Arrow/Restons claimform 1998 HSBC loan debt

[Janus 1]

Hi

 

please can you help me,

 

I have received a court claim from Arrow from Northampton Court,

 

for the claim of £4900, issued 8 days ago

 

was a bank loan issued opened up in 1998, ,

 

last know payment was 2008/9.

 

I have not acknowledged this debt, or any comms from me to Arrow

 

I have filed online that I will contest this claim, hopefully on Limitation Act 1980

 

can I now send off a CPR18 request to their solicitor ?

 

what is should I be asking for in the CPR 18 ? All of the below 5 details ?

 

1.The agreement/contract, including the specific Terms at the point the alleged Agreement was made and any subsequent changes.

2.The deed of assignment

3.The notice of assignment

4.The default warning letter

5.The default notice

 

(CPR 31.14 Request only worth doing if debt is over 10k. I may have this totally wrong..)

 

I have read that some people think that a CC Agreement request letter is not really useful (sorry, I cannot remember their reasons for stating this)

 

Is it worth it your opinion to request CCA from the DCA?

 

shall I ring up my old bank and ask them for the last payment date ?

 

thanks for all help in advance

[renegadeimp 2,290]

Its either SB or more likely theyll never get paperwork for it, they know they wont, bujt theyve seen the amount, got greedy and are hoping you dont know any better.

[dx100uk 9,652]

moved to legals

 

please fill this out

 

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

 

you don't use CPR 18

and you can't ask for the deed.

stop reading the Freemen of the land twaddle on those sites

 

dx

[Janus 1]

thanks dx, will follow your advice

[Janus 1]

Name of claimant = Arrow

 

date of issue = 16.8.16

 

 

 

Particulars of Claim

1.The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HSBC dated on or about Mar 13 1998 and assigned to the Claimant on Mar 28 2014

 

2. PARTICULARS a/c no -

DATE ITEM VALUE 07/06/2016 Default Balance 4700.82 Post Refrl Cr NIL

TOTAL 4700.82

 

 

What is the claim for = £4700 ,

 

 

What was the date of your last payment = around 2008/9

What is the value of the claim? £4700

 

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

 

When did you enter into the original agreement before or after 2007? 1998

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. ARROWS

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? No -

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

No -

 

Why did you cease payments? poor health, breakdown, life went down the pan, reduced income

What was the date of your last payment? around 2008/9 (need to clarify)

 

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

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? No

- left old address where all post went.

Was living with old buddy,

we only kept in touch via odd email once I left.

He returned 'not known at this address' on any post that came for me.

I have been traveling all over place through work, contract work.

He noticed the brown envelope looked bit official,

consequently sent me a scanned copy so I could respond.

[dx100uk 9,652]

that's great cheers

 

 

can you pop off to the MCOL site and go ACK [AOS} the claim

defend all

leave jurisdiction unticked

and ill tidy the thread up

 

 

dx

[Janus 1]

already completed. I did this yesterday.

 

thanks dx

Edited August 25, 2016 by Janus

[dx100uk 9,652]

brill

 

ok yes this look SB'd so should be easy to kill.

 

if you are 100% certain you've not paid anything to any one

nor signed any letters referring to the debt to the OC or any DCA

then there no need to do CCA/CPR

you can file the SB defence NOW

 

and that should be the end of it

 

 

ok

 

 

dx

[renegadeimp 2,290]

Better luck next time Arrow and Restons!

[Janus 1]

thanks renegadeimp & dx

 

with respect to the defence, I may be able to find old bank statement (gut feel is only a 30% chance of this) proving last payment.

 

if I cannot find these old statements, will I have to phone up old bank and try to get proof out of them for last payment?

[dx100uk 9,652]

No harm in ringing the bank and asking

[Janus 1]

thanks dx

 

with respect to the CPR 18 , I have read that it can be useful as a backup so to speak.

 

Unless the claimant complies with the request in the CPR 18 within 14 days , the claim will stand to be struck out and judgment awarded to the defendant on this basis?

 

(apologies if I have got this wrong, and I am talking out of my )

[renegadeimp 2,290]

Heres what you do.

