Hsbc identity theft being taken to court

[Yogibear666]

Hope this is the right place to ask for help.

I was contacted in 2011 by Westcote saying I owed HSBC £900, I've never had a HCBC account so was referred to my local branch where I had to fill in a load of forms, provide copies of I'd and copies of signature. They also referred me to contact police fraud number which I did who confirmed Imhad been the victim of Identity theft and provided a crime ref that I gave to HSBC and heard nothing more.

Fast forwards to April 2017 , I get a letter from Arrow Global & Restons Solicitors saying they have purchased the debt and I need to contact, I got in touch explained the situation provided the police crime ref number, and was again told end of it.

3 weeks ago I received court forms from Northampton court saying they are taking me to court for ccj for the debt.

I've spent the past 3 Friday afternoons off work in HSBC sorting this out but I can't get through the security questions, HSBC say the debt is sold to Arrowglobal so it's up to the, to investigate , Arrow Global keep referring me to HSBC to resolve.

Restons rang today's giving me 2 weeks to complete the paperwork or they would get a CCJ by default.

They are saying an account was opened in my name in 2007 and the over draft cleared out. Westcote said the account was in default in 2011 when I first found out about the account. I though accounts were statute barred after 6 years but Restons said it wasent in default until 2012 so not stutebarred.

I'm dyslexic and am really struggling to understand how I'm meant to resolve this.

I've been referred here by a couple of guys on MSE forum. I've started goi through the form online but I'm very unsure what to say in my defence.

[slainte caragh]

Re: Hsbc identity theft being taken to court

Rest assured someone here can and will help you hun!

Bumping for the OP.

[ostell]

Re: Hsbc identity theft being taken to court

The court forms have details of how to login to Money Claim Online and a password to use. Do this immediately, acknowledge receipt of the form and say you will defend in full and at the moment do not put anything in the defence, which is due very shortly. This is urgent.

What is the date of issue given on the court form?

If you don't do this they will get a CCJ by default and it will be difficult to overturn.

[Amethyst]

Re: Hsbc identity theft being taken to court

Morning,

I'm sorry to hear HSBC have allowed this to happen. Restons and Arrow will, originally, have been completely unaware of the ID theft issue on the account, however you have informed them and they should have gone back to HSBC themselves.... but we are where we are.

So, you need to submit a defence. It seems Restons have found some sense and given you a bit of additional time to get this in - but still acknowledge the claim with intent to defend in full TODAY.

It sounds like you have plenty of evidence ( Crime Reference, info from HSBC etc) to back up your claim that the account is not yours and you were a victim of identity theft, and that can be your defence. Arrow will need to evidence to the contrary.

Would you be able to type out the exact wording of the Particulars of Claim from the front of the claim form please and we'll give you a hand with the defence.

[Yogibear666]

Re: Hsbc identity theft being taken to court

Hi , Thanks for the replies.

I'll be able to type out the wording of the form tonight when I get home.

I filled the defence last night, I was really worried if I didn't do it all immediately I would have run out of time. I thought I had to do the whole form in one go so wrote in the defence pretty much what I wrote on here. Sorry don't have any experience of this.

The only paper work I have is from ArrowGlabal & Restons , I've never had anything in writing from HSBC. I had thought all of this came from when I lived in Oxford as my mail was all being tampered with the whole time I lived there, I asked neighbours at the time and it was apparently a common problem. I had my PAYPAL account accessed in 2010 but paypal put a stop on it and refunded the money very quickly.

[Diana M]

Re: Hsbc identity theft being taken to court

Restons rang today's giving me 2 weeks to complete the paperwork or they would get a CCJ by default.

You need Restons to put that in writing/email asap so you have evidence if needed for any set aside Application of any Default Judgment granted for late filing.

I believe all Restons calls are recorded but get it in writing today.

You have received a claim and you need to defend it. Whether the claim should have been issued is not the issue right now (save that for your WS).

Di

[Diana M]

Re: Hsbc identity theft being taken to court

Our posts have crossed - you have now filed a Defence although it's not clear whether you have pleaded what you needed to plead.

Di

[Diana M]

Re: Hsbc identity theft being taken to court

The only paper work I have is from ArrowGlabal & Restons , I've never had anything in writing from HSBC.

In which case send a Subject Access Request to HSBC to get any information they may have about this on their database. All their calls should be recorded as well as logged.

Have you ever had any financial products with HSBC in the past?

I would think your aim is to get Arrow to instruct Restons solicitors to discontinue the claim.

Di

[Yogibear666]

Re: Hsbc identity theft being taken to court

I ticked the box saying that I wanted to defend the claim , then there was a box to write why so I filled in that explaining I had been the victim of identity theft , provided the police crime reference number. Am I able to go back and change it if I've done it wrong?

[Yogibear666]

Re: Hsbc identity theft being taken to court

Particulars of Claim
The claimant claims payment of the overdue balance due from the defendants under a contract between the defendant and HSBC dated on or about May 24 2007 and assigned to the claimant on Mar 28 2014.
particulars a/c no - *******\********
Date 10/03/2017 item default balance value 900
post refill Cr nill
total 9.00

ammount claimed 900
court fee 60
legal representatives 70
total amount 1030

[Diana M]

Re: Hsbc identity theft being taken to court

I ticked the box saying that I wanted to defend the claim , then there was a box to write why so I filled in that explaining I had been the victim of identity theft , provided the police crime reference number. Am I able to go back and change it if I've done it wrong?

You haven't done anything wrong

From what you say you have filed a Defence.

A copy of this will be sent to the Claimant by the court who will tell them that they have 28 days to inform the court if they intend to continue with the proceedings. You'll get a letter advising you of this move.

If the Claimant doesn't inform the court that they want to keep going then the case will automatically become stayed (a pause button on the proceedings). The court won't tell you this, so call them up after five weeks to check the status if you've not heard anything else in the meantime.

If the Claimant decides to proceed then you will be sent a Directions Questionnaire to complete and file at court within the deadline given.

On that DQ there will be the option to tick the box for free telephone Mediation where you can put forward your side of the story.

If you receive anything from anyone then post on your thread for help.

Di