Court summons while living abroad, limited time to respond

[HungarySam]

- I just realised I initially accidentally posted this in the welcome thread - sorry for re-posting.

Received a claim? Yes
Issue Date:
Amount approx: 1500
Claimant: Hoist Portfolio Holding 2 Limited (HPH2 Ltd) /Robinson way Ltd
Solicitor: Howard Cohen and Co
Original Credit: HSBC Ltd

Amount claimed: £1089 - original debt
£70 - Court Fee
£80 Court costs
£343 - Interest
0.27 interest per day after the court hearing.
Origin of the debt - Overdraft.
Approximate date: 2012


Additional information: Hello everyone, I have been notified of a court summons and am having difficulty understanding what the best course of action is. I apologise if I have not written this post in the correct format, but I will explain the situation first.

I am British but have been living and working in Hungary for three years, I have no assets in the UK and it is likely I will return at some point. Recently a family member has been receiving post for me, I told them to save it for me until a later date but the frequency started to increase and eventually they opened some of it. This was actually quite fortunate as the final letter was an imminent court date. I acknowledged this with two days to spare, then have been panicked by it for a week and I now have a week left. I have not ever lived at the address the mail was sent to, but I did register my drivers licence there which is how I assume it was

While I know that I had the debt with HSBC (at the time I was a student, because I had not paid enough money into the account they closed it while I was away carrying out fieldwork and demanded the full amount to be paid back, it had not exceeded its overdraft limit - I should have complained about this at the time, but other other than in the branch at the time I didn't). The account (so I assume any credit agreement) would have be signed in the early 2000's. Because of my current location I have no access to old paperwork to back this up.

I am unsure of the following:
1. If the total amount is correct - I suspect I had paid some of it off with them but cannot be sure.
2. Is there any action I can take to dispute the total amount.
3. What interest charges are they entitled to add - I have tried to read about this but I don't quite understand.
4. Do I still have any time to do anything about this?

I have tried to obtain my statutory credit report to find more out about the debt, but because I have not had a UK address for three years it didn't work. It was approximately 2012.

I am very grateful for any assistance,

Thanks.

[nemesis45]

Re: Court summons while living abroad, limited time to respond

Good morning Sam, welcome to LB,

What is the issue date of this claim? Has service of the claim been acknowledged?

There is only a limited time (14 days) to acknowledge a claim.

nem

- - - Updated - - -

Good morning Sam, welcome to LB,<br><br>What is the issue date of this claim?&nbsp; Has service of the claim been&nbsp; acknowledged?<br><br>There is only a limited time (14 days) to acknowledge a claim.<br><br>nem<br>

[HungarySam]

Re: Court summons while living abroad, limited time to respond

Hi nem, thanks for your reply.

The issue date of the claim was 12th September. I acknowledged it so now only have until the 10th of October to respond now.

[nemesis45]

Re: Court summons while living abroad, limited time to respond

Hi nem, thanks for your reply.

The issue date of the claim was 12th September. I acknowledged it so now only have until the 10th of October to respond now.

Ok,

On you other points the interest I think is that allowed by the County Courts Act charged on a daily basis.

When was the last transaction e.g. the last time anything was paid into the account?

Do you intend to defend the claim Sam?

You could enter a defence on the fact there is not enough details in the particulars of the claim i.e. how the claimant has arrived at the at the figure of £1009.00,
Has there been any post from HP or Robinson Way about this?

nem

- - - Updated - - -

Hi nem, thanks for your reply.

The issue date of the claim was 12th September. I acknowledged it so now only have until the 10th of October to respond now.

Ok,

On you other points the interest I think is that allowed by the County Courts Act charged on a daily basis.

When was the last transaction e.g. the last time anything was paid into the account?

Do you intend to defend the claim Sam?

You could enter a defence on the fact there is not enough details in the particulars of the claim i.e. how the claimant has arrived at the at the figure of £1009.00,
Has there been any post from HP or Robinson Way about this?

nem

[HungarySam]

Re: Court summons while living abroad, limited time to respond

Hi,

I don't have access to any mail from the mentioned companies unfortunately.

The last transaction would have been in the early months of 2012.

I am unsure on whether I have any basis to defend the claim.. It doesn't seem that I have been given adequate notice of this, but I understand that they do not even need to send the summons to the correct address. I cannot confirm or if the amount is correct, I do not even know if they have the correct documents to proceed.

