Arrow Global V loudog1

[loudog1]

Thank you for your time
That would be great thank you.

There has never been anything on my credit file regarding this, is that normal?

[Amethyst]

VERY ROUGHLY AS A STARTING POINT


1.I received the claim [Claim Number] from the Northampton County Court Business Centre on [Date you received the claim]

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.The Claimant's statement of case is extremely vague and I am therefore unable to plead effectively without further information and evidence.

4. I have requested copies of documents from the Claimant under CPR 31.14 and pursuant to the Consumer Credit Act 1974 and from the original Creditor ( HSBC Bank ) pursuant to the Data Protection Act 1998 however I am yet to receive any further information.

5. The Claimant states their claim is for an 'overdue balance' relating to a contract dated on or about August 21st 1996.

6. The Claimant does not state in their claim what the contract related to. I have, in the past, had a number of products with HSBC including a bank account, credit card and a personal loan. All of these are regulated under the Consumer Credit Act 1974.

7. In 1996 I would have been aged 16 and this may be when I opened a bank account with HSBC originally, however I am unaware of any debt owed to HSBC bank related to that account.

8. I asked the claimant to provide me with a copy of the agreement pursuant to section 77/78 of the Consumer Credit Act 1974 however they responded stating the debt was due on an overdraft facility and therefore no executed agreement exists. I included the £1 statutory fee with my request however they returned this to me.

9. It is denied that there was any outstanding overdraft on the account and the Claimant is put to strict proof thereof.

10.No details of how the sum claimed has been calculated has been provided by the Claimant.

11: Confusingly, the Claimant also stated that they were not the creditor as envisaged by the Consumer Credit Act. However their statement of case states that the account was assigned to them from HSBC in 2011, which is over 6 years ago, and any debt would be statute barred under the Limitations Act 1980.

12: I have checked my credit file at the Credit Reference Agencies and there is no sign of any debt owed to HSBC, or indeed to the Claimant, having been reported on there.

13: I did not receive any notice of assignment from HSBC. The Claimant should be required to prove that they have legal right to make any claim against me.

14.It is denied that HSBC have served any Default notice on me pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

16.I request the court orders the Claimants to provide the necessary documentation ( credit agreement, terms, default notice, notice of assignment and details of how the amount claimed has been calculated) in order for me to fully plead my case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

18.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

[loudog1]

VERY ROUGHLY AS A STARTING POINT


1.I received the claim [Claim Number] from the Northampton County Court Business Centre on [Date you received the claim]

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.The Claimant's statement of case is extremely vague and I am therefore unable to plead effectively without further information and evidence.

4. I have requested copies of documents from the Claimant under CPR 31.14 and pursuant to the Consumer Credit Act 1974 and from the original Creditor ( HSBC Bank ) pursuant to the Data Protection Act 1998 however I am yet to receive any further information.

5. The Claimant states their claim is for an 'overdue balance' relating to a contract dated on or about August 21st 1996.

6. The Claimant does not state in their claim what the contract related to. I have, in the past, had a number of products with HSBC including a bank account, credit card and a personal loan. All of these are regulated under the Consumer Credit Act 1974.

7. In 1996 I would have been aged 16 and this may be when I opened a bank account with HSBC originally, however I am unaware of any debt owed to HSBC bank related to that account.

8. I asked the claimant to provide me with a copy of the agreement pursuant to section 77/78 of the Consumer Credit Act 1974 however they responded stating the debt was due on an overdraft facility and therefore no executed agreement exists. I included the £1 statutory fee with my request however they returned this to me.

9. It is denied that there was any outstanding overdraft on the account and the Claimant is put to strict proof thereof.

10.No details of how the sum claimed has been calculated has been provided by the Claimant.

11: Confusingly, the Claimant also stated that they were not the creditor as envisaged by the Consumer Credit Act. However their statement of case states that the account was assigned to them from HSBC in 2011, which is over 6 years ago, and any debt would be statute barred under the Limitations Act 1980.

12: I have checked my credit file at the Credit Reference Agencies and there is no sign of any debt owed to HSBC, or indeed to the Claimant, having been reported on there.

13: I did not receive any notice of assignment from HSBC. The Claimant should be required to prove that they have legal right to make any claim against me.

14.It is denied that HSBC have served any Default notice on me pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

16.I request the court orders the Claimants to provide the necessary documentation ( credit agreement, terms, default notice, notice of assignment and details of how the amount claimed has been calculated) in order for me to fully plead my case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

18.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

Amethyst I really appreciate the time you've given me with this, it feels so complexed so this has helped me greatly.
I have a couple of days left to submit my defence.
I have researched and researched, to try and do this by myself, but it seems to only confuse me and fog my thoughts more and its quite overwhelming so thank you again. I feel like I am not armed with the knowledge to deal correctly with this!

I have wrote out what you have suggested and added and amended where appropriate, although I am a bit worried as you say "very roughly as a starting point" ....
To myself, this appeared be adequate, but I am no way familiar with how to do this, are there areas that I need to go into more detail with? Im really worried about getting this wrong but I am no way experienced to deal with this, but am not in a position to pay for solicitors help due to recently having to cut my work back because of a spinal injury and I have a young family, so its all a bit of a struggle at the moment and admitted I feel like I am drowning under the stress of it.

Another question I have, is when I log back into MCOL should I be uploading copies of the letters that Arrow Global and Reston's have sent me, along with my proof of CCA requests and proof of posting and also their replies?

Once again, thank you to everyone who has replied, given advice and helped me x

[Amethyst]

So long as the facts are correct it should be fine Just so long as you understand I'm not in any way legally qualified xxxx your defence is basically telling the court that the claimant hasn't evidenced the debt is legitimate.

for now you'll just file the defence - the evidence ( copies of letters etc) will come later on during witness statement exchange ( about two weeks before any hearing - if they proceed that far )

[paranoidpete]

I would personally let them state
5. The Claimant states their claim is for an 'overdue balance' relating to a contract dated on or about August 21st 1996.
because, if you were under the age of 18 you are not legally allowed to enter in to a credit agreement
so the agreement would be void

[warwick65]

Just a thought, is now the time tone telling them you were only 16. I ask because they could then apply to amend the POC . maybe it would be better to wait until witness statement time , when they have laid out their case

Diana M ?

[loudog1]

Ahhh help!! I am trying to log in to MCOL to put my defence forward....Ive already acknowledged the claim but its only giving me the option to register or enrol and I have a gateway user id already! What am I doing wrong??

[Amethyst]

MCOL has a mind of it's own at times, how are you logging in ?

this bit ?


( https://authenticate.gateway.gov.uk/...J-Services-PTL )

[loudog1]

I go to the log in tab which then takes me to another page that gives me the option to either register as a user or organisation???/

[MIKE770]

we had that last year registering etc that site plays up at times

[loudog1]

[Amethyst]

Do you not get the log in option ?

[Amethyst]

Oh, yes you do, what happens when you click the Login bit on the left ?

[loudog1]

then once I click on the first one I get this

[Amethyst]

BTW you can email your defence if it's easier;


Claim responses & directions:

ccbcaq@hmcts.gsi.gov.uk


SUBJECT: DEFENCE CLAIM XXXXXX - Arrow Global v LouDog