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Arrow Global / Shoosmiths / HSBC

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  • Arrow Global / Shoosmiths / HSBC

    Hi,

    I have tried to use the form but it kept giving me an error so all details are below.

    Received a claim: Yes
    Date of Issue: 1 Feb 2016
    Original Creditor: HSBC
    Issued By: Arrow Global
    Solicitors: Shoosmiths

    This is an overdraft

    Particulars:

    1. The claimants claim is for the sum of £xxxx being monies due from the defendant as a consequence of the defendant incurring an overdraft whilst operating a bank account (account no. xxxxxx/xxxxxxxx) with HSBC Bank plc.
    The debt was assigned to the claimant on xx/xx/2014 and notice of assignment provided to the defendant, pursuant to the Law of property act 1925.
    2. Payment of the above sum has been requested but as at the date hereof refused
    3. The claimant claims the sum of £xxxx
    4. C has complied, as far as necessary with the pre-action conduct practice direction

    I have not yet acknowledged and the debt is not statute barred.


    This was a student overdraft - I have had communication with Shoosmiths in November/December. They sent me an income/expenditure form but said if I didn't return it they would assess my offer to pay (at £100 a month) based on the information already provided. I didn't send the form back but rather than respond to my offer, they have just issued the claim.


    I do accept I owe the debt but I'll need about 4 months (till the 27th April) to get together enough cash to pay it off. At the moment I've got at least 2 months (28 days+5 if I say I'll defend, and then 28 days if judgment is granted). Any other ways to extend the time until the CCJ will stay for 6 years?
    Tags: None

  • #2
    Re: Arrow Global / Shoosmiths / HSBC

    If you are admitting to the claim, you can use form N9A (SDT), which should have been included in the pack sent by the court.

    If you haven't got it, or have lost it, see here.
    Last edited by charitynjw; 5th February 2016, 05:02:AM.
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    • #3
      Re: Arrow Global / Shoosmiths / HSBC

      Morning xx

      It will likely take more than 4 months before it comes to court if you defend, so if you want to avoid the CCJ and make a settlement then you can go through the process of defending the claim with a view ( in your mind) to negotiating an out of court settlement once you have the money together. If the claimant doesn't get his documents in order then it may be that you are able to negotiate yourself a lower full and final settlement figure.

      Just rather than admitting the debt now, putting in an offer to pay, having a CCJ stuck on your file for 6 years then paying it off in 4 months anyway.

      SO slightly a bit of game play....

      1) acknowledge claim
      2) send a CPR 31.14 request
      3) ask claimant to agree and extension of 28 days for them to get the documents together
      4) file defence
      5) they have 28 days to reply to that defence
      6) allocation etc ( takes a month usually)
      7) it'll be end of April and you should be able to negotiate out of court settlment at that point...

      ?

      Just an idea.

      Statute barring is out I'm afriad as the clock stops once court action is filed.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment

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      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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