Jump to content


  • Tweets

  • Posts

    • please answer the following questions.   1 Date of the infringement- 21/06/19   2 Date on the NTK [this must have been received within 14 days from the 'offence' date]- 12/07/19   3 Date received 15/07/19   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? N I can't see it   5 Is there any photographic evidence of the event? Yes a ANPR Camera showing arrival and exit but separate parking machine in car park not at gates    6 Have you appealed? Y Post up your appeal] I am waiting for a copy of my appeal but I have other emails sent i can send  Have you had a response? Y. Email was never sent as they stated on 29th July. Finally got the notice of regection sent by email on 3rd Oct.    7 Who is the parking company? National Car Parks Limited owned by Park24.co   8. Where exactly [carpark name and town] NCP, Terrace Road, Bournemouth    For either option, does it say which appeals body they operate under. Not on the letter but found on line its BPA   There are two official bodies, the BPA and the IAS. If you are unsure, BPA please check HERE   If you have received any other correspondence, please mention it here   in either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONL
    • Not much point in appealing. You paid for 4 hours and stayed for an extra 45 minutes. Goes to show what a bunch of crooks you are dealing with when you first appealed they delayed their response until you came liable for the higher charge and they wouldn't reduce that sum. From now on just ignore everything you get from NCP  and their unregulated debt collectors (birds of a feather). They will try to frighten you with increased costs  that you can safely ignore. In the  meantime please complete the questions asked by dx above and post up any PCNs so we can see if they got them right. Also we need to see their signs in the car park especially the one at the entrance; any that are different from the others and the T and Cs on the ticket machine. Before posting the PCNs please delete your name and reg. number plus anything else that might identify yourself.  
    • Don't forget ... the attorney general (Cox) who apparently advised 'misleading the Queen, Parliament and the British people as ' sounds good to me .. actually said they could ..   He doesn’t much like the idea of staying in the European customs union But said he would be willing to accept one if it would secure the goal of getting Britain out of the EU.    BUT He followed with “If we decided (meaningless distracting time suggestion) that we wanted to review our membership of any such customs union if we signed it – and I'm not saying we will – that's a matter for negotiation and discussion,”
    • Thanks dx   I have emailed the business and I have requested a refund on the form provided by them.   I have noticed on Saga.co.uk there is an article referring to the same website and a paragraph from another motorist who also received PCN for same journey at around same time as us.  'At the end of November 2018 I was travelling on the M 25 over the Dartford Bridge and returning the next day. So I went online the night before and thought I had paid for a return journey at a cost of £12. My Tesco MasterCard shows a payment of £12 to “DartfordCrossingCharge Bristol 000“. I have now had to pay £70 fine plus the correct charge of £5 because the official site did not get my money. There must be so many people being tricked by this false website , sowhy can it not be taken down? The Dart Crossing company isn’t interested. Perhaps because they are also making money from the [problem] every time someone like me makes a mistake?'
    • Hopefully a ditch will be a place of pilgrimage and historic national importance in the UK shortly ...   Off out with a shovel to pick a good spot and dig a trench by the side of the road about half way back from the local watering holes as an offering   ... Pick a good spot where I might get caught short on the way back every Friday night
  • Our picks

pattman

HSBC/SIGMA SPV1/HLLC - N1CPC advice please

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2263 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I'm hoping that somebody could advise me regarding a court claim form a friend received the other day.

 

The details are:

 

1. N1CPC claim form - Northampton County Court (County Court Bulk Centre)

2. Issue date - 26 November 2012

3. Claimant - Sigma SPV1 Limited

4. Address for sending documents and payments - HL Legal & Collections, Worcestershire B97 4DL.

 

5. Particulars of Claim - Monies due under an overdraft on current account number xxxxxx/xxxxxxxx between HSBC Bank PLC and the Defendant the benefit of which was assigned to the claimant on 21/12/2012. The overdraft terminated upon the Defendant(s) failure to comply with the terms of the overdraft agreement.

