Court Claim - lowell / hsbc - 24-11-2014

[jay1983]

Received a claim? Yes
Issue Date: 24-11-2014
Amount approx: 2931.53
Claimant: lowell
Solicitor: bryan carter
Original Credit: hsbc

Particulars of Claim:
The claiments claim is for the sum of 2543.08, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and hsbc bank plc under account reference xxxxxxxxxxxxxxxx and assigned to the claimant on 06/07/2007, notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. And the claimant claims 2543.08. The claimant also claims statutory interest pusuant to S.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 203.45

Stat Barred?

Have sent:

Other Info:
Unknown if this debt is statute barred as last payment or acknowledgement was so long ago. No defaults showing on credit files.

[FlamingParrot]

Re: Court Claim - lowell / hsbc - 24-11-2014

Received a claim? Yes
Issue Date: 24-11-2014
Amount approx: 2931.53
Claimant: lowell
Solicitor: bryan carter
Original Credit: hsbc

Particulars of Claim:
The claiments claim is for the sum of 2543.08, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and hsbc bank plc under account reference xxxxxxxxxxxxxxxx and assigned to the claimant on 06/07/2007, notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. And the claimant claims 2543.08. The claimant also claims statutory interest pusuant to S.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 203.45

Stat Barred?

Have sent:

Other Info:
Unknown if this debt is statute barred as last payment or acknowledgement was so long ago. No defaults showing on credit files.

If it was assigned to Lowell in July 2007, that means you would have defaulted months earlier. Defaults only stay on file for six years so one recorded in 2007 would have dropped off last year. :thumb: The question is, did you make any payments after defaulting? :confused2:

If not, this would certainly be statute barred. :grin: :whoo:

Below are the basic steps normally taken upon receipt of a claim, which you need to acknowledge within 14 days. If you didn't make any payments after 2007, you could go ahead and submit a SBd defence, however, many people prefer to go through the motions and ask for documents, etc. to have a back-up plan in case the debt is not SBd.

An example SBd defence can be found here: http://www.legalbeagles.info/forums/...010#post496010

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

[jay1983]

Re: Court Claim - lowell / hsbc - 24-11-2014

Thanks for your help parrott.

I cant be 100% sure if we made a payment or not. We were in a debt management plan but I cant for the life of me remember when it was. I have searched bank statements and have a horrible feeling we last made a payment to the debt management company (payplan) on 3rd March 2009.
I cant be sure though as all it says is it was a standing order paid to RBS.

Should I still proceed with a Statute Barred defence?

[jay1983]

Re: Court Claim - lowell / hsbc - 24-11-2014

Im trying to log onto the moneyclaim website to defend this claim but its saying the claim number or password is not valid!!!!

What do i do now

[FlamingParrot]

Re: Court Claim - lowell / hsbc - 24-11-2014

Im trying to log onto the moneyclaim website to defend this claim but its saying the claim number or password is not valid!!!!

What do i do now

Have you already acknowledged service? That would be the first step, then you'd have a further 14 days to submit a defence.

See the notes below: http://www.justice.gov.uk/courts/nor...sked-questions

Defendant frequently asked questions

How do I file a response on MCOL?

You will need to register for a Government Gateway account on the MCOL homepage. Once you have logged in, you will then see an option to ‘Respond to a Claim made against you’ on the bottom right hand side of the page. Log into your claim here, using the claim number and password on your N1 claim form.
You must keep a note of your Government Gateway log in details, as you may not re-register and log into your claim from a different Government Gateway account.
My password doesn’t seem to be working – what should I do?

Ensure the CAPS lock key is off. Input the password exactly as it is printed on the claim form - it is case sensitive and it will not be recognised unless you input the exact combination of upper case letters, lower case letters and numbers. Ensure that you are reading the password correctly – e.g. if you see a character that looks like a ‘0’ (zero), it may be an upper case letter O.
Do I have to use MCOL to file my response or are there any other ways I can do this?

MCOL is only one way of responding to a claim. If you are having problems logging in, or would prefer not to use MCOL, you can fax, email or post your response to the Court instead. If you send your response by e mail please send it to MCOL@hmcts.gsi.gov.uk and ensure you quote “Claim response” in the subject field. If you are fully admitting to the claim then the admission form should be sent to the claimant directly and not to the court.

