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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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Arrow Global bought HSBC debt

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I have recently applied for a mortgage and found a default on my credit file from Arrow Global.

 

The debt i believe is in relation to a business loan i took out with HSBC in 2005,

the business was shut down approx 3 years ago as well as all associated accounts

including i assumed the loan account,

 

 

HSBC informed me nothing was owed when i shut the accounts,

they even transferred some money that was in the current account to another business account i had with them.

 

I received a letter from Arrow Global in April 2016 mentioning a debt

and i contacted them directly for more information, they never returned my calls.

 

I have spoken to HSBC this morning who have just said that the account was closed?

They wouldnt give me any further information.

 

I have spent years perfecting my credit rating and to say i am absolutely livid about this default is an understatement,

my mortgage was rejected and my personal credit rating completely trashed.

The default was put on in February 2015!!!

 

What can i do,

i have today sent SAR requests to both HSBC and Arrow Global as well as request for the record of default notice to Arrow Global.

On my credit file the address for the default was a house i lived in over 10 years ago??

 

Latest letter says debt has been passed to Moorcroft Group PLC

 

I am contemplating paying the amount owed £910 to mark it as satisfied

but i dont want to pay what i have been told isnt owed,

money is not an object and i will gladly pay whatever it costs to get this default removed.

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Place a 'notice of correction' on your credit file, in that you have no knowledge of this alleged debt.

 

You're doing the right thing by sending the SAR to HSBC, AG won't have anything, so I'd save your £10 on them.

 

Stay off the phone, only ever deal with these [edited] in writing, you need a paper trail of evidence.

 

On your CRF what is the date of default?

And when was the account actually defaulted?

Edited by honeybee13
Pejorative word.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Arrow Global Marked the default as 12/02/2015 Nothing has been paid to HSBC for approx 3 years as accounts were shut down.

Also i have certainly never received a default notice?

 

I have received no correspondence from HSBC regarding this matter whatsoever, i have personal and three other business accounts with them so they have my details.

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I doubt it was arrows that placed the default

it would have been HSBC before they sold the debt on.

 

 

you certainly should not be talking to arrows on the phone

writing ONLY.

 

 

I suspect too this will have something to do with what hsbc call ' a managed loan'

whereby they merge everything and sell it on.

 

 

FWIW a debt buyer cannot issue DN's

only the OC can do that.

so HSBC are lying to you.

 

 

dx


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Credit File specifically says Arrow Global 12-02-2015 with my old address on.

Will not call them further.

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SAR them regarding this particular account, and see what they fire back, if anything?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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when a debt is sold

the buyers name replaced that of the OC

on your credit file

 

 

dx


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look like the managed loan debacle then.

 

 

HSBC filed the default

they are your target

paying wont remove it either

 

 

dx


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Hammer HSBC, exhaust their complaints procedure then escalate it to the ombudsman if necessary.

 

If this has resulted in you being refused a mortgage, and you can prove that this default should never have been applied to your account,

then keep copies of everything as evidence, so that you are able to sue them in court for defamation, if they fail to remove it or correct the entry on your file.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Will have to see what the SAR's bring back, it is criminal how they twist regulations and have so much control over people, HSBC have never contacted me about any outstanding monies, i have no debt whatsoever except buy to let mortgages and everything is always paid when request to say i am pi@@ed off is an understatement.

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Well, if you can prove that this data being processed on your CRF is inaccurate/incorrect then it will be HSBC who will be dipping into their profits to pay you damages!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hammer HSBC, exhaust their complaints procedure then escalate it to the ombudsman if necessary.

 

If this has resulted in you being refused a mortgage, and you can prove that this default should never have been applied to your account,

then keep copies of everything as evidence, so that you are able to sue them in court for defamation, if they fail to remove it or correct the entry on your file.

 

Thanks that sounds like a plan, had a complaint with HSBC a few weeks ago with none communication regarding arranging a meeting and they gave me £100 in my account as apology :smile:

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Thanks that sounds like a plan, had a complaint with HSBC a few weeks ago with none communication regarding arranging a meeting and they gave me £100 in my account as apology :smile:

 

Well processing inaccurate data on your CRF, you can put another zero on the end of that, and, if you can prove that it stopped you from obtaining a mortgage, or preferential borrowing rates, then the figure only goes up! :thumb:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Would it be wise to email HSBC complaints department before receiving SAR info (if i get it) shouting my annoyance?

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It will not hurt one bit, but use the belts and braces approach and make/keep a copy of whatever you email so you can follow it up with a hard copy if they fail to answer your email.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I am a little concerned if I attempt to sue HSBC they will shut my other accounts, I have two successful companies plus personal accounts with them and with default would not be able to obtain another account, especially as businesses these days rely on electronic money, would they attempt to shut my other accounts?

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they cannot take any retaliatory action

 

 

not allowed/more compo time!


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yesterday i received a letter from HSBC which was in response to my email asking for more information.

 

They confirm that it was to do with a small business loan,

last credit was received on 1 august 2014 and it has an outstanding balance of £910.20,

they state our records indicate a significant amount of correspondence was sent to the address held.

 

I believe the address held was my address i moved out of in September 2005 over 10 years ago,

the bank have all my updated info as i have 4 other accounts with them,

 

 

i do not specifically recall telling them about change of address for this account

but all other accounts were updated correctly 10 years ago,

surely they have my address which i have lived in since 2005

and where i received all other account information from them?

 

Now they have told me it is owed,

i will arrange payment of the amount owed,

this loan was taken out over 11 years ago !!!

 

Surely they should have sent a default notice to my current address??

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the debt is statute barred if you've paid/used it in 10yrs.

 

 

dx


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Single Premium PPI Q&A Read Here

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the debt is statute barred if you've paid/used it in 10yrs.

 

 

dx

 

Not sure what that means?

Apparently i paid something in 2014 which was only 2 years ago?

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Not sure what that means?

Apparently i paid something in 2014 which was only 2 years ago?

can you remember paying anything??? if not to ask them prove ? how paid. cheque number. i.e. method of payment by whom?? has been known for CCA1974 request & SAR request be credited to an account when these request cannot be taken as a payment by you!

:mad2::-x:jaw::sad:

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oh really?

and before that when was the lat payment?

 

 

6yrs no payment any period

 

 

dx


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I was paying it from my business account by standing order,

last payment was 2014 according to the bank,

 

 

then i shut business down and when we shut business was told everything was ok and bank account was shut,

 

 

i was unaware that money was still owed on loan,

 

 

my argument is i never received any notifications which had apparently gone to an address i lived at almost 11 years ago!!

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ok so not statute barred

not really a valid point that they sent things to an old address.

 

 

were you a sole trader or ltd co?


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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