 

The Claimant seeks interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 1.72. Any payments or queries should be directed to the claimant on:01527 586594 (phone) or by email. (cannot post email links as new user)

 

6

a. Amount claimed - £7,8xx.xx

b. Court Fee - £190

c. Solicitor's costs - £100

d. Total amount - £8,1xx.xx

 

My friend went to his HSBC branch where he took out the overdraft, and said that the lady he spoke to explained that the overdraft/debt of £11,xxx.xx had been written off (he got nothing in writing though). He got a Duplicate Statement of Account from her, stating that the account was closed in May 2009. The account number on the statement matches the one in the Particular of Claims on N1CPC claim form.

 

My friend was under the impression that the debt had been written off, and is now unsure of the best way forward.

 

Any advice that I can give him would be really appreciated, thank you.

Share this post


Link to post
Share on other sites

Thread moved to Legal Issues in view of receipt of the court papers.

 

Your friend has strict time limits to adhere to.

 

Issue date is 26/11. Add 5 for service = 1/12. Add 14 to acknowledge = 15/12 and then a further 14 to submit a defence (if the friend is going to defend) = 29/12.

 

HSBC may well say the account was written off in their books because it was sold on to another party.

 

Your friend should check their credit file to see who actually owns the debt.

 

The more legally minded will be along to help further as soon as they are available.


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Share this post


Link to post
Share on other sites

Send a CPR 31.14 request HL Legal to get a copy of the overdraft agreement and notice of assignment from HSBC. See stickes in this forum for info on 31.14 letters. Make sure you understand and amend letter to suit circumstances.

Share this post


Link to post
Share on other sites
Thread moved to Legal Issues in view of receipt of the court papers.

 

Your friend has strict time limits to adhere to.

 

Issue date is 26/11. Add 5 for service = 1/12. Add 14 to acknowledge = 15/12 and then a further 14 to submit a defence (if the friend is going to defend) = 29/12.

 

HSBC may well say the account was written off in their books because it was sold on to another party.

 

Your friend should check their credit file to see who actually owns the debt.

 

The more legally minded will be along to help further as soon as they are available.

 

Many thanks ims21 for moving the thread to the correct subforum, and for your advice.

 

Originally posted by BlueBox

Send a CPR 31.14 request HL Legal to get a copy of the overdraft agreement and notice of assignment from HSBC. See stickes in this forum for info on 31.14 letters. Make sure you understand and amend letter to suit circumstances.

 

Thanks BlueBox, following your post I've just been to the stickies, copy and pasted the excellent letter by surfaceagenttx20 and will get that ammended, printed and sent out.

Edited by pattman

Share this post


Link to post
Share on other sites

You'll find the number for HL on the claim form is not correct to get to the right person if you want to follow up by phone. You will probably need 01527 586548.

Share this post


Link to post
Share on other sites

Hi Pattman and welcome to cAG

 

The CPR 31.14 in the stickys is incorrect for an Overdraft you really need to send this version if not too late:-

 

Originally Posted by andyorch

CPR 31.14 Request

 

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 The agreement/ Overdraft Facility conformation and Terms and Conditions from that date. 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 Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974

 

3 Notices of Sums in Arrears under running account credit CCA2006 sec 86C

 

4.Notice of Assignment

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.CPR 15.5

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

Send the above recorded delivery to their Sols and retain proof of postage.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thanks very much Andy, that's a big help and much appreciated. I'm seeing my friend tomorrow and will keep the thread updated with what happens, as well as maybe asking for more advice as the deadline gets closer.

 

Pattman

Share this post


Link to post
Share on other sites

Thanks again Andy for the template letter - I ammended the letter to suit and sent it on Tuesday 11 December by Royal Mail Sp. Delivery, and was delivered the next day before 1pm. Seven days have now passed and my friend confirms that there has been no response from HL Legal & Collections and am now unsure what to do next. My friend extended the time by 14 days, but with the Christmas holidays coming is unsure of the deadline. Any advice from forum members on the best way forward now that HL Legal & Collections haven't responded would be really appreciated.

