Arrow/Restons claimform - old HSBC Credit Card - statute barred

[EmSE1]

Hi,

I am new to this forum but have read many helpful posts in a similar situation to mine,

so I hope I am posting in the right place and can receive some help....

 

I have an old credit card debt that has reared it ugly head via Restons solicitors recently.

 

 

To outline:

credit card is with HSBC for an outstanding amount of £9.900 something plus court costs of £400

The credit card was taken out in 2003

The last time a payment was made towards the card was 26th November 2010 or thereabouts, but definitely well over 6 years ago.

 

I have not acknowledged this debt is mine in that time as this is a credit card that was to be taken over by my ex after a divorce

(there was a court order, he didn't comply with it, didn't pay anything towards it, and has since skipped the country)

 

 

The debt has been passed through a few different debt companies over the last 6 years

(I would recieve the odd letter about it) and the last one was with HSBC who have passed it onto Restons.

 

Restons contacted me in March this year demanding full payment,

I then received advice from Citizens Advice and responded with a letter telling them this debt is statute barred,

 

 

they then responded to me saying its not as the card was defaulted in June 2011 and claim that is when the 6 years starts from.

 

 

I then responded again stating the debt is statute barred and the onus is on them to prove it is not,

 

 

they then sent me another letter saying they have provided me with that evidence and they still stand by their prior letter saying that it is not statute barred as the card wasn't defaulted until June 2011 and that they would be taking me to court.

 

I received court papers a week and a half ago (while I was on holiday) and since being back,

have filed my acknowledgement of service

and now need to respond to the court with my defence by the 16th June.

 

What do I say?

Do I need to try and get evidence from HSBC showing when the last payment was made?

Why would they be claiming that the debt is statute barred from the date of default when this clearly isn't the case - they are lawyers so surely know the law!?!

 

Thanks in advance, I really look forward to getting this matter cleared up!

Edited June 1, 2017 by dx100uk

[AndyOrch]

Hi EmSE1 and Welcome to CAG

 

If you would read the following link which explains the process and then copy and paste the Qs and your responses back here for further advice...then we have all the information in one post rather than 20 questions.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

Regards

 

Andy

[EmSE1]

Name of the Claimant: Arrow Global/Restons solicitors

 

Date of issue: 15th May 2017,

 

I have lodged my acknowledgement of service so have until the 16th June to respond

 

What is the claim for – the reason they have issued the claim? old Credit card debt from HSBC

 

What is the value of the claim? £9,900 plus court costs of £400

 

Is the claim for - Credit card

 

When did you enter into the original agreement before or after 2007? 2003

 

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. the claim has been issued by Restons on behalf of MBNA

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I think the debt has been passed through maybe three debt companies over the last 6 plus years, I vaguely remember receiving letters each time this was done

 

Did you receive a Default Notice from the original creditor? No! I know the default date because this is on my credit report

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Definitely not!

 

Why did you cease payments? this credit card was assigned to my ex husband in a divorce in 2009/2010, there was a court order drawn up stating he was to take responsibility for the debt and transfer it into his name, this never happened because he had such a bad credit rating and HSBC were unwilling to transfer it into his name. He eventually took out an IVA that included this credit card, but nothing was ever paid towards it as with an IVA the first year is the IVA company collecting their fees, he only paid 6 months towards the IVA and then stopped paying them and then eventually moved to Australia about 2 years ago so I can no longer enforce the original court order ordering him to pay this.

 

What was the date of your last payment? around about the 26th November 2010

 

Was there a dispute with the original creditor that remains unresolved? The only dispute was me telling them this debt didn't belong to me and providing them with a copy of the court order and the IVA as evidence

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

 

I think that should cover it. I have been going back and forth with Restons on this since March this year - I didn't send a CCA request as Citizens Advice advised me to just go back to them with the standard 'Statute barred' letter straight away as I knew this was statute barred.

Edited June 1, 2017 by EmSE1

[AndyOrch]

Many thanks...and if we can have the full particulars of claim verbatim ?

 

What is the claim for – the reason they have issued the claim? old Credit card debt from HSBC

 

Tells us nothing the above.

 

Andy

[EmSE1]

Sorry I don't understand

- what it says on the court papers the claim is for?

BTW - I have become confused in my original post

- this has nothing to do with MBNA

- this is for an HSBC credit card debt

and the debt company making the claim is Arrow Global being represented by Restons Solicitors

Edited June 1, 2017 by EmSE1

[AndyOrch]

Particulars of claim are in a box on the middle left hand side of the court claim...the reason they are claiming from you.

[EmSE1]

Ahhh got it - court papers are at home, so I will update you with this info this evening!

