Civil Procedure Rules - Help needed!

[sloane82]

Re: Civil Procedure Rules - Help needed!

A Penalty charge, is a n overdraft charge, were you in financial difficulty?, also get your interest from the first time an overdraft charge, was placed, did you have, any credit card's you say that you had a loan. Ask the bank for a copy of your term's of condition's, put some more info and document's regarding this please.

[nemesis45]

Re: Civil Procedure Rules - Help needed!

A Penalty charge, is a n overdraft charge, were you in financial difficulty?, also get your interest from the first time an overdraft charge, was placed, did you have, any credit card's you say that you had a loan. Ask the bank for a copy of your term's of condition's, put some more info and document's regarding this please.

Looking over business and personal accounts that have had OD facilities not one mentions a " Penalty Charge " there's an "Over Limit Fee".

[Amethyst]

Re: Civil Procedure Rules - Help needed!

[MENTION=53946]sloane82[/MENTION] - Overdraft charges are NOT penalty charges. http://www.bailii.org/uk/cases/UKSC/2009/6.html

[sloane82]

Re: Civil Procedure Rules - Help needed!

It' still an excessive, charge under the unfair term's of consumer contract regulation's 1999, also put up detail's of the company, that are trying, to claim the money please.

[Hannahsf]

Re: Civil Procedure Rules - Help needed!

It' still an excessive, charge under the unfair term's of consumer contract regulation's 1999, also put up detail's of the company, that are trying, to claim the money please.

Its hoist portfolio holding ltd that are trying to claim the money.

[Hannahsf]

Re: Civil Procedure Rules - Help needed!

A Penalty charge, is a n overdraft charge, were you in financial difficulty?, also get your interest from the first time an overdraft charge, was placed, did you have, any credit card's you say that you had a loan. Ask the bank for a copy of your term's of condition's, put some more info and document's regarding this please.

Originally I had a credit card and overdraft facility when I was at university. These were consolidated into a loan, which subsequently I could not keep up the payments for. So are the charges they are requesting not applicable to a loan then?

[Amethyst]

Re: Civil Procedure Rules - Help needed!

So the claim is for the loan, as you consolidated credit card and overdraft into the loan, rather than a claim for an amalgamated credit card and overdraft. So any charges issues with the overdraft and credit card would need to be dealt with separately - so set all that to one side for now. That the claimant has said it is for an overdraft helps you.

So, CCA request and CPR requests - have they been sent?
You have acknowledged the claim haven't you.

'Particulars of claim - the claim is for the sum of £7209.32 in Respect of monies owing pursuant to an overdraft facility under bank acc no XXXX.
THe debt was legally assigned by MKDP LLP to the claimant and notice has been served. The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.
the claimant claims the sum of £7209.32, interest pursuant to s69 of the County Court Act 1984 at a rate of 8% from the 6/07/10 to the date hereof 2188 is the sum of £3457.26. Future interest accruing at the daily rate of £1.58. Costs.'

CPR can ask for the Notice of Assignment AND the Terms & conditions of the bank account. Also add a but to ask for statement of account and default notice. Even though they haven't been 'mentioned' they are required and it helps later to have asked for them.

You could also add in notice of assignment from the bank TO MKDP.

Do you have any evidence from old bank statements etc that the overdraft was paid off ? If not it may be worth giving your bank a call and ordering a couple of statements from around the time ( month before and month after ) you took out the loan to consolidate.

[sloane82]

Re: Civil Procedure Rules - Help needed!

Find out if you, was paying, any PPI with them, register a complaint, to the Financial Ombudsman service, and put up any document's on here. They probably owe, you money, never heard, of the company, will google them, take care.

[nemesis45]

Re: Civil Procedure Rules - Help needed!

Originally I had a credit card and overdraft facility when I was at university. These were consolidated into a loan, which subsequently I could not keep up the payments for. So are the charges they are requesting not applicable to a loan then?

Hello Hannah,

As both Amethyst and I have said Over Limit Fees etc. are NOT Penalty charges and unless the fees were very high then around £20-£25 it might be worth pursuing.

The alleged debt is statute barred any claim may also be seen as statute barred as well.
No response from Cohen yet?

nem

[Hannahsf]

Re: Civil Procedure Rules - Help needed!

Hello Hannah,

As both Amethyst and I have said Over Limit Fees etc. are NOT Penalty charges and unless the fees were very high then around £20-£25 it might be worth pursuing.

The alleged debt is statute barred any claim may also be seen as statute barred as well.
No response from Cohen yet?

nem

I have had many missed calls so far from them so I am guessing they are getting desperate?

[Hannahsf]

Re: Civil Procedure Rules - Help needed!

So the claim is for the loan, as you consolidated credit card and overdraft into the loan, rather than a claim for an amalgamated credit card and overdraft. So any charges issues with the overdraft and credit card would need to be dealt with separately - so set all that to one side for now. That the claimant has said it is for an overdraft helps you.

So, CCA request and CPR requests - have they been sent?
You have acknowledged the claim haven't you.



CPR can ask for the Notice of Assignment AND the Terms & conditions of the bank account. Also add a but to ask for statement of account and default notice. Even though they haven't been 'mentioned' they are required and it helps later to have asked for them.

You could also add in notice of assignment from the bank TO MKDP.

Do you have any evidence from old bank statements etc that the overdraft was paid off ? If not it may be worth giving your bank a call and ordering a couple of statements from around the time ( month before and month after ) you took out the loan to consolidate.

Oh thank you for the guidance, I was getting stuck on the CPR request, I will get that sent today. I have acknowledged the claim online and sent the CCA request.
I know when my account closed that the overdraft was completely paid off. There was nothing in my account whatsoever and it was closed.pby HSBC. So I must have a letter somewhere regarding that. Do people even get given overdrafts for that amount of money?!

[Amethyst]

Re: Civil Procedure Rules - Help needed!

Oh thank you for the guidance, I was getting stuck on the CPR request, I will get that sent today. I have acknowledged the claim online and sent the CCA request.
I know when my account closed that the overdraft was completely paid off. There was nothing in my account whatsoever and it was closed.pby HSBC. So I must have a letter somewhere regarding that. Do people even get given overdrafts for that amount of money?!

you'd be surprised !

If you can't dig out a letter then you might be able to get the closing statement from HSBC for something like £5 admin charge.

Then I reckon ( though needs thinking about [MENTION=551]pt2537[/MENTION] ?) you might be able to just apply to strike the claim out.

[nemesis45]

Re: Civil Procedure Rules - Help needed!

I have had many missed calls so far from them so I am guessing they are getting desperate?

It would be worth logging all the calls from them in the light of a recent case decided in a County Court.

nem

[Amethyst]

Re: Civil Procedure Rules - Help needed!

It would be worth logging all the calls from them in the light of a recent case decided in a County Court.

nem

Good thinking Batman !

[Hannahsf]

Re: Civil Procedure Rules - Help needed!

Hello again all, we'll all has been very quiet. after sending correspondence to the solicitors, I have heard nothing in return. Hoist Portfolio sent a letter stating that the solicitors would send me all the paperwork I requested, of which they didn't. They also returned my postal order for a pound. I'd heard nothing since until today, I have received a letter of proposed allocation to fast track by the county court business centre.
Is this even possible? When I logged on online to see whether I was able to defend my claim, the claim had disappeared (this was last month), so I assumed the case had been dropped?