 

Thanks

Pattman

 

Hi Pattman and welcome to cAG

 

The CPR 31.14 in the stickys is incorrect for an Overdraft you really need to send this version if not too late:-

 

Originally Posted by andyorch

CPR 31.14 Request

 

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 The agreement/ Overdraft Facility conformation and Terms and Conditions from that date. 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 Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974

 

3 Notices of Sums in Arrears under running account credit CCA2006 sec 86C

 

4.Notice of Assignment

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.CPR 15.5

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

Send the above recorded delivery to their Sols and retain proof of postage.

 

Regards

 

Andy

Share this post


Link to post
Share on other sites

Just to update the thread and hope that somebody can advise on the best way forward now - my friend received a letter from HL & Legal today (28.12.12), dated 24 December, acknowledging receipt of the letter and asking/agreeing for an extra 14 days to produce the requested documentation. The deadline for the defence is tomorrow, and am unsure what to advise now, either:

 

1. Enter defense online and highlight the fact that HL&L didn't respond with the required 7 days.

2. Enter defense online and explain that HL&L have responded and are asking for 14 day extension (must they also contact the court to update them on claim?)

3. Wait to hear from HL & L, but therefore miss the defence deadline (I don't know the implications of missing the deadline).

 

Thanks for any advice, Pattman.

Share this post


Link to post
Share on other sites

pattman

what exactly was agreed re this 14 day extension? need to know this. and did you send confirmation of any extension to the court? should do so.

usually, to avoid any ambiguity, an exact specified date is required to be agreed regarding an extension to the deadline for filing a defence as per civil procedure rule 15.5. whether the court accepts what you have been sent, i don't know.

otherwise, would need to submit a defence online in time to avoid poss them applying for judgment against in absence of a defence.

Edited by Ford

IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

Thankyou Ford - my friend only received the letter today (returned home at 4pm to find letter) and I haven't seen it yet, but when reading the content of the letter to me, there was no mention of a definite extension date, just 14 days. My worry is due to the holidays, and tomorrow being Saturday that there is nobody at the Northampton CC to contact anyway. I called the court earlier today, before I knew that my friend had recieved the letter from HL&L, but it was all automated and having followed the choices, was just told to read what's on the website and then was cut off..but on the website there is no mention of delays through bank holidays etc.

I'm meeting my friend tomorrow morning to discuss what to do, and am grateful of any more help on what todo tomorrow re. the deadline. Thanks pattman.

 

pattman

what exactly was agreed re this 14 day extension? need to know this. and did you send confirmation of any extension to the court? should do so.

usually, to avoid any ambiguity, an exact specified date is required to be agreed regarding an extension to the deadline for filing a defence as per civil procedure rule 15.5. whether the court accepts what you have been sent, i don't know.

otherwise, would need to submit a defence online in time to avoid poss them applying for judgment in absence.

Share this post


Link to post
Share on other sites

I've just met my friend - this is the content of the letter:

 

Dear Sir

 

Sigma SPV1 Limited - v - Yourself

Claim No: xxxxxxxx

 

We refer to the above matter and acknowledge receipt of your CPR 31.14 Request dated 11 December 2012.

 

We are currently in the process of obtaining copies of the documents you have requested from our Client and hope to be in a position to provide these to you shortly. On this basis we are agreeable to an extension of time for the filing of your Defence to 14 days after receipt of these documents.

 

Yours faithfully

HL Solicitors

 

 

Any help as to whether he should submit his defence today (deadline is 29.12.2012), and if so, with the information given, how it should be worded would be great.

Share this post


Link to post
Share on other sites

their extension agreement is abit vague.

the 15.5 rule i mentioned allows for an agreed extension up to 28 days from the original defence deadline, and usually a specific date would be required, and then for the defendant to advise the court accordingly. i don't know if/how the court would accept what they have sent? what if you receive the docs in 20 days time for eg?

have flagged your thread for some more input if poss (is a weekend, so might not be anyone around)

otherwise, have a read around threads re types of defences used in similar circumstances where no requested documents have been received in time and edit to suit your circumstances. as post #6 etc

Edited by Ford

IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

Thanks - I'm reading HSBC/Sigma threads atm (also re. defence), but as today is the deadline am really at a loss what to advise my friend to do.

