Arrow/Restons Claimforn - old HSBC Commercial OD 'debt'

[The Original]

Hi,

What a fantastic website! So much useful information & knowledge.

Can anyone direct me to the appropriate forum for advice regarding a CCJ Claim form? The Claim in question relates to an old business current account ( in arrears due on the most part to bank charges).

Many thanks,

Al.

[Guest]

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Financial-Legal-Issues

 

welcome.

[The Original]

Thanks

[dx100uk]

I see you have viewed the link to give information on the claim

 

 

if you want to fill that out and post it in this thread

we'll move the thread for you

 

 

dx

[The Original]

This is in my wifes name only.

Details of the Claim are as follows:

 

Name of the Claimant ? Arrow Global

Date of issue – - 21.11.16

 

Date to submit defence = - 23/12/16?

What is the claim for –

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 May 11 2012 and assigned to the claimant on Nov 21 2014

 

2.Particulars A/C no. ******/********

Date: 12/09/2016, Item: Default balance Value: £1609.29

Post Refrl Cr: Nil

Total £1609.29

 

What is the value of the claim? £1609.29

 

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

 

When did you enter into the original agreement before or after 2007? After - May 2012

 

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. - Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? - My wife has had various threatening letters from DCA's (which she has ignored) I seem to recall that it has been passed around a few DCA's

Did you receive a Default Notice from the original creditor? - Unfortunately I don't know as we haven't kept the paperwork - I don't ever remember seeing one from HSBC

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - Again I am unsure - my wife has been ignoring the DCA letters and throwing them in the bin...

Why did you cease payments? -We were going through a difficult time financially and as the money owed was just bank fees & charges we stopped paying any money into the account. At the time I had been made redundant from my main job and we had more important financial obligations. Also we asked HSBC to close the account as it was mainly charges / fees but they refused & kept on adding the charges.

What was the date of your last payment? - Unfortunately I have no statements etc. to verify - I would guess at September / October 2012

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

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? - We did ring HSBC, in hindsight I wish we had put everything in writing - they would not help us (possibly as it was a commercial account?)

 

To give you some background,

my Wife & I made the mistake of opening an HSBC business account for a small craft business back in May 2012 (we quickly realised this was not a profitable venture and ceased trading shortly after).

 

 

My recollection of events are hazy but I remember we went overdrawn by a small amount and HSBC started to pile on bank charges / fees.

 

 

We asked HSBC to close the account but they refused (continuing to pile on the charges).

Rightly or wrongly we cut off contact with HSBC as I was under the impression that HSBC would not be able pursue or take us to court for charges / fees etc.

 

 

The account was in joint names.

Unfortunately we have since moved house and I no longer have any paperwork relating to this account

- we have received threatening letters from several DCA's which we just ignored.

 

 

I don't know why they are only pursuing my wife for this alledged debt

- I wonder if they might not have all of the correct information / documentation.

 

I would be very grateful of any advice offered in how best to proceed.

 

We would really like to avoid my wife having a CCJ if at all possible.

 

What are my options regarding the following?

- Should we contact the Claimant and make some kind of offer - we can't afford to settle the balance in full at this time and so it would be a monthly arrangement

- Should we have a go at defending the claim? Is it likely that Arrow Global / Restons will have the required documentation to proceed?

- What paperwork should we send to the Claimant - CCA? SAR?

My wife has not yet acknowledged receipt of the claim or stated that she is going to defend against the Claim.

 

Thank you for your time - Any guidance about how to proceed will be greatly appreciated.

 

Al.

[dx100uk]

firstly, ignore the paperwork must goto reston only bit, I've removed that.

 

pop up on the MCOL website

register

and then select respond to a claim

defend all

leave jurisdiction unticked

 

get the current account CPR 31:14 running to restons.

 

pers I would be ringing northants bulk

it is strange for a claimform to not be joint on a joint account

check with them the a separate claim has not been issued for you that you've not received.

 

thread retitled and moved to legals

[The Original]

Hi,

Thanks for the advice so far.

My wife has registered with MCOL but she is a little confused

- Does she need to fill out the acknowledgement of service section as well as the defence and counterclaim part?

Many thanks,

Al.

[dx100uk]

not just AOS

defend all

leave jurisdiction untick

click thru to the end

confirm and exit

[dx100uk]

don't forget the rest of post 6