Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

PRA Claim Form - HSBC current account OD


tinmachine
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2570 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Name of the Claimant ? PRA Group (UK) Limited

 

Date of issue – 05 Sep 2016

Date to submit defence = 07/10 (33 days in total) -

 

What is the claim for –

 

1.The claimant claims the sum of 19,000 for debt and interest.

2.On 18/07/05 the defendant entered into an agreement with HSBC Bank plc for an overdraft under reference xxxxxxxxxxxxxx.

3.On 30/6/06 the defendant defaulted on the agreement with an outstanding balance of 24,500.

4.On 25/09/07 the debt of 24,500 assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Group (UK) Ltd on 31/12/14.

Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925.

Payments of 324.00 received up to 30/08/13

5.AND THE CLAIMANT CLAIMS

1. The sum of 15,000

2. Statutory interest pursuant to section 69 of the County Court Act 1984 at a rate of 8.00% per annum from 30/08/13 to 02/09/16 3669 and thereafter at a daily rate of 3.34 until judgment or sooner payment.

 

What is the value of the claim? 19,866

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

 

The particulars of the claim section states it is an overdraft. This is incorrect; no overdraft was held for more than £100. A joint loan was defaulted with HSBC for a similar amount at that time though.

When did you enter into the original agreement before or after 2007? Before. It was 2005

 

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. PRA group

 

Were you aware the account had been assigned –did you receive a Notice of Assignment?

Possibly. Most debt related letters destroyed years ago.

Did you receive a Default Notice from the original creditor? Probably but unsure.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't know.

 

Why did you cease payments? Financial difficulties.

 

What was the date of your last payment? 30/08/13

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor

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

Yes. We tried to enter into an IVA but not all of the creditors agreed and it never started.

Additional info

 

Is there a way to reduce the amount of this claim, or stop it altogether?

If not, what would be the minimum amount you'd suggest offering as a monthly payment?

 

any help gratefully appreciated.

 

Thanks.

Edited by martin2006
Link to post
Share on other sites

  • Replies 78
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I would suggest this is what is called a managed loan whereby they merge everything convert it to a loan

Then dump it into the current account creating an OD you know nothing about

 

Go read up on managed loan hsbc

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Tinmachine, i have removed the account reference numbers from your original post.

Please ensure you redact any personally identifying information from future posts.

 

Martin

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

So, go to mcol online, using the info on the claimform, log in.

 

Acknowledge the claim

Tick defend all

Leave jurisdiction unticked

Exit mcol

 

Send a CCA request to the claimant (pra)

 

Send a cpr 31:14 to the solicitors acting for the claimant

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

Tinmachine, i have removed the account reference numbers from your original post.

Please ensure you redact any personally identifying information from future posts.

 

Martin

 

Sorry, was tired and stressed when typing OP. Thanks for the edit.

Link to post
Share on other sites

No worries

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

 

Additional info

 

Is there a way to reduce the amount of this claim, or stop it altogether? If not, what would be the minimum amount you'd suggest offering as a monthly payment?

 

There's a long way to go yet for any claim to reach court - however, how much could you realistically afford if the worst came to the worst?

Link to post
Share on other sites

Have you done everything in post *4 please?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

Hi.

 

I've done the CAG letter,

I'm hoping to get to a post office to get the postal order tomorrow so I can post it.

 

 

I can't find any mention of a solicitor acting on their behalf to send the CPR to.

 

 

The Claim form has the same addresses (one in the 'claimant' box and one in the 'address for sending documents and payments' box) both for PRA and the front page is signed with the name Robert Marr as the claimants' legal representative.

 

 

I'm sending the CAG to the PRA address; who should I send the CPR to?

 

Duplicate deleted

 

There's a long way to go yet for any claim to reach court - however, how much could you realistically afford if the worst came to the worst?

 

Off the top of my head? about £10-20 a month?

Link to post
Share on other sites

Send the CPR to the claimant in the absence of any named Solicitor

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Send the CPR to the claimant in the absence of any named Solicitor

 

Thanks.

 

I've acknowledged the claim on-line, sent the CCA by recorded delivery and I'll be sending the CPR by recorded delivery this afternoon.

