Tweet
Hello, I might have left this too late but I received a claim form from CCBC back in October & I really need some help as to what I need to request for CPR 31.14.
below is the Particulars of Claim dated 18 October 2016:
This claim is for the sum of £424.10 in respect of monies owing pursuant to an overdraft facility, personal loan and credit card arrears under account no XXXXX/XXXXXXXX
The debt was legally assigned by CL Finance Limited (ex-HSBC) to the Claimant and notice has been served. The Defendant has failed to repay overdrawn sums owing under the terms and condition of the bank account.
The Claimant claims
This is actually an old HSBC bank account which was closed by HSBC back in 2007 due to OD. Back in 2007 HSBC paid me about £4k for bank charges for this particular account. Since then I have left the account as zero ( I have opened Alliance & Leicester acc at the time) with an OD facility which on hindsight I should have ask for the OD facility to be stop. I can't remember for what reason HSBC took out money from this account which led me to be overdraft. I can't remember if it to pay for mortgage or credit card. Back in 2008 I did request them to tell me the transactions that led to the now OD account but received no respond.
What I can see from the POC above is that on the 1st sentence they throw at OD, personal loan & credit card but then later they said its an OD. My question is what do I ask to see for the CPR 31.14? An agreement since they said its a personal loan and a credit card? Detailed transactions on statement stating the OD? I have read the CPR 31.14 thread but in there it stated if POC mentioned contract/agreement then ask for it, if mentioned default then ask for default. On this POC though the Claimant didn't mentioned agreement just random .. how do i disect the POC?
I would be grateful for a guidance on the CPR request please.. thanks.
Zhanzhibar
below is the Particulars of Claim dated 18 October 2016:
This claim is for the sum of £424.10 in respect of monies owing pursuant to an overdraft facility, personal loan and credit card arrears under account no XXXXX/XXXXXXXX
The debt was legally assigned by CL Finance Limited (ex-HSBC) to the Claimant and notice has been served. The Defendant has failed to repay overdrawn sums owing under the terms and condition of the bank account.
The Claimant claims
- The sums of £424.10
- Interest pursuant to S69 of the County Court Act 1984 at a rate of 8.00 percent from 17/10/10 to the date hereof 2188 days is the sum of £203.48
- Future interest accruing at the daily rate of £0.09
- Costs
This is actually an old HSBC bank account which was closed by HSBC back in 2007 due to OD. Back in 2007 HSBC paid me about £4k for bank charges for this particular account. Since then I have left the account as zero ( I have opened Alliance & Leicester acc at the time) with an OD facility which on hindsight I should have ask for the OD facility to be stop. I can't remember for what reason HSBC took out money from this account which led me to be overdraft. I can't remember if it to pay for mortgage or credit card. Back in 2008 I did request them to tell me the transactions that led to the now OD account but received no respond.
What I can see from the POC above is that on the 1st sentence they throw at OD, personal loan & credit card but then later they said its an OD. My question is what do I ask to see for the CPR 31.14? An agreement since they said its a personal loan and a credit card? Detailed transactions on statement stating the OD? I have read the CPR 31.14 thread but in there it stated if POC mentioned contract/agreement then ask for it, if mentioned default then ask for default. On this POC though the Claimant didn't mentioned agreement just random .. how do i disect the POC?
I would be grateful for a guidance on the CPR request please.. thanks.
Zhanzhibar
Comment