Overdraft sold debt passed to Northampton CCBC

[GLoyal]

Good afternoon,

 

A long time ago I tried to claim unfair bank charges from the BOS.I left the bank before I started the process and moved to Nationwide and have been with them and them only since 2006.

 

They sold the overdrawn accounts debt I had on and I have been chased by connaugt and 1ST CREDIT (Finance) 5 Ltd and then to 1st Credit Finance Ltd.

 

I have now been sent a Calim form from them by Northampton (ccbc).The Particulars are:The claimant claims £****.02 for debt and interest.

 

The defendant was granted an overdraft facility from **/**/1995 with Bank of Scotland PLC under A/C No. ******************.

 

Bank of Scotland PLC demanded payment at that time.The account fell into default on 25/11/2008 with a balance of £****.39

 

On **/07/2012 the debt of £****.39 was assigned to 1st Credit (Finance) 5 ltd.on **/11/2012 The company changedits name to CAI Finance ltd and assigned the debt on **/06/2013 to 1st Credit (fINANCE) ltd.

 

Notices of Assignment were sent to the defendant in compliance with s136 Law of Property Act 1925.AND THE CLAIMANT CLAIMS1.

 

The sum of £****.392. Statutory Interest of £***.** pursuant to s69 County Courts act 1984 at a rate of 8% per annum from **/07/2012 to **/12/2013, and thereafter at a daily rate of 0.37 untill Judgement or sooner payment.

 

The charges on this account were nearly £3000.I have only ever replied to 1st credit in all their guises stating that the debt should never have been transferred as I was in dispute with the Bank of Scotland over the debt.

 

Can someone please help or advise me what to do next?

Edited December 19, 2013 by honeybee13
Spacing.

[GLoyal]

Apologies about the formatting.

[honeybee13]

Hello there.

 

I'll put in some paragraphs for you. You could try hitting the return key twice instead of once, that sometimes helps.

 

In amongst what you said, did you tell us the date the claim was issued please? Top right on the form.

 

HB

[GLoyal]

Hello there.

 

I'll put in some paragraphs for you. You could try hitting the return key twice instead of once, that sometimes helps.

 

In amongst what you said, did you tell us the date the claim was issued please? Top right on the form.

 

HB

 

Thank you.Issued on the 16th of December.

I have registered on the MCOL site.I'm not sure if I can counter claim my bank charges from Ist Credit, or what to do next.

[mjt2013]

There's nothing to prevent a debt being assigned when it is in dispute.

[GLoyal]

There's nothing to prevent a debt being assigned when it is in dispute.

 

Does that prevent me counter-claiming though, as 1st credit didn't apply the charges I was disputing?

[mjt2013]

You can counterclaim up to the value of the claim, you can't claim any excess from the Claimant because that would have to be dealt with by the original creditor.

[GLoyal]

Is there anything I need to be armed with to counter-claim?What are the next steps?Is it a pointless excercise?Also, there is a fee to counter-claim, is it a fixed fee or a percentage of the claim?

[mjt2013]

If you counterclaim you have the same obligations in respect of your counterclaim as the Claimant does with the main claim so you will have to be able to prove your counterclaim with evidence on the balance of probabilities. It's certainly not a pointless exercise but naturally whether you win or not remains to be seen.

 

In terms of fees I think you will have to pay a flat fee, which should be referred to in the documents you have from the court, unless you are on certain benefits so can get a fee remission.

[GLoyal]

No benefits. My dispute is the bank started planting bank charges on top of bank charges, sometimes four in three days, then they upped the amount of charges, then started applying random amounts.Here is just a small section of the charges to show the variation...................................................................................................£20.00 £20.00 £20.00 £28.00 £30.00 £35.00 £35.00 £93.00 £35.00 £30.00 £30.00 £63.00 £30.00 £100.00 £30.00 £28.00 £35.00 £28.00 £35.00 £35.00 £70.00 £35.00 £35.00 £70.00 £35.00 £35.00 £35.00

[mjt2013]

You may want to firstly check the statements against your terms and conditions to see if the charges have at least some basis in the contract or whether they really are random.

[GLoyal]

You may want to firstly check the statements against your terms and conditions to see if the charges have at least some basis in the contract or whether they really are random.

 

They were just listed as bank charges.

