Arrows/Blake Morgan Claimform - old HBOS OD poss SBd

[m119]

Thanks, wish I could 100% believe it was up to them to prove I made payment, but going by the thread I posted above, the judge sometimes brings things down to "the law of probabilities".

 

Here is the information I've managed to get so far.

The account was shut mid Sept 2011.

Last payment from me Feb 2010.

It was sold to Arrow mid Nov 2013.

 

the rogue payment was apparently to Halifax,

and apparently,

as the account was in "recovery and collections" They can't tell me any information about it.

 

Statements are apparently coming in the post.

But not after the account was shut.

 

can anyone confirm 100% when the SB date for an overdraft is?

 

Had a letter from the solicitors also.

"we confirm we will now place the accounbt on hold for 30 dats while our client processes your request for a full statement of account on this matter.

 

bla bla

 

Now that we are instructed, please ensure all payments are made to us and not our client"

 

That last bit isn't trying to imply I've acknowledged the debt is it?

 

Any advice on this is much appreciated.

[dx100uk]

we cant protect again judge lottery

 

with an OD account the SB date is debateable.

could be a few months later

typically the calling in notice.

 

as long as you've done AOS/CPR you have until 8th sept to file your defence.

 

the letter can be ignored

[m119]

Thanks. When would a calling in notice usually be sent? I'm assuming I go with an SB defence, it can't be changed if the prove it isn't SB'd? What would be the best defence assuming it isn't?

[AndyOrch]

Thanks. When would a calling in notice usually be sent? I'm assuming I go with an SB defence, it can't be changed if the prove it isn't SB'd? What would be the best defence assuming it isn't?

 

28 days before it was terminated...see ....Notice served under Sections 76(1) and 98(1) of the CCA1974

[m119]

Ok, thanks. Is it usual for this to come 17/18 months after the last payment? Assuming it did 1 month before mid sept 2011.

[AndyOrch]

Bank overdrafts are strange beasts...they can default/recall you anytime...although they shouldn't.....should be the same as a credit card/loan

[m119]

Suppose I better start thinking about a defence to put in tomorrow?

 

Since we cant be sure it is SB'd, should I start elsewhere for a defence?

 

Thanks

[AndyOrch]

Leaving it a bit late ?

[m119]

Better late than never? Has to be in tomorrow right?

[AndyOrch]

No.... Friday before 4.00pm

[m119]

[AndyOrch]

Oh well lets hope MCOL have no on line problems and your PC is reliable...leave you to it:wink:

[m119]

Ha, fair, can't say I had considered any of those, in which case I'll do it tomorrow afternoon? Hand with a start for the defence would be much appreciated!

 

Bet most of us here are or were "last minute" people.

[m119]

So am I right in thinking I shouldn't just go for the SB defence as I can't be sure?

 

This is what I have so far. Should I mention any date of last payment etc in relation to it being SB'd?

 

The Defendant contends that the particulars of the 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 response has not been made.

 

1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Halifax. It is denied that I am indebted for the alleged balance claimed. Any alleged balance claimed 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. Paragraph 2 is denied. I am not aware of ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

3. I have never been contacted or requested by HSBC or the Claimant to pay any alleged overdrawn sums.

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

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

 

(a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that 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 all excessive charging/fees and show how the Claimant has reached the amount claimed.

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

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

 

5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 11 August 2017 namely the Overdraft Agreement, Terms and Conditions relevant at the time of inception for the agreed overdraft and Termination Demand Notice inferred by the Claimant's Particulars of Claim. The Claimant has failed to respond or comply with this request.

 

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.

[dx100uk]

Halifax?

[m119]

Yes, changed it to HBOS, and corrected the HSBC error.

[m119]

Should I add something like this?

 

6. The date last payment made was the dd/mm/yyyy

7. The Default Noticed was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X 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.

8. 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. 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.

[dx100uk]

sadly you shouldn't mix SB into any other defence

as SB is absolute

 

see what andy suggests he might have a trick up his sleeve.

 

it might also well be that...

by their own admission, IF they do return paperwork via CPR or later via their WS and exhibits

it looks sB'd you could bring it up in your WS

 

but the claim might not even get that far

and simply gets stayed

[m119]

Ok, cheers.

[m119]

Should I get this in today, or tomorrow be better?

[dx100uk]

as long as its done by 4pm Friday

 

 

i'm sure andyorch will pop in and check it over in due course

and your SB query

[AndyOrch]

What is the claim for – For reference only do not submit with your defence

 

1. The claimants claim is for the sum of gbp £10k being monies due from the defendants to the claimant under a regulated agreement between the defendant and HBOS

 

2 And assigned to the claimant. Notice of the assignment has been provided to the defendant.

 

3.The defendant has failed to comply with the terms of the agreement and the agreement has been terminated and the claimant claims the sum of gbp10,000 together with the costs of this claim

Defence

 

The Defendant contends that the particulars of the 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 response has not been made.

 

1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor halifax. It is denied that I am indebted for the alleged balance claimed. Any alleged balance claimed 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. Paragraph 2 is denied. I am not aware of ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

3.Paragraph 3 is denied.The claimant has no knowledge of the terms and conditions of the agreement and is unable to provide any copy on which its claim relies.

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

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

 

(a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that 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 all excessive charging/fees and show how the Claimant has reached the amount claimed.

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

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

 

5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 11 August 2017 namely the Overdraft Agreement, Terms and Conditions relevant at the time of inception for the agreed overdraft and Termination Demand Notice inferred by the Claimant's Particulars of Claim. The Claimant has failed to respond or comply with this request.

 

6. Notwithstanding the above any alleged balance outstanding would now be statute barred having not used the account for over 7 years .. 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 7 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.

 

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.

[m119]

Many thanks, submitted just now.