Letter from Solicitor requesting payment on behalf of a debt collector

[mattjunior]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

No worries

In an ideal world you would have done things to prevent a claim. Those same steps may well be the same things you can do after you've received a claim which could prevent them from getting a CCJ against you.

Think positive.

At the beginning of this thread there is reference to a loan and an overdraft on a current account.

So what is the Claimant claiming - an amalgamation of the two?

Di

Hello,

Bear in mind I don't recall exact amounts as the original debt is 10 years old.

HSBC closed a Graduate overdraft Account (the referenced account) and an unsercured personal loan of, I think, 4 or 5 thousand. Threw some charges on top and gave it to Moorcroft or some such debt recovery agent. Yes, it is an amalgamation.

Thank you

Matt

- - - Updated - - -

Hi Matt

As Charity says
1) Acknowledge the claim - this can be done online and tick defend in full

2) Send the CCA request

3) Send the CPR request. Remember on a CPR request you can only ask for documents mentioned in the particulars of claim. It might help if you were to type out the exact wording of the POC so any advice is appropriate

4) Send a Subject Access Request to HSBC. You will need to include the fee of £10 for that one

here is a template provided by Mike on another thread

1. Is this the website that needs my government gateway ID, if so I have seen a guide somewhere on here.

2. CCA to Arrow?

3. CPR to Restons?

4. Is the £10 a postal order?

Thanks,

Matt

[charitynjw]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

- Updated - - -
1. Is this the website that needs my government gateway ID, if so I have seen a guide somewhere on here.
Yep - http://legalbeagles.info/forums/show...it-Court-Claim - post #2

2. CCA to Arrow? Yep (+£1 fee)

3. CPR to Restons? Yep

4. Is the £10 a postal order? Probably best & easiest, though other payment methods can sometimes be arranged.

Thanks,

Matt

####

[Diana M]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

1. Is this the website that needs my government gateway ID, if so I have seen a guide somewhere on here.

2. CCA to Arrow?

3. CPR to Restons?

4. Is the £10 a postal order?

Hello Matt

I can see it's over a week since you received your claim and the forum advised you what letters to send etc. You really need to get on with this because every day counts with litigation especially if you're requesting information and documents which could make or break your case.

Have you now filed your AOS?

Di

[mattjunior]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Thanks to both of you!

I have just filed the AOS and said I intend to defend in full.

The original issue date was 28th April.

Regarding the CPR. What date to I put for when i will submit my defence?

Also, The POC only states the following:

Claimain claims payment of the overdue balance due from the defendant under a contract between the defendant and HSBC. date on or about Aug 14 2007 and assigned to the claimant on Jan 30 2013

Particulars: A/c no -xxxxx/xxxxxxxx

Date: 03/03/2017 Default balance £xxxx.xx
Post refl Cl NIL
Total £xxxx.xx

So What documents do i ask for in the CPR please? I'll include a copy of the CCA for reference.

Almost there :-)

[mattjunior]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

If the Claim was issued on 28/04/17, what date do I put for filing my defence on the CPR request? I've provisionally put 26/05 as thats 28 days.
Not sent yet, doing that in the morning. All other letters printed and ready to go (CCA plus copy to go with CPR, SAR)

I logged into moneyclaim and submitted AOS on 10/05/17

Thanks x

(letters are printed

[warwick65]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

You have an extra 5 days for service so atotal of 33 days from the date on the claim form. I make that 31st may

[charitynjw]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Me too!

[mattjunior]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Ok, so it's the 31st.

i have had a response from HSBC on 19/05/17 saying they will look into their records, wait 40 days.

I have a letter from Arrow (i work away, only seen it yesterday) dated 23/5/17

They "do not accept that we are the creditor as envisaged by the above statute. however, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor in due course. We confirm that all collection activity will be suspended pending provision of the documents." - They returned the postal order.

Restons have not responded to the CPR request as yet.

Defence is due to be submitted, what next? :-)

[warwick65]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

That is a normal response from Arrow and I really don't understand how they get away with it

You must submit your defence within the time the courts specify - on hold means nothing

[mattjunior]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

What do i say to the court?

[charitynjw]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Your defence, as pointed out in mid May, was due to be filed 31st May.

That was yesterday.

Delay is a very unwise thing in litigation nowadays, especially failing to meet court deadlines.

http://legalbeagles.info/forums/show...t-Court-Claims

Use the above example, tweak to suit your situation, send it to court electronically.

& pray.....

[mattjunior]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Thank you

[mattjunior]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Ok i will send the template as is, except for section 12. Niether option accurately described the situation. Both claimant and solicitor are denying the legislations apply. but both have agreed to 'suspend' collection activity until Arrow find the documentation.

Does this wording satisfy that?

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined under the Act itself, stating they do not believe they are required to do so. However, both have ‘suspended’ collection activity whilst Arrow global request the documentation from the original creditor.

[Amethyst]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

It's confusing two issues there - 1) that they are the creditor under the CCA ( they are see sec 189 for definition of creditor) 2) that they haven't agreed a court extension

Maybe try;

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to formally respond to that request.

Then on the other issue....

13: The Claimant has denied that they are the Creditor as evisaged by the Consumer Credit Act 1974 and contend they have no requirement to produce a copy of the orginal credit agreement. However S.189 of the CCA 1974 states
“creditor” means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;
Should the Claimant consider themselves not to be the Creditor under the Consumer Credit Act 1974 then I am uncertain why they have brought this claim in their own name.



or something along those lines anyway...

[mattjunior]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

It's confusing two issues there - 1) that they are the creditor under the CCA ( they are see sec 189 for definition of creditor) 2) that they haven't agreed a court extension

Maybe try;

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to formally respond to that request.

Then on the other issue....

13: The Claimant has denied that they are the Creditor as evisaged by the Consumer Credit Act 1974 and contend they have no requirement to produce a copy of the orginal credit agreement. However S.189 of the CCA 1974 states
“creditor” means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;
Should the Claimant consider themselves not to be the Creditor under the Consumer Credit Act 1974 then I am uncertain why they have brought this claim in their own name.



or something along those lines anyway...

Thank you, defence submitted electronically using the templeate provided by charity and using amendments suggested by amethyst. I did not make a counterclaim.

Thank you so much.