Court claim for overdraft

[pawlik]

Hello All,

I am worried and need some advice

I used to have a overdraft with a bank since 2004 which was closed down due to the bank charges taking me over the agreed overdraft limit. I agreed a payment plan via a debt charity with the bank but the account was sold on to a debt collector. For a few months I was paying them the debt collector agency, I stopped paying after making a subject access request to the bank to find that the notice of assignment with the bank letterhead was not issued by the bank. I then made a CCA request for the overdraft which the DCA have stated that it is not valid for current accounts. I made a request for letter of determination which was also rejected. Statements have been supplied

The debt collection agency have now filed a court claim against me which I have acknowledged to defend. I do not want to go to court as this default will drop off my credit file in 2 years time. Is there anything I can do?

[nemesis45]

Re: Court claim for overdraft

Hello All,

I am worried and need some advice

I used to have a overdraft with a bank since 2004 which was closed down due to the bank charges taking me over the agreed overdraft limit. I agreed a payment plan via a debt charity with the bank but the account was sold on to a debt collector. For a few months I was paying them the debt collector agency, I stopped paying after making a subject access request to the bank to find that the notice of assignment with the bank letterhead was not issued by the bank. I then made a CCA request for the overdraft which the DCA have stated that it is not valid for current accounts. I made a request for letter of determination which was also rejected. Statements have been supplied

The debt collection agency have now filed a court claim against me which I have acknowledged to defend. I do not want to go to court as this default will drop off my credit file in 2 years time. Is there anything I can do?

Hi Welcome to LB.


The issue of a claim stops the Statute Barred Clock on the day it's issued.
A CCJ will remain on credit files for 6 years from the date of the judgement.

It is correct there is no regulated agreement for a current account/OD.


What made you think that a the NOA with the banks heading justified stopping payments?

To clarify an NOA can be sent either by the creditor and/or the debt purchaser, and as
these debts are sold in huge portfolio lots many creditors authorise the debt purchaser
to send DN's NOA's on their behalf is accepted practice and has no impact on the debt
or the claim now issued.

The creditor (bank) would have issued a Demand for Immediate Repayment In Full and then A Final Demand for payment .

What is the statement /particulars of claim (POC)?

Either post a redacted copy of the NI claim form or type it verbatim here please.

When exactly did your payments cease?
Which Bank?

Which company now owns the debt?

nem

[pawlik]

Re: Court claim for overdraft

Hi Nem and thanks for your response. The bank was HSBC, the dca is Cabot and Restons are the solicitors. Last payment was made in November 2014 after I got SAR documents from HSBC

The POC states

The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between defendants and HSBC bank dated on or about August 2005 and assigned to the claimant on March 2014.

Account number/sort code
Default balance
Total £3000

[pawlik]

Re: Court claim for overdraft

Can somebody please help me? Would it be wise to make an offer of settlement as I want to avoid a ccj?

[nemesis45]

Re: Court claim for overdraft

Hi Nem and thanks for your response. The bank was HSBC, the dca is Cabot and Restons are the solicitors. Last payment was made in November 2014 after I got SAR documents from HSBC

The POC states

The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between defendants and HSBC bank dated on or about August 2005 and assigned to the claimant on March 2014.

Account number/sort code
Default balance
Total £3000

Ok Is the " contract" the only document mentioned in the POC?

Who is the claimant?
Which solicitors issued the claim.

nem

[pawlik]

Re: Court claim for overdraft

Hi nem "contract" is the only thing mentioned in the POC. Claimant is Cabot and Restons are the solicitors. CPR request is being posted this week.

[pawlik]

Re: Court claim for overdraft

Ok Is the " contract" the only document mentioned in the POC?

Who is the claimant?
Which solicitors issued the claim.

nem

Hi Nem the word "contract", account number /sort code and default balance are the only things mentioned. Cabot are the claimants and Restons the solicitors. CPR request will be posted this week.

[nemesis45]

Re: Court claim for overdraft

Hi Nem the word "contract", account number /sort code and default balance are the only things mentioned. Cabot are the claimants and Restons the solicitors. CPR request will be posted this week.