[dx100uk]

restons will always say SB runs from default date

its their way to try and spoof people.

 

 

lots of claims here where they've stated that and LOST!!

 

 

you could if you wanted too

go ring HSBC and ask last payment date

and if you are 1000% confident its IS SB'd

[i'e the other half did pay something that you didn't know about

then you could file our SB defence we can give you today.

and you wouldn't have to do anything else

re CCA/CPR

that will kill the claim dead in the water.

 

 

dx

[EmSE1]

Thank you so much for your response!

 

 

I am 100000% sure the debt is statute barred.

 

 

I would love to be able to file the SB defence please...

 

 

.. In the meantime I will call HSBC just to quadruple check the last payment date!

[dx100uk]

read this thread the defence is there

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?477307-Arrow-restons-claimform-old-Vanquis-Card-debt-statute-barred(3-Viewing)-nbsp&p=5032027#post5032027

[EmSE1]

Amazing - thank you so much, I will be filing my defence as soon as I get home tonight! I am currently 7 and a half months pregnant and have found this whole process quite stressful, I have been advised by my doctors to keep my blood pressure in check, and this hasn't been helping! So its nice to know I am not alone! These compete cowboys need to be held accountable, I will be making a formal complaint to Restons and the Financial Ombudsman after all this!

[AndyOrch]

Please post the particulars first before submitting that defence

[EmSE1]

Please post the particulars first before submitting that defence

 

I will tonight - thanks!

[EmSE1]

Particulars of claim are in a box on the middle left hand side of the court claim...the reason they are claiming from you.

 

Particulars of Claim:

The Claimant claims payment of the overdue balance from the Defendant(s) under a contract between the Defendant(s) and HSBC dated on or about Nov 2003 and assigned to the Claimant on May 19 2015

 

Particulars a/c no: xxxxxxxxxx

 

Date: 10/02/2017

Item: Default Balance

Value: 9987.14

Post Refrl Cr NIL

TOTAL 9987.14

[dx100uk]

how many digits in the account number?

[EmSE1]

how many digits in the account number?

 

Sorry I didn't realise that mattered Its a credit card number so 16 digits in this format xxxx xxxx xxxx xxxx Thanks!

[dx100uk]

it doesn't

but I can see what andy was getting at

if it wasnt 16 digits it wouldn't be and we've seen that recently.

 

 

t

[EmSE1]

it doesn't

but I can see what andy was getting at

if it wasnt 16 digits it wouldn't be and we've seen that recently.

 

 

t

 

Okay, so I am good to go to reply with the defence you advised I respond with?

[AndyOrch]

Yes..thats fine..good to submit.

 

Andy

[EmSE1]

Yes..thats fine..good to submit.

 

Andy

 

Thanks so much both - I will update you with whatever happens next!

[EmSE1]

Hi, I am about to submit the following defence - please let me know if this is correct as the second half of point 3. confuses me (the part which says 'which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts???)......

 

1. The Claimant's claim was issued on 15/05/2017.

 

2. The date last payment made was on or before the 26/11/2010

 

3. The Default Noticed was issued on or around the 09/06/2011 and served several months after the initial breach thus the cause of action delayed by 7 months and the Limitations period prolonged to 6 years and 7 months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

 

4. Therefore 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.

 

5. 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 true cause of action for breach accrued for the benefit of the Claimant.

 

6. The Claimant's claim to be entitled to payment of £9,987.14 or any other sum, or relief of any kind is denied.

 

Help!?!? Am I submitting the correct thing? Thanks in advance

Edited June 13, 2017 by honeybee13
Paras.

[dx100uk]

Yes go file it

[AndyOrch]

(the part which says 'which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts???)......

 

Basically the limitations act states that a debt that has not been acknowledged or payment made for a period of 6 years becomes statute barred ...from the date of the cause of action (the default)

 

In a perfect world your default notice should have been issued after 3 months or 3 missed payments (the cause of action) so say......Feb 2011 but it was actually issued 09/06/2011 ...therefore the 6 years has been stretched to 6 years and 4 months.

 

Make sense ?

 

Andy

[EmSE1]

Great, thanks, done!

[EmSE1]

(the part which says 'which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts???)......

 

Basically the limitations act states that a debt that has not been acknowledged or payment made for a period of 6 years becomes statute barred ...from the date of the cause of action (the default)

 

In a perfect world your default notice should have been issued after 3 months or 3 missed payments (the cause of action) so say......Feb 2011 but it was actually issued 09/06/2011 ...therefore the 6 years has been stretched to 6 years and 4 months.

 

Make sense ?

 

Andy

 

Got it - thanks so much both of you for all your help!