HSBC/First Credit DCA Overdraft court claim Please HELP

[freemason2012]

Hi Guys.

Just got a CCBC claim form got 10days to respond.

dates as follows:

Overdraft facility with HSBC
512/13 alleged default
28/10/14 Debt assigned to First Credit
Notice of assignment sent out
Claimant claims £2122+court fees.

im a house wife. no real income with five children. Ive asked for a settlement figure but they wont budge. What steps shall i take to ge the information and to possiblly defend if there are problems with there claim?

Thanks

[FlamingParrot]

Re: HSBC/First Credit DCA Overdraft court claim Please HELP

Welcome aboard

You will find full instructions of how to respond here: You need to acknowledge the claim and tick the box saying you intend to defend the whole claim. You should be able to do it online using the p/w printed on your claim form. You'll find full instructions here: http://www.legalbeagles.info/forums/...it-Court-Claim

As this is an overdraft, the CCA request referred to in step 2 does not apply, so don't send it, but do send the CRP 31/14 letter.

Out of interest, when you say above 'alleged default 5/12/13', when was this account actually terminated?

[freemason2012]

Re: HSBC/First Credit DCA Overdraft court claim Please HELP

Hi Thanks for thr advise. I will send the 31.14 letter. The account was closed down sometime ago as there was not enough activity on the account. Will this make a difference.

[FlamingParrot]

Re: HSBC/First Credit DCA Overdraft court claim Please HELP

Hi Thanks for thr advise. I will send the 31.14 letter. The account was closed down sometime ago as there was not enough activity on the account. Will this make a difference.

Just trying to find out whether the account was terminated over six years ago in which case it could be statute barred.

[nemesis45]

Re: HSBC/First Credit DCA Overdraft court claim Please HELP

Hi Thanks for thr advise. I will send the 31.14 letter. The account was closed down sometime ago as there was not enough activity on the account. Will this make a difference.

As this is an OD the LA 1980 6 year period starts the date when the creditor is entitled

" Demand Payment in full immediately, e,g. when you first receive such a demand or a " Final Demand For Payment".

Did you get any such letters?

nem

[freemason2012]

Re: HSBC/First Credit DCA Overdraft court claim Please HELP

I do remeber receiving this but it was less than 6 years.

[nemesis45]

Re: HSBC/First Credit DCA Overdraft court claim Please HELP

Hello Freemason,

Is there any dispute about the account?

A quick check on credit reference files may confirm the default date,. try Noddle ( Call Credits) Free online service.

nem

[freemason2012]

Re: HSBC/First Credit DCA Overdraft court claim Please HELP

Hi Guys. Its been 7days since i sent out the CPR31.14 email to moon beever. They have sent me two letters. 1. letter from HSBC informing me the debt has been sold to 1st Credit. 2. A letter from 1st credit saying the same. I have not received the contract/agreement, default notice or notice of termination. Its been 7 days and they have not asked for more time or an extension. can i now write to the court to strike out the claim?

[nemesis45]

Re: HSBC/First Credit DCA Overdraft court claim Please HELP

CPR 31.14 is likely to be declined on the grounds that the claim will be allocated to the " small claims track".
What you have received are Notices of Assignment
required by the CCA 1974.
What exactly did you write when seeking a settlement one might expect the claimant to state
the debt is not statute barred if the letter can be construed as an admission of liability.

Have you check credit files as suggested earlier.

nem

[FlamingParrot]

Re: HSBC/First Credit DCA Overdraft court claim Please HELP

Hi Guys. Its been 7days since i sent out the CPR31.14 email to moon beever. They have sent me two letters. 1. letter from HSBC informing me the debt has been sold to 1st Credit. 2. A letter from 1st credit saying the same. I have not received the contract/agreement, default notice or notice of termination. Its been 7 days and they have not asked for more time or an extension. can i now write to the court to strike out the claim?

You could try asking them to agree to a 28 day extension as allowed by CPR 15.5. As a defendant, it is your responsibility to inform the court of the agreement.

Strike out is a last resort where there is no other applicable remedy.

As this is an overdraft, there wouldn't be a credit agreement as such, it would have been a current account, so you couldn't look at defects with the agreement which could make it unenforceable, nor could you argue non-compliance with a request under s.77/79 of the CCA in your defence. If the overdraft was recalled by the bank less than six years ago, it wouldn't be SBd. You have already received the notice of assignment. If there is no further reason to dispute the account, you may consider settlement via a Tomlin order to avoid a CCJ on record.