Claimforn Restons/marlin - HSBC 'managed loan' debt***Claim Discontinued***

[gnarl]

Hi Guys

 

Im looking for some advice.

 

I received a court claim from Northampton county court from Restons on behalf of Marlin.

 

I completed the acknowledgement of service and request evidence from Restons which never came.

 

I completed a defence based on I cant defend without see any evidence. The case is now stayed as reston's have not contacted the court.

 

Reston's have now sent me a statement of account and it would seem the original lender has transferred the debt from a credit card, loan and current account into a seperate account and sold the debt.

 

Restons have also invited me to withdraw my defence as they feel my defence has little chance of success.

 

I'm not sure what steps I should be taking now. Should I now be writing asking for copies of the CCA for the loan and credit card?

 

Any advice would be really appreciated.

 

Many thanks

 

Gnarl

[theoldrouge]

Standard response from restons in order to discourage you from continuing

 

It would help if you gave full details of the debts, oc etc

 

The claim poc and the defence you submitted

[gnarl]

Hi thanks for the reply

 

More details below

 

The particulars of the claim read

 

Claimant claims payment of the overdue balance from the defendant

under a contract between the defendant and HSBC Plc dated on or about the 27.01.2005

and assigned to the claimant on 20/2/2013 in the sum of £xxxx.xx

 

19.05.2014 default balance £xxxx.xx

Defence I've submitted via MCOL

 

1. The Defendant avers that the Claimants pleadings are an abuse of process.

The Claimants pleadings are lacking detail, there are no details as to what the debt relates excepting that the original debt is alleged to be owed to HSBC Bank.

 

2. The Particulars of Claim do not specify the type of account or give any reference number to assist the Defendant identifying the account.

The particulars of claim appear to only relate to a single contract between himself and HSBC

with an inception date of 27th January 2005 and the Defendant does not hold any records from that period.

 

3. The Defendant believes the claim may relate to a Loan and/or a Bank Account overdraft

however is not aware of any remaining debt owed on either account.

 

The Defendant was participating in a Debt Management Plan until October 2009

and believes this claim may relate to a debt included within that plan.

The Defendant recalls that he had an overdraft of approximately five hundred pounds prior

to closure of the account and entry into a Debt Management Plan.

 

4. Due to the confusion as to what the claim relates,

the Defendant has requested further information from the Claimants.

 

The Defendant requested this information on 5th August 2014 as under CPR 31.14

and requested a copy of the agreement/contract, default notice and notice of assignment

 

The Claimant has not supplied any documentation to the Defendant.

 

The Claimants statement of case mentions the contract,

the date of assignment and the default balance and date of default.

 

5. The Defendant has also formally requested on 5th August 2014 a copy of any Consumer Credit Agreement

applicable to the claim under section 77-79 of the Consumer Credit Act 1974.

 

The Claimant has not supplied any documentation in response to this request.

 

6. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim,

a defendant shall be taken to require that any allegation relating to the amount of money claimed

be proved unless he expressly admits the allegation.

Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

 

7. The Defendant would prefer to sort any outstanding debt out if any exists

but feels unable to as the Claimants have not identified the account/s their Claim is based upon so is unable to plead effectively.

 

7. The Defendant denies the Claimant is entitled to the relief as claimed.

 

Accordingly, the Defendant avers that

 

9. The Claimant has failed to plead properly in this matter

 

10. Therefore, the Claimants Claim should be dismissed.

 

11. In the alternative, should the Claimant evidence their claim properly the Defendant reserves the right to plead further and the Claimant bear the costs.

 

Statement of Truth

 

The Defendant believes that the facts stated in this Defence are true.

 

Signed

 

 

Dated

 

I've attached the latest letter from Restons which confirms the original account's were closed

and all debt transferred to a single account.

Accounts were current account, loan and credit card.

 

They've not provided the CCA's for the credit card or loan.

 

I'm not sure what next steps I should take.

 

Should I now write to them thanking them for the documents

and advising that as they've confirmed the majority of the claim is for a Loan & credit card could they now provided the CCA's for these?

 

Thanks

 

Gnarl

Edited October 26, 2014 by gnarl

[dx100uk]

urm sounds like the HSBC 'managed loan' syndrome, where they merge it all into a loan then sell it on?

 

 

dx

[gnarl]

Any recommendations on what I should do next?

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?413001-MKDP-LLP-claim-form-for-a-managed-HSBC-loan-but-say-its-a-bank-account&highlight=hsbc

[gnarl]

Hi

 

I've read through the thread and I'm still confused what I need to do in response to the letter from Restons.

