Court Claim - Arrow Global ltd / HSBC - 11-7-2017

[nemesis45]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Hi just an update on my case in hope someone will see this, I filed my aos and sent my letters off which were received on the 18th of July, I have heard nothing back no letters zip! I'm starting to worry now as i have to put my defence in by the 11th of august and at the moment I have nothing to put in my defence other than the statute barred defence

Statute Barred is complete defence.
If the CCA request has not been fulfilled in 12 +2 Working days from the date the request was received by the claimant it renders the debt unenforceable until the agreement (copy) or an compliant reconstituted one is supplied.

nem

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Thanks for taking the time to reply, I suppose it's just a waiting game, technically I should of had something back by now then, maybe there trying to leave it last minute

[Diana M]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

I have heard nothing back no letters zip! I'm starting to worry now as i have to put my defence in by the 11th of august and at the moment I have nothing to put in my defence other than the statute barred defence

As discussed earlier in your thread this HSBC debt/claim seems to be an amalgamation of a fixed term loan and an overdraft from 2012 (?) so the Statute Barred argument isn't certain (yet). You would need to know the remedy date of the Final Demand calling in the overdraft before that can be decided.

At first you thought that because you hadn't paid towards the loan since 2009 the debt would be SB but that hasn't yet been established (the loan term is relevant) so I wouldn't rely on the debt being SB a complete Defence.

The good news (so far) is that you've had no response to your CCA Request or your CPR 31.14 Request which is likely to form part of your Defence if you decide to use the LB template as a starting point.

technically I should of had something back by now then, maybe there trying to leave it last minute

Or maybe they've got no documents to produce

Think positive.

Di

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Thanks Di. I'ts pretty clear that they've combined the loan wth overdraft and with the overdraft being satisfied in 2012 I fear the whole debt wouldn't be statute barred even though the loan on its own would be, maybe they aren't able to produce the documents but then my negativity thinks why would they issue the claim if they didn't have the documents. Sorry what is the LB template?

[warwick65]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Hi
Trust me when I say they issue loads of claims without paperwork. I have heard different figures from different sources but somewhere between 75% and 95%of all claims go undefended and people end up with default judgement.

Also there is a whole lot more to defending a claim than just a cca request. Examples are default notices and assignment.

I believe [MENTION=87380]Diana M[/MENTION] has defended cases on both those errors.

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Thanks for your reply, I have requested all of that information default notices assignments. but I have a feeling I won't receive it, then I'm stumped on what I can put in my defence, I still have a week before I need to put it in so hopefully I'll have something to go off by then. Thanks again

[Amethyst]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Hi
Trust me when I say they issue loads of claims without paperwork. I have heard different figures from different sources but somewhere between 75% and 95%of all claims go undefended and people end up with default judgement.

87% most recently

There were 336,900 judgements made in January to March 2017, of which 87% were default judgements(with 292,200 in January to March 2017, up 35%)
.

( https://www.gov.uk/government/upload...n-mar-2017.pdf )

[Amethyst]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Thanks for your reply, I have requested all of that information default notices assignments. but I have a feeling I won't receive it, then I'm stumped on what I can put in my defence, I still have a week before I need to put it in so hopefully I'll have something to go off by then. Thanks again

Have a read of the Example Defence which might help put your mind at rest a little xxx

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

That's very helpful thank you, I will look to use that template as a guide if I don't receive anything by end of next week

[warwick65]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

87% most recently
( https://www.gov.uk/government/upload...n-mar-2017.pdf )

Not exactly clear how many were default judgements on money claims and how many of those were on cca regulated claims. Hence the possible variations

[warwick65]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Sorry should have added that is why I gave the range. I also think the numbers vary between debt purchasers.

I would be interested in how many get set aside because some solicitors are faster than others at going in for the kill

Just to number crunch h a bit more it is something like 66% of all claims get a judgement meaning around 56% of all claims got a default judgement.

Sorry, perils of being a quants man

[Diana M]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

87% most recently
( https://www.gov.uk/government/upload...n-mar-2017.pdf )

What we don't know is how many consumers were bullied into paying debts which would have been unenforceable in court (due to their lack of knowledge of the Consumer Credit Act) before claims were issued against them.

Or how many consumers bowed to pressure and negotiated a Tomlin Order or Mediation settlement so no CCJ statistic.

(As an aside and not relevant to this thread it's good to see that Mortgage and Landlord Possession claims dropped by 5%).

Di

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

So I received a letter today with no information I requested, illy try to keep this short. "We would like to point out the claim was issued via the Ccbc which is a procedure specifically provided for the CPR, only allows claimant to insert brief details of the claim and does not allow attachment le of any enclosures. Paragraph 5.2a of practice direction 7e specifically states the requirement in paragraph 7.3 of practice direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction.. also remind that cpr31.14 states a party may inspect a document mentioned in a statement of case , witness statement a witness summary or an affidavit. You would of been provided with a copy of the contractual terms and conditions at the time the account was opened and hence we see no reason why I require an additional copy, furthermore the other documents I requested are not "mentioned" in the particulars of claim and does not apply, the particulars of claim contains sufficient info in order for you to understand what the claim related to date account opened account number outstanding balance name of orig creditor and the fact the account has been assigned to the claimant and when it was assigned." It also goes on to say my formal request for the original credit agreement relating to the matter is on hold pending our clients instructions..

sorry it was was so long obviously this doesn't mean much to me unfortunately...

[Diana M]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

So Restons solicitors have sent you a template letter in response to your template letter to them. It's a familiar letter with all the reasons they believe they don't have to produce any documentations.

However buried at the end of it there's a sentence which admits they haven't got the credit agreement (yet). That's good to hear.

Take no notice of the "on hold" statement. File your Defence on time.

My guess is they haven't sent you any documents because they haven't got any documents to send you

Di

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Thanks yet again Di it eases my mind slightly, so all I can do now is put forward my defence end of next Or do I need to send anything else to them? , I will use the defence template and hope someone is around to assist me with that