Lowell/Overdales Claimform - old HSBC Credit Card Debt

[hugo1963]

Hi

I sent the letter to prove the debt 14/05/24 recorded next day delivery.

I then received a county court pack on 25/05/24. I've not yet received anything from ovrrdales re proff of debt. Must have crossed paths.

The clock is ticking to return the pack.

What next step 

TIA 

 

[lolerz]

Can you complete this ASAP also:
 

 

[hugo1963]

Which Court have you received the claim from ? Northampton 

Name of the Claimant ? lowell

Solicitors : Overdales solicitors 

How many defendant's  joint or self ? Self

Date of issue –   13 may 2024

AOS date 31st may

defence filing date 14th june

What is the claim for – the reason they have issued the claim?

1. the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account (16 digits)

2. The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with.

3. The debt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant. 

4. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14.

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge.

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

Do you recall how you entered into the agreement...On line /In branch/By post ? Online but it was for a smaller amount they kept on increasing this with me asking

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. It was assigned to a debt collection agency 

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

Did you receive a Default Notice from the original creditor? Yes I also made offers to pay original creditor a smaller amount but was not replied to

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No

Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work.

What was the date of your last payment? May 2021

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.

[dx100uk]

new thread created for this claimform

please post here now for anything to do with it now .

pop up on the bulk court website detailed on the claimform.
[if it is not working return after the w/end or the next day if week time]
.
When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word.

You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.

 then log in to the bulk court Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
defend all
leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit the website
..
get a CCA Request running to the claimant
.
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
..
Leave the £1 PO unsigned and uncrossed
.
get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.
.use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt] 
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

on BOTH type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[hugo1963]

Thank you dx I'll get on with it 

Much appreciated 

H

[dx100uk]

Date of issue –   13 may 2024

AOS date 31st may

defence filing date 14th june

plenty of lowell card claimform threads here

use our enhanced google searchbox

Lowell card claimform

id be reading at least 5-10 threads a day.

do NOT MISS your defence filing whatever happens.

 

[hugo1963]

Hello

I tried yesterday morning on moneyclaim it would not recognise my claim no and again this morning still wouldn't.

I downloaded the cpr form to fill in and parts of the letter I can't overwrite ie (Claimant name) (my name) these parts won't. 

Thanks 

Ps in the delete if not in particulars it only mentions assignment

H

[dx100uk]

just send the CCA/CPR as is.

as for mcol

have you created a gov't gateway log in first?

dx

 

[hugo1963]

No I was using the moneyclaim.gov.uk as on claim form instructions.

H

[dx100uk]

follow my guide then above

dx

 

[hugo1963]

I've created an account all I have is make a MoneyClaim

Can't find your guide dx, I'm on gov.uk site but it's asking me to make a new MoneyClaim that's the only option showing on menu

H

 

[dx100uk]

On 21/05/2024 at 20:29, dx100uk said:

pop up on the bulk court website detailed on the claimform.
[if it is not working return after the w/end or the next day if week time]
.
When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word.

You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.

 then log in to the bulk court Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
defend all
leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit the website

post 4 above...

[hugo1963]

Ok I got the gov gateway set up with 12 digit and a password,

I've tried to log in and it requested ID passport, driving licence etc,

No won't give me access

I've entered twice and my partner double checked.

I've tried the moneyclaim.gov.uk that won't,

I've rang the help number 20 min unanswered call,

I've emailed the help line on the claim form no answer and I've emailed government gateway help.

Time running out

I've used payslip, passport, driving licence, still can't identify me, everything is upto date address etc, 1 attempt left then it blocks me

H

[honeybee13]

Don't worry for now. People will be along later with ideas of how to get around the problems. The system can be temperamental.

HB

[hugo1963]

Ok cheers dx usually on in afternoon

Thanks H

[dx100uk]

On 21/05/2024 at 22:42, dx100uk said:

AOS date 31st may

got plenty of time to get it going.

no good ringing outside of 10-4pm.

Courts etc are not open

dx

[hugo1963]

Hi dx

I rang yesterday 10.54.

I've got an email reply today from hmrc online support they are going to let me know within 2 working days how to deal with this issue 

Got a reply from hmrc help desk, wasn't much help just telling me to make sure everything is filled in correctly.

Everything was cross checked by my partner.

My Mrs has just said I may have filled a gateway account many years ago, I'm not sure, but that would have been the same details, just a different email address, the old one I can't access to look back on.