 

I have not used this bank account for nearly 8 years.

The debt has been moved from one dca to another. Should I register a notice of service or a defense on MCOL now?

 

 

 

...........Not sure how all that works to be honest or if I have any chance of defending against this debt.

Edited December 20, 2013 by GLoyal

[GLoyal]

On the plus side.

 

Changing the default text editor on here has given me some paragraphs back.

[AndyOrch]

They were just listed as bank charges.

 

I have not used this bank account for nearly 8 years.

The debt has been moved from one dca to another. Should I register a notice of service or a defense on MCOL now?

 

 

 

...........Not sure how all that works to be honest or if I have any chance of defending against this debt.

 

 

 

 

Would it not be statute barred then?

 

 

Does it appear on your credit register files?

 

 

Regards

 

 

Andy

[mjt2013]

Yes, yes it would.

[GLoyal]

Would it no be statute barred then?

 

 

Does it appear on your credit register files?

 

 

Regards

 

 

Andy

 

No, Nothing shows on my credit file.

The account was opened in Scotland, but I then moved to England where I now reside.

Not sure if the difference in law would affect this.

 

How should I respond to MCOL?

 

It asks for

"Please state your defence in a maximum of 122 lines in the box below.*"

Edited December 23, 2013 by GLoyal

[AndyOrch]

No, Nothing shows on my credit file.

The account was opened in Scotland, but I then moved to England where I now reside.

Not sure if the difference in law would affect this. That would make it 5 years and is now Statute Barred.

How should I respond to MCOL? You must submit the Statute Barred defence on time

It asks for

"Please state your defence in a maximum of 122 lines in the box below.*"

 

 

Regards

Andy

[mjt2013]

You may wish to consider contesting jurisdiction if this is a Scottish contract.

[GLoyal]

Regards

Andy

 

Many thanks Andy (and everyone else.)

 

I have been suspicious of their timing on this one.

The cynic in me thinks 14 days before the end of the year is timed to attempt the issue to slip.

 

I have submitted defense under Statute Barred.

 

The entirety of the alleged debt was made of charges and caused by those charges.

The demand was before the 26th of June 2007, so outwith 6 years since I had any payments or acknowledgement.

 

We will see what the new year brings.

[GLoyal]

You may wish to consider contesting jurisdiction if this is a Scottish contract.

 

I have no contract, it was an overdraft hammered by bank charges.

 

I have used another bank for over 8 years, and never accepted that the alleged debt was lawfull as it was made up of these charges.

 

I've put in the statute barred defense now and saved it.

 

What are the next likely outcome/actions?

[AndyOrch]

Steer clear of jurisdiction defence...it wont be required. They have 28 days to respond to your defence or the claim is stayed. If they do respond then it will transferred to your local county court....we can deal with that if and when.

[GLoyal]

I have my court date in now.

 

This falls on a date where I am unable to attend due to annual leave not being granted.

Is this a valid reason?

 

I have called the court and informed them and they advised me to send in an email and put on why I cannot attend and what my defence will be based on.

 

 

How would I make sure this is subject to Scottish law (5 years) and not English Law (6 years)?

 

Would I be better employing a lawyer?

[AndyOrch]

I would advise attending at any cost...purely to present your defence. Its really for the court to decide if your reason for none attendance is valid.

 

 

If you could update with what has transpired since you submitted your defence and any response and your reasoning for questioning whether Scottish law is applicable?

 

 

Regards

 

Andy

[GLoyal]

I have received a pack from the claimant listing the activity on the account.

Their case states there was a payment into the account in February 2008. This was my last salary before I changed to my current bank.

My reasoning would be that this would be statute barred in Scotland, but not in England. 5 years or 6 years.

 

They have included bank statements from 2005.

Also, extracts from the banks terms and conditions regarding Bank Charges and Interest.

 

The Branch Address is still in Scotland, I never changed Branches.

The interest is listed at 0%, although the account is littered with Interest debits.

The charges do not line up with the guidlines listed. ie They state £30 charges, yet they were charging £39, £73, £100, £20, £28, £30, £39 which was what I disagreed with.

 

I will post up the wording of the letter later.

 

Thanks

[AndyOrch]

If you could I would like to see any reference if any to your claim it is statute barred.