.
My guess is Reston will attempt to decline the CPR request as this is an OD but they have stated contract so it's worth pushing this when they to respond.
nem

[pawlik]

Re: Court claim for overdraft

.
My guess is Reston will attempt to decline the CPR request as this is an OD but they have stated contract so it's worth pushing this when they to respond.
nem

Hi nem,

Thanks for your response. I will send the CPR end of this week and will wait for their response.

[nemesis45]

Re: Court claim for overdraft

Hi nem,

Thanks for your response. I will send the CPR end of this week and will wait for their response.

I'll forward to hearing the response!!

nem

[pawlik]

Re: Court claim for overdraft

I'll forward to hearing the response!!

nem

I got the following response to the CPR request

You would have been provided with a copy of the contractual T&C's at the time the account was opened and hence we see no reason why you now require an additional copy.

[FlamingParrot]

Re: Court claim for overdraft

I used to have a overdraft with a bank since 2004 which was closed down due to the bank charges taking me over the agreed overdraft limit. I agreed a payment plan via a debt charity with the bank but the account was sold on to a debt collector. For a few months I was paying them the debt collector agency, I stopped paying after making a subject access request to the bank to find that the notice of assignment with the bank letterhead was not issued by the bank. I then made a CCA request for the overdraft which the DCA have stated that it is not valid for current accounts. I made a request for letter of determination which was also rejected. Statements have been supplied

The debt collection agency have now filed a court claim against me which I have acknowledged to defend. I do not want to go to court as this default will drop off my credit file in 2 years time. Is there anything I can do?

My guess is Reston will attempt to decline the CPR request as this is an OD but they have stated contract so it's worth pushing this when they to respond.
nem

It is true that a CCA request does not apply to current accounts, however, that's no reason to decline the CPR request which is not related to the Consumer Credit Act but the Civil Procedure Rules which say that a party may inspect a document mentioned in a statement of case. Requests are most commonly declined arguing it'll go to small claims. :mmph:

I got the following response to the CPR request

You would have been provided with a copy of the contractual T&C's at the time the account was opened and hence we see no reason why you now require an additional copy.

That's utter rubbish, the reason lies in the CPRs themselves: http://www.justice.gov.uk/courts/pro...s/part31#31.14

Documents referred to in statements of case etc.

31.14
(1) A party may inspect a document mentioned in –
(a) a statement of case;

Although rather sparse, their statement of case mentions 'a contract' and 'assignment', therefore you have the right to inspect these documents as noted above.

The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between defendants and HSBC bank dated on or about August 2005 and assigned to the claimant on March 2014.

[pawlik]

Re: Court claim for overdraft

It is true that a CCA request does not apply to current accounts, however, that's no reason to decline the CPR request which is not related to the Consumer Credit Act but the Civil Procedure Rules which say that a party may inspect a document mentioned in a statement of case. Requests are most commonly declined arguing it'll go to small claims. :mmph:


That's utter rubbish, the reason lies in the CPRs themselves: http://www.justice.gov.uk/courts/pro...s/part31#31.14

Although rather sparse, their statement of case mentions 'a contract' and 'assignment', therefore you have the right to inspect these documents as noted above.

Thanks for the quick response flamingparrot.... Where do I go from here then?

[FlamingParrot]

Re: Court claim for overdraft

Thanks for the quick response flamingparrot.... Where do I go from here then?

If you've still got time before your defence is due, you may consider replying to their letter saying that you are entitled to inspect any documents mentioned in the particulars of claim and quoting the rule I mentioned above. I'd also say that they should have been in possession of the documents they intend to rely on before issuing a claim. You could also add that you need the documents to prepare your defence and, since they haven't provided them, you would like them to agree to a 28 day extension as allowed by CPR 15.5, to file your defence.

See what they say, if they still refuse to comply and your deadline approaches, you can submit the generic defence based around not having received any documents. :thumb:

[nemesis45]

Re: Court claim for overdraft

Thanks for the quick response flamingparrot.... Where do I go from here then?

Reply to Reston.

Sir /madam

I refer to Your letter dated........... in response to my request made under the provisions of Civil Procedure Rule 31.14 foe inspection of the documents mentioned in the particulars of Claim No..............:

I am sure you are quite aware that CPR31.14 remains applicable to this claim until it is actually allocated to the small claims track therefore I will expect too receive the documents by return of post.

Restons is also reminded that it should have in its possession the documents to support the claim prior to issuing a claim.

Signed for post pawlik.

nem