 

Will the fact that they have agreed to an extension of 14 days from friends receipt of requested documents buy time re. defence, or is that just tactics..sending out a letter to arrive one day before defence deadline in the hope that one isn't submitted and strengthening their claim?

 

I appreciate you replies/help thanks, and the fact that it's a weekend and many people are not online.

 

pattman

Share this post


Link to post
Share on other sites
Thanks - I'm reading HSBC/Sigma threads atm (also re. defence), but as today is the deadline am really at a loss what to advise my friend to do.

 

Will the fact that they have agreed to an extension of 14 days from friends receipt of requested documents buy time re. defence, or is that just tactics..sending out a letter to arrive one day before defence deadline in the hope that one isn't submitted and strengthening their claim?

 

I appreciate you replies/help thanks, and the fact that it's a weekend and many people are not online.

 

pattman

 

Your friend ought to send a copy of the Claimant's letter of agreement to extend filing of Defence to the Court on Monday (30/12/12) - email or fax the same and refer the Court Manager to CPR Pt 15 r.15.5(2) in this respect.

 

Further, advise your friend to email the Claimant's Sols on Monday and request a date from them for service of requested docs.

 

Kind regards

 

The Mould

Share this post


Link to post
Share on other sites

By the way Pattman

 

On what grounds does your friend intend to Defend the claim?

 

Kind regards

 

The Mould

Share this post


Link to post
Share on other sites

I think I agree with the Mould - you should email the letter from HL Legal to the court - unfortunately you are not going to be able to telephone them until Monday. But you must do this to confirm that they have acknowledged the extension.

 

Head your email attachment with your Claim number.

 

Include in the body of the email, something like..

 

In accordance with CPR15.5 - the Claimant has written agreeing to an extension of time in order that they might provide the documents that I requested under CPR31.14.

 

This confirmation of extension was only received by me on 29th December.

 

You should also copy this to HL Legal.

 

Meanwhile, I will try and attract the attention of others on the site team.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Thank you The Mould.

 

That's good advice and will get that emailed or faxed to the Court Manager on Monday. Just a side note, I have all the login details (MCOL no., Gov. Gateway ID no., postcode, email, claim no. & password on claim form and can't login..keet getting the same message:

We are unable to find this user. Please contact the help desk.

 

I saved all login details when registering (incl. Gateway User ID as pdf) so that's frustrating - is there a separate email address/fax no. that I can send the letter to?

 

My friend intends to defend the claim on the grounds that the account in question (including overdraft) was closed in May 2009, and was told the any outstanding amount had been written off. He was also told the same when at the bank some weeks ago to query account and get printed statement of history/timeline of account - that any debt had been written off (although has nothing in writing from HBSC confirming that).

Share this post


Link to post
Share on other sites

Thanks citizenB, more great advice and will do that too...now just need to find the 'donate' button for this site, thanks.

Share this post


Link to post
Share on other sites

“My friend went to his HSBCbranch where he took out the overdraft, and said that the lady he spoke toexplained that the overdraft/debt of £11,xxx.xx had been written off (he gotnothing in writing though). He got a Duplicate Statement of Account from her,stating that the account was closed in May 2009. The account number on thestatement matches the one in the Particular of Claims on N1CPC claim form”.

Theabove-mentioned “Duplicate Statement ofAccount” is documentary evidence (an Exhibit) for your friend to rely uponin his Defence. Did the Bank give anyreason for writing off the overdraft/debt of £11k+?

Wasthere any correspondence from the Bank prior to the write-off and closing ofaccount?