This is very much unfamiliar ground for me, if I defend the claim and loose, what level of increased costs can I be liable for?

[nemesis45]

Re: Court summons while living abroad, limited time to respond

Playing devils advocate her if you hadn't acknowledged service you could have ignored it and later applied for any judgement to be set aside at a later date.
Put a covering defence on the basis that you cannot confirm the amount claimed and do not have access to any documentation re the amount claimed.

Most of the usual preaction protocols are not applied to claims via the Northampton County Court Business Centre but is usual to send a letter before claim.

Most of this I suspect is fees and charges.

This is small claim track matter the " cost" are those stated on the claim form nothing else is added.

Can you pay this claim to avoid a CCJ ?

nem

[HungarySam]

Re: Court summons while living abroad, limited time to respond

Yes, in retrospect I could have not acknowledged it.

I could pay, but the amount of £1500 represents slightly more than two full months wages so to do so would be a significant set back to me.

So is it possible to defend based on not having enough information on whether the amount is correct?

[nemesis45]

Re: Court summons while living abroad, limited time to respond

Yes, in retrospect I could have not acknowledged it.

I could pay, but the amount of £1500 represents slightly more than two full months wages so to do so would be a significant set back to me.

So is it possible to defend based on not having enough information on whether the amount is correct?

Hello Sam,

You could try making the claimant an offer of just the debt minus the costs it might suit them especially if the know you are living abroad and have no assets in the uk.

nem

[Diana M]

Re: Court summons while living abroad, limited time to respond

I am unsure on whether I have any basis to defend the claim.. It doesn't seem that I have been given adequate notice of this, but I understand that they do not even need to send the summons to the correct address. I cannot confirm or if the amount is correct, I do not even know if they have the correct documents to proceed.

Have you considered sending a s 77/78 CCA Request?

You say you think it might be a HSBC overdraft but what does it say on the POC? Post them on the thread with all your personal details removed.

The Claimant will have 12 + 2 days to comply with your CCA Request so you won't be able to use 'non compliance' in your Defence due to be filed by 10th October (although I see no harm in you mentioning it's been sent) but you may be able to refer to it (non compliance) in your WS later on.

You could also also send a CPR 31.14 Request on the same basis. The Claimant needs to prove they own the debt and that all statutory processes were completed (such as the DN etc).

If you've received the summons then make sure whoever lives at that address lets you know of any responses you receive.

Did you have any other financial products with HSBC? They had a habit of amalgamating customers accounts before selling them on which can sometimes muddy the waters (for them).

Di

[Diana M]

Re: Court summons while living abroad, limited time to respond

I could pay, but the amount of £1500 represents slightly more than two full months wages so to do so would be a significant set back to me.

So is it possible to defend based on not having enough information on whether the amount is correct?

If you file a Defence (one of the Beagles can help you with that using the forum's template) then you ought to get the opportunity to have free telephone Mediation provided by the court.

If you have a UK mobile number where you are currently living then that can still take place even though you are overseas.

You can also elect for someone to handle the telephone Mediation on your behalf.

A Mediation settlement is not a CCJ although it is still legally binding.

If you want to make an offer then it may be best to do this after you've filed your Defence so you've got some bargaining power.

Di

[Diana M]

Re: Court summons while living abroad, limited time to respond

Playing devils advocate her if you hadn't acknowledged service you could have ignored it and later applied for any judgement to be set aside at a later date

Making an application for a set aside of a CCJ (Default Judgment) on the basis that the summons wasn't received when it was received would be a lie.

Any such set aside application would need to accompanied by a detailed factual signed and sworn Witness Statement. Lying in a WS would be contempt of court.

Di

[HungarySam]

Re: Court summons while living abroad, limited time to respond

Have you considered sending a s 77/78 CCA Request?

You say you think it might be a HSBC overdraft but what does it say on the POC? Post them on the thread with all your personal details removed.

The Claimant will have 12 + 2 days to comply with your CCA Request so you won't be able to use 'non compliance' in your Defence due to be filed by 10th October (although I see no harm in you mentioning it's been sent) but you may be able to refer to it (non compliance) in your WS later on.