Thanks H

 

[hugo1963]

Hi I have found my old log in details, relieved to say the least, I'm currently logged on, respond to a court claim.

Options are.

Respond using the MoneyClaim online service.

Respond using online civil money claims service.

Which do I choose can't see any AOS.

Cheers 

H

[dx100uk]

24 minutes ago, hugo1963 said:

Respond using the MoneyClaim online service.

its a moneyclaim.

use the details from the claimform and my guide.

On 23/05/2024 at 14:39, dx100uk said:

pop up on the bulk court website detailed on the claimform.
[if it is not working return after the w/end or the next day if week time]
.
When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word.

You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.

 then log in to the bulk court Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
defend all
leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit the website

 

[hugo1963]

Yes I'm now on MCOL my case is on screen, I've got here a different way I think.

I got an MC number.

I can now see start AOS 

Moneyclaim online 

My AOS was submitted 24/05/2024

Thank you for your patience and instructions.

H

[dx100uk]

now get reading up!!

On 21/05/2024 at 22:42, dx100uk said:

defence filing date 14th june

use our default holding/no paperwork defence in 100's of threads here already

Programmable Search Engine

CSE.GOOGLE.COM

clickme^^^

[Badtimes123]

Hugo, how are you getting on? the deadlines can creep up on you.

It's useful to have a week or two in drafting a defence, so you can understand it for yourself before submitting.

Read other like threads for examples and tailor to suit you.

Get one drafted and posted (without personal info) and let us take a look

[hugo1963]

Yea having a good read next two or 3 days then I'll let the guys have a look thank you

[hugo1963]

Hi 

I've received letters acknowledging that overdales have received my caa request and CPR request. No info.

I'm going to post you my defence for to look at tonight or tomorrow morning.

Here is my defence.

1. The Defendant contends the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.3 (3) in relation to any particular allegation to which a specific response has not been made.

2. The claimant has not complied with paragraph 3 of the PAPDC (Pre action protocol) failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st of October 2017. It is respectfully requested that the court take this into consideration pursuant 7.1 PAPDC.

3. Paragraph 1 is noted. I may in the past have had an agreement with HSBC but do not recognize this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request, to date both requests have not been complied with.

4. Paragraph 2 is denied. I have not been served with a default notice pursuant to the consumer credit act 1974.

5. Paragraph 3 is denied. i am unaware of any legal assignment or notice of assignment. A copy of assignment was sent by Overdales solicitors when acknowledgement of receipt of CPR request was received, but this was not the original.  

6. The defendant submitted a request for a copy of the alleged agreement pursuant to s78 CCA 1974. The claimant has acknowledged receipt of request but has failed to comply.

7. It is therefore denied with regards to defendant owing any monies to the claimant. The claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14 therefore the claimant is put to strict proof to: 

a. Show how the defendant has entered into an agreement with HSBC.

b. Show evidence the nature of breach and service of a Default notice pursuant to section 87 (1) CCA 1974.

c. Show how the defendant has reached the amount claimed for.

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

8. As per civil procedure rule 16.5 (4) it is expected claimant prove the allegation that the money is owed.

9.In the alternative, if the claimant is the assignee of a debt, 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 22a of the consumer credit act 1974.

10. By reasons of the facts and matters set out above, it is denied that the claimant is entitled to the relief claimed or any relief.

Thanks H

 

[Badtimes123]

Nice first crack at it hugo, and given you're so far ahead of time, I'll give you some input - experts will be along at some point though!

It is going to be difficult to assist with alot of your points as we haven't seen any paperwork, perhaps consider scanning/uploading all paperwork received since Letter of Claim? follow upload guide carefully, redacting all personal information.

I've got some small tweeks to wording that might not even matter

3. Paragraph 1 is noted. I may in the past have had an agreement I have in the past had financial dealings with HSBC but do not recognize this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request, to date both requests have not been complied with.

Include dates you requested CCA and CPR, add to point 6.

6. On xx/xx/xx the Defendant submitted, by way of a letter a CCA Request for a copy of the alleged agreement pursuant to s78 CCA 1974 and on xx/xx/xx submitted by way of a letter a CPR 31.14 request. The claimant has acknowledged receipt of (Insert which one you claim they have acknowledged) but has failed to comply.

Good work, expect others along to help you finalise it. Keep reading up