You may want to contact their helpdesk:

Please consider e-mailing your query to: MCOL@hmcts.gsi.gov.uk alternatively please telephone us on 0300 123 1057.

[FlamingParrot]

Re: Court Claim - lowell / hsbc - 24-11-2014

I cant be 100% sure if we made a payment or not. We were in a debt management plan but I cant for the life of me remember when it was. I have searched bank statements and have a horrible feeling we last made a payment to the debt management company (payplan) on 3rd March 2009.
I cant be sure though as all it says is it was a standing order paid to RBS.

Should I still proceed with a Statute Barred defence?

Have you sent the CCA and CPR request letters?

If so, you may have other back-up arguments to defend the claim if turns out not to be SBd. You could also send a part 18 request to find out the date of the last payment into the account.

If you sent the CPR request over 7 days ago, you should chase them for the documents and ask them to agree to an extension, this should give you more time to file a defence. :thumb:

[jay1983]

Re: Court Claim - lowell / hsbc - 24-11-2014

Have you sent the CCA and CPR request letters?

If so, you may have other back-up arguments to defend the claim if turns out not to be SBd. You could also send a part 18 request to find out the date of the last payment into the account.

If you sent the CPR request over 7 days ago, you should chase them for the documents and ask them to agree to an extension, this should give you more time to file a defence. :thumb:

Hi thanks for the reply.

Yes I have sent the requests to Lowell and Bryan Carter accordingly. In the end because we cant log onto the website we have sent the acknowledgement form and defence form via recorded post. It will have arrived before the 14 day period. On the defence form we stated that we were defending as we believe the debt to be statute barred

[jay1983]

Re: Court Claim - lowell / hsbc - 24-11-2014

Hope you all had a great xmas mashappy:

Update.......

Received acknowledgement from the court of my defence.

Today received a letter from BC Saying:

We are writing to formally confirm our clients intention to proceed with this matter.

We will send notification to the court shortly but before we do so our client is prepared to enter into negotiations to try and achieve a solution whereby both parties avoid further costs and expenses, and if necessary to mediate. The court encourages this type of negotiation between parties.

I have yet to hear from Lowell with respect to my request for the CCA.

What should be my next move?

Cheers guys

[jay1983]

Re: Court Claim - lowell / hsbc - 24-11-2014

Further update......

I have received an N180 form from the court asking if i agree to the case being referred to the small claims mediation service. Any advice on this?

Also i have still not heard back from Lowell with my CCA request.

Any advice greatly appreciated

[ncf355]

Re: Court Claim - lowell / hsbc - 24-11-2014

Hi Jay,

Although it often seems to be a waste of time, it's wise to agree to the mediation service so you can be seen by the court to be doing everything possible to keep the issue out of a court room, that way if there was ever a question of costs you have done everything you can to limit costs

[ncf355]

Re: Court Claim - lowell / hsbc - 24-11-2014

Re the CCA request, obviously the fact that they seem unable (or unwilling) to furnish you with a copy of the original agreement will not bode well and to my mind gives you another string to your bow

Have you considered an application to have their claim struck out as having no merit?

(Grounds: Statute barred and failure to supply a copy of the alleged agreement)

[jay1983]

Re: Court Claim - lowell / hsbc - 24-11-2014

thanks ncf

If i agree to mediation can i still defend the claim? Also what should i do with reference to Lowell not responding to my request?

Cheers

[ncf355]

Re: Court Claim - lowell / hsbc - 24-11-2014

Also, what did you actually ask for in your CPR request?

(I'm assuming the CCA request was separate, under S78 of the Consumer Credit Act 1974?)

[jay1983]

Re: Court Claim - lowell / hsbc - 24-11-2014

Re the CCA request, obviously the fact that they seem unable (or unwilling) to furnish you with a copy of the original agreement will not bode well and to my mind gives you another string to your bow

Have you considered an application to have their claim struck out as having no merit?

(Grounds: Statute barred and failure to supply a copy of the alleged agreement)

Hows that for timing lol

How can I apply to have it struck out?

[jay1983]

Re: Court Claim - lowell / hsbc - 24-11-2014

Also, what did you actually ask for in your CPR request?

(I'm assuming the CCA request was separate, under S78 of the Consumer Credit Act 1974?)

This was the content of the letter i sent to Lowell

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.