Edited by Andyorch
edited CCA not CAG
Link to post
Share on other sites

  • 2 weeks later...

What ever you or they do

Don't miss your defence filing date

 

Holding/no paperwork def

See like threads

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi. Is there one particular thread where everything went as planned that you can point me too? My brain is frazzled from reading through post after post of confusing details and specifics that don't seem to relate to the process I was directed to. Help!

Link to post
Share on other sites

Hi. Just found this on a post about another HSBC overdraft claim. IS this the type of defence I should be entering?

 

1.The claimant claims the sum of 19,000 for debt and interest.On 18/07/05 the defendant entered into an agreement with HSBC Bank plc for an overdraft under reference xxxxxxxxxxxxxx.

2.On 30/6/06 the defendant defaulted on the agreement with an outstanding balance of 24,500.

3.On 25/09/07 the debt of 24,500 assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Group (UK) Ltd on 31/12/14.Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925.

Payments of 324.00 received up to 30/08/13

AND THE CLAIMANT CLAIMS

1. The sum of 15,000

2. Statutory interest pursuant to section 69 of the County Court Act 1984 at a rate of 8.00% per annum from 30/08/13 to 02/09/16 3669 and thereafter at a daily rate of 3.34 until judgment or sooner payment

 

Defence

 

The Defendant contends that the particulars of claim are vague and 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. Paragraph 1, I accept that I have held a current account with HSBC Bank Plc. I have not serviced this account since **** due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Lloyd's Bank. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.

 

2. ?

 

3. Paragraph 3 is denied I have never been served a Notices of Assignment in accordance with s.136 Law of Property Act 1925.

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed before even considering adding section 69 interest which I understand is at the courts discretion.

 

The claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

5. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the *******. The Claimant has failed to comply with this request. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

 

6.By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Regards

Edited by Andyorch
Particulars renumbered and defence tweaked.
Link to post
Share on other sites

Yes.....thats the type of defence to cover an overdraft.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I've entered the poc from YOUR claimform

you need to align to that.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

You just need to respond to their Paragraph 2 now...the rest of the defence and particulars I have tweaked.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks Andy/dx. Paragraph 2 refers to the overdraft which is all to do with that HSBC managed loan malarkey. Do I just say that I never had an overdraft?

 

More importantly, I've just finished reading this thread "430285-Lowell-Carter-Claimform-HSBC-debt" (Sorry, the forum won't let me use any formatting tools, I can't even select bold or italics let alone hyperlink!) This defendant had to actually attend court.

 

My Claim was actually issued to my Wife but this whole process scares her to death so there's not a chance in hell that she'd ever attend a court hearing and defend herself. With this being the case, should we still be perusing this defence?

 

Thanks again.

Link to post
Share on other sites

Thanks Andy/dx. Paragraph 2 refers to the overdraft which is all to do with that HSBC managed loan malarkey. Do I just say that I never had an overdraft?

 

More importantly, I've just finished reading this thread "430285-Lowell-Carter-Claimform-HSBC-debt" (Sorry, the forum won't let me use any formatting tools, I can't even select bold or italics let alone hyperlink!) This defendant had to actually attend court.

 

My Claim was actually issued to my Wife but this whole process scares her to death so there's not a chance in hell that she'd ever attend a court hearing and defend herself. With this being the case, should we still be perusing this defence?

 

Thanks again.

 

Paragraph 2 refers to the default...

 

2.On 30/6/06 the defendant defaulted on the agreement with an outstanding balance of 24,500.

 

Yes pursue it may not come to a court appearance ...but wit will def come to a CCJ for 6 years on your CRAs if you dont defend.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Paragraph 2 refers to the default...

 

2.On 30/6/06 the defendant defaulted on the agreement with an outstanding balance of 24,500.

 

Yes pursue it may not come to a court appearance ...but wit will def come to a CCJ for 6 years on your CRAs if you dont defend.

 

Okay, thanks. So in respect of Paragraph 2, how should I respond as the default was on a personal loan, not the overdraft that they mention?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...