“My friend intends to defend theclaim on the grounds that the account in question (including overdraft ) was closed in May2009, and was told the any outstanding amount had been written off. He was alsotold the same when at the bank some weeks ago to query account and get printedstatement of history/timeline of account - that any debt had been written off(although has nothing in writing from HBSC confirming that)”.

It wouldbe a good idea for your friend to obtain a copy of his credit files from all 3credit reference agencies – Call Credit, Experian & Equifax – any record ofthe Bank overdraft will be recorded therein and may provide further evidence tosupport his Defence.

Kindregards

TheMould

Share this post


Link to post
Share on other sites

Pattman

 

Can you provide any further details on this matter on behalf of your friend? Such as; did he receive any correspondence from the Bank between May 2009 to 26 November 2012 - date of issuance of the proceedings?

 

As has been mentioned in an earlier post here, the phase "written-off" used by the Banks does not necessarily mean "discharged of indebtness" and so your friend needs to go through all paperwork received on this from the Bank because it is highly unlikely that the Bank would have left the matter unattended to for a period of over 3 and a half years (no offence intended against you or your friend).

 

Defending overdraft debts is incredibily difficult, so make sure that your friend knows this as without a valid Defence, he will only increase his liability.

 

Kind regards

 

The Mould

Share this post


Link to post
Share on other sites
Just to update the thread and hope that somebody can advise on the best way forward now - my friend received a letter from HL & Legal today (28.12.12), dated 24 December, acknowledging receipt of the letter and asking/agreeing for an extra 14 days to produce the requested documentation. The deadline for the defence is tomorrow, and am unsure what to advise now, either:

 

1. Enter defense online and highlight the fact that HL&L didn't respond with the required 7 days.

2. Enter defense online and explain that HL&L have responded and are asking for 14 day extension (must they also contact the court to update them on claim?)

3. Wait to hear from HL & L, but therefore miss the defence deadline (I don't know the implications of missing the deadline).

 

Thanks for any advice, Pattman.

 

Hi Pattman,

 

Im in a similar situation, just wanted to check what you/friend did...did you file a defence or what happened.

 

thanks

 

erahman

Share this post


Link to post
Share on other sites

I wanted to update the thread as I have been away for several months, and my friend decided to wait on the letter he received. He recieved a 2nd letter from HL Legal on 7/2/2013:

 

Dear Sir

 

Sigma SPV1 Limited - v - Yourself

Claim No: xxxxxxxx

 

We refer to the above matter.

 

Please find enclosed copies of the following:

 

1. Letter from HSBC to you dated 10 January 2012

2. Letter from Sigma Red Limited to you dated 10 January 2012

3. Letter from Sigma Red Limited to you dated 23 January 2012

 

Please note that as the overdraft relates to a Current Account, an Agreement would not be applicable.

 

We are currently awaiting further documentation from our Client and shall forward this to you in due course.

 

Yours faithfully

HL Solicitors

 

 

 

My friend is adamant that there wasn't a letter from HSBC enclosed in the envelope as stated in the letter, and there has been no contact from HL Legal since that letter.

My friend checked his credit report with CallCredit (Noddle), and it shows a default of over £11,3xx, and the default date xx/05/2009 - the lender is shown as Sigma Red.

 

As HL Legal haven't produced the requested documents, is it possible to write to the court to close the claim and have the default removed from the credit file? Thanks

Share this post


Link to post
Share on other sites

Hi Pattman

 

As this is an overdraft there will be little to disclose by way of documentation...therefore the claim is stayed. You can either leave the claim stayed or make application to the court to force them to proceed.

Either way the default will not be removed from the CRAs until it expires on its 6th Anniversary...that will remain because of the default and debt out standing and must remain in line with the ICO guidelines.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thanks Andy - sorry to be so dense, but as the case is stayed as you say, can the claimant re-start the claim if they found a document that has been requested?

I understand (and agree) that as he defaulted on the original credit agreement, that the default should stay on CRA's records for the normal 6 years. Is there a way to get the claim struck off by the court now that claimant haven't produced documents on time as requested? Thanks Pattman

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...