1st credit claimform - HSBC Credit Card 'debt' - WS stage help please

[mumof3]

Hello,

 

I am in the middle of a claim that is going to my local court in April.

 

 

I am prepping my witness statement

but have few questions that I hope someone may be able to help me with.

(So i don't get confused could you answer along side the question,

please. there is just so much info at times )

 

 

The questions are:

 

1st Credit have NOT sent me a default notice (as requested under CPR 31.14). Can you remind where this breaches the CCA 74, please?

 

1st credit submitted a letter (dated 17.09.14) from HSBC saying the account has been sold. Would a judge consider this a NOA?

 

HSBC confirmed in a telephone call they did NOT send a letter dated 17.09.14.

Can this be considered fraud? If yes, under what Act/Law/Civil Rule? if no, do you know why?

 

The terms and conditions submitted by 1st Credit (under CPR 31.14 request) is dated 2009. The signature is 2006. Should i request they send me the terms from 2006 relevant to the agreement? Is their failure to send the correct terms in breach of Consumer Credit Act? if yes, which part?

 

Finally,

 

they have sent me 'statements' with NO IDENTFYING features, ie no name, no account number (only the address). Is this in breach of CCA '74? if yes, which part. Should the statements be on HSBC headed paper?

 

cheers

[citizenB]

If they have not sent the terms and conditions that were "supposedly" provided to you at the time of entering into the agreement.. in this case 2006 then they have not complied with your CCA request.

 

 

Did HSBC advise whether or not they had EVER sent a Notice of Assignment to you ? It is my understanding that either company can provide the NOA, as long as it is done. However, if 1st Credit are saying that HSBC sent the letter when they didn't.. ? I am not sure how that helps you.

 

 

Default Notice - Although this is a statutory document and is required to be sent by the Original Creditor, it is a templated letter so it is unlikely a copy would have been kept. There should however, be a record of this on the daily communication log held by HSBC. Are you denying that one was ever received?

 

 

I would have thought that they would need to supply statements that identified the account - statements are another statutory requirement - I would hope that a Judge would confirm that figures typed on plain paper.

 

 

I will try and find someone who can provide more advice for you.

[dx100uk]

can you fill this out please

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

The questions are:

 

1st Credit have NOT sent me a default notice (as requested under CPR 31.14).

Can you remind where this breaches the CCA 74, please? -

 

nicked from andyorch,,,

Default notices, litigation and section 127(3) of the Consumer Credit Act July 2010

.

For a creditor to enforce a credit agreement against the debtor,

he must serve the latter with a default notice,

this notice must be served in accordance with section 88 of the Consumer Credit Act 1974 (CCA).

.

Generally, the prescribed form of a default notice according section 88 is as follows:

.

"The default notice must be in the prescribed form and specify

.

(a) the nature of the alleged breach;

(b) if the breach is capable of remedy, what action is required to remedy it

and the date before which that action is to be taken;

© if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach,

and the date before which it is to be paid."

.

Section 127(3) of the Consumer Credit Act 1974

.

Should the debtor be sued for the outstanding amount,

it may be open to the debtor to raise an argument that the agreement is unenforceable

because it does not comply with the requirements of the Consumer Credit (Agreements) Regulations.

.

Agreements executed before 6 April 2007 are subject to sections 127 (3) & (4) of the Consumer Credit Act 1974 ('CCA').

Agreements entered into after that date are not by operation of the repeal under the Consumer Credit Act 2006.

.

The effect of sections 127 (3) & (4) truly displays the paternalistic nature of the CCA, in that where a breach of a prescribed term under regulation 6 and schedule 6 to the Consumer Credit (Agreements) Regulations 1983 is found, the agreement as a whole will be irredeemably unenforceable.

.

In other words, the lender cannot enforce the agreement or realise any surety under that agreement; the debt in effect is written off.

Regards

Andy

 

1st credit submitted a letter (dated 17.09.14) from HSBC saying the account has been sold. Would a judge consider this a NOA?