 

Phone bank, state account number, and get the last date of payment to them. Ask them to follow it up via email confirmation

 

If its not sb, get the CCA and CPR off and youll sink cabot instantly ( note: they'll try to bluff you and offer a discount. This will prove they have no hope)

[BazzaS 3,358]

thanks dx

 

with respect to the CPR 18 , I have read that it can be useful as a backup so to speak.

 

Unless the claimant complies with the request in the CPR 18 within 14 days , the claim will stand to be struck out and judgment awarded to the defendant on this basis?

 

(apologies if I have got this wrong, and I am talking out of my ***)

 

Not so at all, for either a quick, or an automatic, strike-out : you do have it wrong.

 

For a start, the parties are expected to resolve exchange of information informally first : CPR 18 can only be used where the other side has already been asked for the information, and hasn't provided it.

 

Next, the key word in CPR 18.1(1) is "may".

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part18

(1) The court may at any time order a party to –

(a) clarify any matter which is in dispute in the proceedings; or

(b) give additional information in relation to any such matter,

whether or not the matter is contained or referred to in a statement of case.

 

So, if you ask for information and they don't provide it, you can apply to the court to make a CPR 18 order requiring them to provide the information.

 

To get a strike out using this:

a) The court would have to choose to make the CPR 18 order. They "may", but they don't "have" to do so,

b) The other side must not comply, and then

c) The court would have to choose to make an "unless" order requiring them to comply, or have their claim (in this case, or their defence if the defendant) struck out.

 

Can a claim or a defence be struck out by using CPR 18 to request information and not being given it: yes. But it isn't a given: the court isn't under an obligation to make the CPR 18 order.

[dx100uk 9,652]

As said ignore CPR 18

Get this is it sb'd or not answered stop faffin around on bs not important to you

[BazzaS 3,358]

Further reasons to ignore CPR 18:

CPR 18 does not apply to small claims, except that the court may, of its own initiative, order a party to provide further information "if it considers it appropriate to do so" (see CPR 27.2(1)(f) and 27.2(3)).

 

Mind you, at this stage the claim hasn't yet been allocated to a track ........... but I still wouldn't focus on CPR 18, if you have an absolute defence using the statute bar.

[renegadeimp 2,290]

Your priority is to find out if its SB. Just pick up the p hone and call the bank

[Janus 1]

Your priority is to find out if its SB. Just pick up the p hone and call the bank

 

ok.

 

Thanks for clarification on CPR 18

 

I will keep you updated how goes

 

Thanks for all your help so far.

[Janus 1]

update :

 

I have done some digging around on my backup drives, took some time, but I found some old Quicken Interchange Format bank statements I downloaded, back to 2001. I knew I had them somewhere.

 

They show that I was paying by direct transfer from current account to loan account on the 10th of each month up to end of 2002.

 

Then as of Jan 2003 there were no more payments. Each pass of the 10th of each month no more monies taken from current account for this loan. Plain as day.

 

Which is how I remember the loan account going, whilst I was with old bank. Think my thoughts back then were that someone at the bank must have hit the wrong button on their computer screen and not knowingly cancelled the transfer for each month.

Or just a good old computer bug

 

I can now print this electronic statements for my evidence.

 

is it N9 form I use ?,

 

is there any example defence forms on CAG ?

(apologies if they are in sticky or somewhere obvious)

[dx100uk 9,652]

right so you've proved its statute barred?

[Janus 1]

yep,

 

looks as I can prove last payment from statements I have

[dx100uk 9,652]

then no need to do anything more than file the SB defence now

on mcol website

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

[Janus 1]

thanks dx,

 

yourself and your fellow posters on this site have cleared up so much confusion for me,

 

your advice is very much appreciated

 

[Janus 1]

just a quick update :

 

on MCOL webiste it shows I submitted by defence (as per Dx advice, statute barred)

 

says 'defence was received 6.9.16'

 

there has not been any more change in status?

 

what are the usual time scales for these procedures ?

[dx100uk 9,652]

they have 33 days to do 'something' else it gets autostayed.

 

 

next move is theirs not yours