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Arrow/? Claimform - Old HSBC contract debt


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Hi I'm hoping someone can help.

 

 

I've received a claim form from the county court business centre,

this is from a debt I have absolutely no idea about?

It's a joint debt with my ex named?

It says it's from a debt from HSBC on Oct 22 2001 and was assigned to the claimant on May 13 2011?

 

 

I have no idea where this could have come as it's never been on my credit file and I've never had any notification of this debt?

 

 

In the pack there is a dispute form should I fill it in as surely they will have to prove that I owe this money

 

Thanks in advance

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

 

See link above for information you need and what letters to send etc.

 

In post #1 of the link there are questions. Can you copy and paste these over to your thread, so you can answer these as best as you can.

 

What accounts or loans have you had with HSBC ?

We could do with some help from you.

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Anything that old will surely be time barred by now??

 

Have you ever had any dealings with HSBC?

 

https://www.nationaldebtline.org/EW/factsheets/Pages/replyingtoacountycourtclaim/replyingtoaccj.aspx

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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Name of the Claimant ? Arrow Global limited

 

Date of issue – 03/07/17

 

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 OCT 22 2001 and assisgned to the claimant on May 13 2011

 

Particulars a/c no - ******/********

 

Date 15/05/2017 item default balance value £1643.07

What is the value of the claim? £1643.07

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? bank account OD

 

When did you enter into the original agreement before or after 2007? Looks like before as the date is 2001

 

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? No I've never received any notification ever about this

 

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? I can't remember having the debt, this is from 2001, myself and my then wife split up and had our house repossessed, I paid off all debts owed to my knowledge

What was the date of your last payment? No idea

 

Was there a dispute with the original creditor that remains unresolved? None, I'm not aware I even owe the money

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management Again I didn't know so no

 

I think I had a credit card and a loan years ago from back in the late 90's, everything was paid off though.

:- Thanks

Edited by dx100uk
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What are the poc's on the form . Arrow are well known spoilers. It's very likely the debt is statute barred but they won't care. They'll issue a claim anyway hoping you dontbknow what to Do, so you pay up

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You will need to find out the HSBC account number and what debt it is. Then find out from HSBC when the last payment was made on the account.

We could do with some help from you.

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What are the poc's on the form . Arrow are well known spoilers. It's very likely the debt is statute barred but they won't care. They'll issue a claim anyway hoping you dontbknow what to Do, so you pay up

 

Sorry what is POCs?

 

You will need to find out the HSBC account number and what debt it is. Then find out from HSBC when the last payment was made on the account.

 

If it's anything from HSBC the last payment will be from before 2002 as I haven't dealt with them since before then

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No-one's commented on this from OP's first post

 

It's a joint debt with my ex named?

 

 

Could it be relevant? A debt that the ex incurred and defaulted on and OP is somehow a guarantor for or linked to? Just asking in case it's relevant. I don't know the answer

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Sorry what is POCs?

 

Particulars of claim.

 

https://uk.practicallaw.thomsonreuters.com/5-107-6973?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1

 

The CAG site adds in a space and line breaks to that URL, so you'll need to copy it and edit it, or hit "reply" and copy it from the quoted post (where it should show correctly).

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No-one's commented on this from OP's first post

 

Could it be relevant? A debt that the ex incurred and defaulted on and OP is somehow a guarantor for or linked to? Just asking in case it's relevant. I don't know the answer

 

That could well be the case. Their ex was paying this debt, they have stopped and Arrows have found the other person on the account to issue a court claim against. The question is then why no previous letters were received about this debt. There should have been a letter before claim received, before the court claim was issued.

We could do with some help from you.

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The letter I have received was sent to my old address,

I only got it because my friend lives there now.

 

 

They may have sent other letters there but I don't know.

No one was ever in touch when I lived there,

this is the first time I have seen this particular company or debt.

 

 

I know it's up to me to tell companies if you move but like I said I've had zero contact when I lived there.

 

 

To the point about it being in my ex name as well she would have stitched me up if they had been in touch with her, I pay her CSA so she knows where I live, she would have told them.

 

What are my next steps, surely they have to prove this is my debt as I really don't think I owe HSBC anything, I paid it all off

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What is the effect on statute bar if (for a joint debt), one party makes no payment / acknowledgement for 6 years....

 

Does it become statute barred for that party, or for neither?

 

From https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx

 

If you think your joint debt might be statute-barred, you need to check if the other person has made any payments. If they have made a payment within the limitation period, this means the time limit restarts again for both of you.

 

If the other person has not made any payments, but has admitted in writing to the creditor that they owe the debt, the time limit will only restart for them and not for you.

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The letter I have received was sent to my old address, I only got it because my friend lives there now. They may have sent other letters there but I don't know. No one was ever in touch when I lived there, this is the first time I have seen this particular company or debt. I know it's up to me to tell companies if you move but like I said I've had zero contact when I lived there. To the point about it being in my ex name as well she would have stitched me up if they had been in touch with her, I pay her CSA so she knows where I live, she would have told them.

 

What are my next steps, surely they have to prove this is my debt as I really don't think I owe HSBC anything, I paid it all off

 

This should be easy

 

1) Get HSBC account reference from whooever issued this court claim, if the particulars don't note it.

2) Phone HSBC to find out if any payments made during the last 6 years.

3) If HSBC confirm no payments made during the last 6 years, then you can file a statued barred defence with the court. If you ask, people will tell you the wording for the defence that can be used.

 

This is provided the debt is not mortaged or secured against property and is an overdrawn bank account, standard loan or credit card.

 

Don't forget to acknowledge the court claim online and advise you will be defending in full. Failure to do so would mean a default CCJ.

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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usual HSBC managed loan debacle then

and purposefully served to an old address to gander a default judgement

you've got the account number on the claimform

so as advised simply ring HSBC up and ask last payment date.

 

 

lots of these old HSBC debts claimform threads already here to read

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... 

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get that info and we'll direct further

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... 

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I've been in touch with HSBC and with the debt being so old they can't access any statements.

 

They confirmed it was a loan but that was all they could give me as they destroy all records after 6 years,

 

I'm assuming my next step is to contact the court and say that I'm filing a statuted barred defence. Thanks

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Documents are destroyed six years AFTER the account is closed yes.

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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No you simply acknowledge service of the claim (once registered to use MCOL) and state you wish to defend.....this must be done within 19 days of receipt of the claim the claim form date being day 1...you then have a further 14 days to submit a defence..so 33 days in total.

 

So your sure your ex has not paid anything in the last 6 years or since it was assigned on May 13 2011 ?

 

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 OTHERS

 

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Nooooo...you have to do a little research here and determine if possible if either of you would have paid Arrow....ring your ex.

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 OTHERS

 

 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

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anything on your credit file?

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... 

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when you were using this OD

how was it paid ?

direct by wages or funded by payment from another account?

it would be useful if you could better confirm SB by another means than memory.

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... 

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