You could also also send a CPR 31.14 Request on the same basis. The Claimant needs to prove they own the debt and that all statutory processes were completed (such as the DN etc).

If you've received the summons then make sure whoever lives at that address lets you know of any responses you receive.

Did you have any other financial products with HSBC? They had a habit of amalgamating customers accounts before selling them on which can sometimes muddy the waters (for them).

Di

Hi,

I had no other products with HSBC at the time.

I'm not sure which document the POC is, but when phoning them they stated it was an overdraft.

I called them and spoke to their legal department to ask for proof or evidence that this is my debt. They said that they didn't have this and would have to apply to HSBC for this. I then spoke to the H Cohn who stated that I would need to submit the request through the court papers.

Is it possible to ask for more time to resolve this?

If I sent a 77/78 CCA Request and CPR 31.14 Request (because I would like to see evidence that this is my debt) can I loose this defense and become liable for more money - eg costs?

Thank you for your help. I am struggling considerably with this.

[nemesis45]

Re: Court summons while living abroad, limited time to respond

Hi,

I had no other products with HSBC at the time.

I'm not sure which document the POC is, but when phoning them they stated it was an overdraft.

I called them and spoke to their legal department to ask for proof or evidence that this is my debt. They said that they didn't have this and would have to apply to HSBC for this. I then spoke to the H Cohn who stated that I would need to submit the request through the court papers.

Is it possible to ask for more time to resolve this?

If I sent a 77/78 CCA Request and CPR 31.14 Request (because I would like to see evidence that this is my debt) can I loose this defense and become liable for more money - eg costs?

Thank you for your help. I am struggling considerably with this.

Good morning,

You need to make a formal request for an extension of time to file ( max 28 days) to Cohen if agreed you must then inform the court of the agreed extension.

Try phoning Cohen about this make a note of all that is said or better still record the call if you can.

nem

[Diana M]

Re: Court summons while living abroad, limited time to respond

I'm not sure which document the POC is, but when phoning them they stated it was an overdraft.

I called them and spoke to their legal department to ask for proof or evidence that this is my debt. They said that they didn't have this and would have to apply to HSBC for this. I then spoke to the H Cohn who stated that I would need to submit the request through the court papers.

Is it possible to ask for more time to resolve this?

If I sent a 77/78 CCA Request and CPR 31.14 Request (because I would like to see evidence that this is my debt) can I loose this defense and become liable for more money - eg costs?

Thank you for your help. I am struggling considerably with this.

No need to struggle

This forum has a template Defence which you'll be guided to. You say your claim was issued on 12th September so you have 33 days from then to file your Defence.

You've already sent a CCA Request (what date was that sent?) and you've been told by Howard Cohen that they don't have the documents. Ditto their response to your CPR 31.14 Request.

It would have been better to have got that in writing so stay off the phone from now on because you need a paper trail for your Witness Statement if things get that far.

If the Claimant can't produce the paperwork then they'll have difficulty enforcing the debt. That will probably be part of your Defence.

I'm not sure you need more time. Why not nip it in the bud with a Defence tout de suite while they haven't got what they need to successfully proceed with their claim

If you give them too much time they may come up with something.

Di

[HungarySam]

Re: Court summons while living abroad, limited time to respond

No need to struggle

This forum has a template Defence which you'll be guided to. You say your claim was issued on 12th September so you have 33 days from then to file your Defence.

You've already sent a CCA Request (what date was that sent?) and you've been told by Howard Cohen that they don't have the documents. Ditto their response to your CPR 31.14 Request.

It would have been better to have got that in writing so stay off the phone from now on because you need a paper trail for your Witness Statement if things get that far.

If the Claimant can't produce the paperwork then they'll have difficulty enforcing the debt. That will probably be part of your Defence.

I'm not sure you need more time. Why not nip it in the bud with a Defence tout de suite while they haven't got what they need to successfully proceed with their claim

If you give them too much time they may come up with something.

Di

Sorry, it appears a typo changed the context of my last sentence - it should have read 'if I send'. My conversations with Robinson Way and Cohn regarding documents were both on the phone yesterday.

I have not sent those request documents yet, although I will do now.

So the potential course of action would be to send the two requests, then file a defense (regardless of the allocated time frame for response to the requests not being elapsed?)

Thank you very much for your help.