HSBC confirmed in a telephone call they did NOT send a letter dated 17.09.14.

Can this be considered fraud? If yes, under what Act/Law/Civil Rule? if no, do you know why?

- I would think it should be ok

don't forget the debt buyer can send the letter using the OC's letterhead.

no not fraud.

 

The terms and conditions submitted by 1st Credit (under CPR 31.14 request) is dated 2009.

The signature is 2006.

Should i request they send me the terms from 2006 relevant to the agreement?

Is their failure to send the correct terms in breach of Consumer Credit Act? if yes, which part?

 

they need to send t&c's fro the time of takeout and any major changes

 

Finally,

 

they have sent me 'statements' with NO IDENTFYING features, ie no name, no account number (only the address).

Is this in breach of CCA '74? if yes, which part. Should the statements be on HSBC headed paper?

useless then!

 

who is the clamant can you fill that link out please

 

dx

[ThedaBara]

Hello... I think you would need HSBC to confirm in writing that they have not sent the letter.

 

.. Avoid phone calls if you need to provide something as evidence to be used at court...

 

The statements sound very suspect...TB

[dx100uk]

as said HSBC don't need to send the letter

the debt purchaser can do so on their behalf

[mumof3]

Name of the Claimant ? 1ST CREDIT (FINANCE) LIMITED

Date of issue –. PLEASE NOTE: I HAVE ALREADY RESPONDED TO THE CLAIM AND HAVE A COURT DATE FOR APRIL.

I NEED TO SUBMIT MY WITNESS STATEMENT BY FEB 3RD 2016 (2 WEEKS) HENCE MY CONTACTING THIS FORUM.

 

What is the claim for

on 12/1/2007 the defendant entered into an agreement for the credit card with the original creditor under ref no: 54...................800/ .

on 28/08/2010 the defendant defaulted on the agreement with outstanding balance of 1560.

on 04/09/2014 the debt was assigned to 1st credit finance in the sum of 1383 by the creditor.

statutory notices of assignment was sent to the defendant. and

the claimant claims

1. the sum of 1485

2 statutory interest pursuant to s.69 county courts act 1984 at 8% per annum from 4/09/2014 until judgement or sooner payment

the claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% from 04/09/2014 to 14/08/2015

on 1383 and alos interest at the same rate from the date of judgement or earlier payment at a daily rate of 0.30

change please

 

What is the value of the claim? 1635.62

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CREDIT CARD

When did you enter into the original agreement before or after 2007? BEFORE 2007.

THE CLAIM FORM SAYS 2007 BUT DEBTOR SIGNATURE WAS IN 2006 AS IT IS SHOWN ON THE TERMS

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. 1st credit

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO! NOT UNTIL REQUEST UNDER CPR 31.14

Did you receive a Default Notice from the original creditor? NOT THAT I RECALL

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NOT THAT I RECALL

 

Why did you cease payments? FED UP! COULD SEE NO END IN SIGHT TO CLEAR DEBT

 

What was the date of your last payment? 2 YEARS

Was there a dispute with the original creditor that remains unresolved?

YES. I WAS DUPED INTO TAKING PUT THE LOAN AS I WAS TOLD THAT I WAS ELIBLE FOR INSURANCE.

THEN FOUND OUT I WAS NOT. DID RAISE A COMPLAINT AT THE TIME

BUT NO ONE BOTHERED TO GET BACK TO ME SO I JUST LEFT IT.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? YES.

[mumof3]

Hello, thanks for that.

(Too late for the phone calls though. I have not requested them send me any thing by phone though.

I am now wondering if they will give 1st credit some sot of clue i got in touch with them)

 

Also There is something else i forgot to mention

 

in the Particulars of Claim sent by the county court,

it does not mention under which statute they are serving the notice AND it says teh CCA agreement was made in 2007

when the CCA is actually shown as being signed in 2006.

 

Any Act i could refer to for this?

 

cheers