Court claim for overdraft

[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.

[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.

[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

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

[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

[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