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Arrow Global / Shoosmiths / HSBC

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  • Arrow Global / Shoosmiths / HSBC

    Hi,

    I have tried to use the form but it kept giving me an error so all details are below.

    Received a claim: Yes
    Date of Issue: 1 Feb 2016
    Original Creditor: HSBC
    Issued By: Arrow Global
    Solicitors: Shoosmiths

    This is an overdraft

    Particulars:

    1. The claimants claim is for the sum of £xxxx being monies due from the defendant as a consequence of the defendant incurring an overdraft whilst operating a bank account (account no. xxxxxx/xxxxxxxx) with HSBC Bank plc.
    The debt was assigned to the claimant on xx/xx/2014 and notice of assignment provided to the defendant, pursuant to the Law of property act 1925.
    2. Payment of the above sum has been requested but as at the date hereof refused
    3. The claimant claims the sum of £xxxx
    4. C has complied, as far as necessary with the pre-action conduct practice direction

    I have not yet acknowledged and the debt is not statute barred.


    This was a student overdraft - I have had communication with Shoosmiths in November/December. They sent me an income/expenditure form but said if I didn't return it they would assess my offer to pay (at £100 a month) based on the information already provided. I didn't send the form back but rather than respond to my offer, they have just issued the claim.


    I do accept I owe the debt but I'll need about 4 months (till the 27th April) to get together enough cash to pay it off. At the moment I've got at least 2 months (28 days+5 if I say I'll defend, and then 28 days if judgment is granted). Any other ways to extend the time until the CCJ will stay for 6 years?
    Tags: None

  • #2
    Re: Arrow Global / Shoosmiths / HSBC

    If you are admitting to the claim, you can use form N9A (SDT), which should have been included in the pack sent by the court.

    If you haven't got it, or have lost it, see here.
    Last edited by charitynjw; 5th February 2016, 05:02:AM.
    CAVEAT LECTOR

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    • #3
      Re: Arrow Global / Shoosmiths / HSBC

      Morning xx

      It will likely take more than 4 months before it comes to court if you defend, so if you want to avoid the CCJ and make a settlement then you can go through the process of defending the claim with a view ( in your mind) to negotiating an out of court settlement once you have the money together. If the claimant doesn't get his documents in order then it may be that you are able to negotiate yourself a lower full and final settlement figure.

      Just rather than admitting the debt now, putting in an offer to pay, having a CCJ stuck on your file for 6 years then paying it off in 4 months anyway.

      SO slightly a bit of game play....

      1) acknowledge claim
      2) send a CPR 31.14 request
      3) ask claimant to agree and extension of 28 days for them to get the documents together
      4) file defence
      5) they have 28 days to reply to that defence
      6) allocation etc ( takes a month usually)
      7) it'll be end of April and you should be able to negotiate out of court settlment at that point...

      ?

      Just an idea.

      Statute barring is out I'm afriad as the clock stops once court action is filed.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment

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