch]

If you are 100% sure its Statute Barred then you wont need any info to rely upon.

[loub]

okai thanku andyorch for ur help x

[AndyOrch]

No problem Loub its also important to state what I have posted on post# 11 IE .... being an irregular Default Judgment because of your AoS but missed the defence deadline.

[loub]

hi, i am filling out the forms for the n244 and confused on question 9 and it doesnt give help in the guidance notes. its asking me 'who should be served with this application?'... is this the courts or arrow global?? help please

 

also i am filling out the fee remission forms, is the name of the claiment me and the defendant arrow global, really confused and the guidance notes dont explain enough for me to understand