 

Do I just clarify my position and that I will not be withdrawing my defence and confirming as there letter now confirm that the debt was oringally composed of Bank Account, Loan and Credit card then I still request copies of the original CCA's?

 

Any help would be appreciated.

[dx100uk]

no you don't

 

 

is it a managed loan do you know?

[gnarl]

Hi

 

I'm not 100% sure.

 

My defence stated that I had no information regarding the account reference number in the POC.

 

Restons have now confirmed that the account was charged off and tranferred to their debt collection dept and given a new account reference number.

 

The overdraft I orginally had was a maximum £500 and the statement of account they have provided shows a balance of approx £400. There are 2 other transactions on the form one is a credit card balance and the other a loan balance transferred to the new account.

 

It would seem they have transferred all debt onto this new account.

 

I was not aware this had happened until they had recently sent me the statement of account.

 

When I originally received the claim form I thought it was for a credit card because of the balance. I sent CCA request and they replied advising it was for a current account.

 

I was not aware they could transfer CCA regulated loans/credit card into a non CCA regulated account.

 

I now don't know what I should do next in reply to the letter from Restons

 

Any advice would be appreciate

 

Thanks

 

Gnarl

[AndyOrch]

" I now don't know what I should do next in reply to the letter from Restons "

 

Ignore it and wait to see if they can comply with your CCA requests

[gnarl]

Thanks

 

I originally sent a CCA request when I received the claim form and they replied advising they could not send a copy of the CCA as it was for a bank current account.

 

I'll just sit tight and see what happens

 

Thanks

 

Gnarl

[AndyOrch]

Well you know better and that is is an amalgamated debt which mostly consists of CCA regulated agreements...therfore they would state that...its the easy option.

[gnarl]

Hi Guys

 

I'm looking for some advice

 

I received a claim form in July and acknowledged service and sent of CPR/CCA requests.

 

After many letters and information being exchanged

it turns out the claim amount was for a credit card, loan and bank account that had been merged into one account.

 

They still have not produced CCA's for the loan and credit card portion of the debt

and these are the majority of the debt with the bank account be a very small amount in comparison.

 

The last letter I sent them was that I would be defending the claim as in my opinion the debt was not enforceable

if they could not provide copies of the CCA's.

 

 

I have not heard anything from them since the end of November and the court case has now been stayed for over 4 months.

 

I'm not sure what I should do next

 

 

should I do nothing, apply for an unless order or apply for strike out.

 

Thanks

 

Gnarl

[dx100uk]

old and new threads merged please keep to one thread per claim

 

 

dx

[dx100uk]

the case is stayed

 

 

IMHO you do nothing.

 

 

dx

[gnarl]

Thanks DX

 

Sorry about starting a new thread.

 

That was my gut feeling to do nothing.

 

The fact is the majority of the money they are claiming is for a loan/CC covered under the CCA.

 

They have not provided agreement for these elements and that the situation were in at the moment and the case has been stayed for 4+ months.

 

Gnarl

[gnarl]

New letter today received from Restons some months later (I'll scan it in later as not got access to a scanner at the moment)

 

The gist of the letter is I've requested a copy of the consumer credit agreements for the loan and credit card.

 

 

The letter from Reston's explains that as the debt they chasing is for a current account then it's not covered by the consumer credit act.

The statement they have previously supplied clearly shows a loan and credit card and bank account were amalgamated into this "current account".

I would never had agreed to this.

 

The final paragraph goes onto say they are waiting for copies of the default notices from the creditor and will be in touch.

 

Sounds like a load of rubbish to me.

My understanding is they only had to provide default notices if the contract was covered by the consumer credit act.

So they are waiting for default notices for an account they are saying is not covered by the consumer credit act.

 

Should I respond to this or just ignore it?

 

Thanks

 

Gnarl

[AndyOrch]

Ignore it...they are acting dumb (isn't difficult)

[gnarl]

Thanks andyorch ain't heard off them for months! That was my gut feeling there just chancing it

[gnarl]

Hi Guys

 

Quick update!

 

Received letter letter from Reston's today confirming they are discontinuing claim with a notice of discontinuance attached

 

Thanks to everyone that helped me with this I really appreciate it

[dx100uk]

give it a few days and check with the court

 

 

dx

 

 

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You could help by making a money contribution to http://www.consumeractiongroup.co.uk/paypal.php?go=donate

[AndyOrch]

Hi Guys

 

Quick update!

 

Received letter letter from Reston's today confirming they are discontinuing claim with a notice of discontinuance attached

 

Thanks to everyone that helped me with this I really appreciate it

 

Excellent gnarl........

 

Thread title amended to reflect the outcome of the claim.

 

Well done....

 

Andy