Court Claim advice CCA request & CPR 31.14 request

[Jay_O_Doom]

Hi,

I've recently received a Court Claim form at my old address. I'm trying to follow the advice I've picked up from this site so far and have come to the CCA request and CPR 31.14 request letters. Do I send these directly to the Claimant or should I send this to their solicitor, bearing in mind the Claim Form gives a solicitor's address for sending documents and payments.

I intend to defend the claim in full on the basis that the debt is statute barred. I do not believe I have acknowledged the debt or made any payments in the last 6 years. However, I'm not sure how to go about making sure as I've switched banks a number of times since then.

I have acknowledged the claim already.

Any help or advice would be much appreciated.

[MIKE770]

Re: Court Claim advice CCA request & CPR 31.14 request

CCA to claimant £1.00 Postal order Recorded Delivery

CPR31.14 to solicitors no fee RecordedDelivery

- - - Updated - - -

CCA Request || CPR 31.14 Request

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

Thanks

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

If I attempt to defend this on the basis that the debt is Statute Barred, and I lose, what possible outcomes could there be (e.g. immediate payment of full amount, installment plan, seizure of goods)? I don't really know anything about any of this and I don't know how I could ever be certain the debt is Statute Barred.

[charitynjw]

Re: Court Claim advice CCA request & CPR 31.14 request

The applicable dates for SB will depend on what the alleged debt is for. (Credit card, loan, overdraft, utility/mob phone bill etc).

The amount being claimed will impact on the potential outcomes of a claim.

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

The debt is an old credit card debt. Here's the details of the Claim:-

Issue Date: 08 May 2017
Amount approx: 2355.92 inc. fee and costs
Claimant: Arrow Global Limited
Solicitor: Restons Solicitors Limited
Original Creditor: HSBC
Particulars of Claim: The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HSBC dated on or about Aug 19 2003 and assigned to the Claimant on Mar 28 2014
DATE ITEM VALUE
10/03/2017 Default Balance 2170.92
Post Refrl Cr NIL

TOTAL 2170.92

Is the debt Statute Barred? Unknown but I think it might be. I haven't acknowledged the debt or made any payments for a long time but I'm not sure exactly how long.
List any letters you have sent: None yet. Sending CCA and CPR 31.14 tomorrow
Any Other Info: The Claim Form was sent to my previous address and forwarded to me. Restons Solicitors have been calling me at work but I have refused to give them personal details until they explain what they're calling about but they refuse.

[charitynjw]

Re: Court Claim advice CCA request & CPR 31.14 request

Ok re CCA & CPR 31.14 requests.
Re the latter, if it were me I'd ask for an accurate copy of the contract, the Notice of Assignment, the Deed of Assignment & a copy of the CCA s87 Default Notice.
Enclose a copy of the CCA s78 request for info purposes only. (No fee with this one).
CCA to Claimant, CPR 31 to Claimant's sols.
Keep copies & get proof of posting.
They could have a real headache with a 2003 agreement.

Also SAR HSBC for all data held..

& all communication in writing......tell Restons to bog off re phone calls. (In the nicest possible way, naturally!)

[warwick65]

Re: Court Claim advice CCA request & CPR 31.14 request

Hi Jay

Just as Charity says

BUT the only thing is that I think all you can ask for under the CPR request will be the contract as that is the only thing mentioned in the claim.

Restons will likely write back saying you will already have the contract and so why do you need it again- its just what they do - but it is your right to ask for it.

You may also want to send a part 18 request asking for the Default Notice, Notice of assignment and Deed of assignment but that is probably ok to ask for in your defence,

I know you say you want to defend on SB but get your ducks lined up and defend with what you can

CCA request
Default Notice
Notice of Assignment
Deed of assignment

that is why the SAR to HSBC is so very useful- it will show you what was ( or was not) sent

[pt2537]

Re: Court Claim advice CCA request & CPR 31.14 request

The debt is an old credit card debt. Here's the details of the Claim:-

Issue Date: 08 May 2017
Amount approx: 2355.92 inc. fee and costs
Claimant: Arrow Global Limited
Solicitor: Restons Solicitors Limited
Original Creditor: HSBC
Particulars of Claim: The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HSBC dated on or about Aug 19 2003 and assigned to the Claimant on Mar 28 2014
DATE ITEM VALUE
10/03/2017 Default Balance 2170.92
Post Refrl Cr NIL

TOTAL 2170.92

Is the debt Statute Barred? Unknown but I think it might be. I haven't acknowledged the debt or made any payments for a long time but I'm not sure exactly how long.
List any letters you have sent: None yet. Sending CCA and CPR 31.14 tomorrow
Any Other Info: The Claim Form was sent to my previous address and forwarded to me. Restons Solicitors have been calling me at work but I have refused to give them personal details until they explain what they're calling about but they refuse.

i agree with the advice given on here about telling Restons to go away.

I think you need to put this in writing to them and ensure that you expressly ask them to cease calling you as you wish for all communication in writing.

Case law such as Harrison v Link and Roberts v Bank of Scotland show that the Courts will not accept circumstances where a consumers wishes are ignored and a claimant persists in calling despite being asked not to.

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

Thanks to everyone for their replies. I really struggle to deal with this stuff in part due to long-term mental illness so this is all quite overwhelming at the moment. I just hope I'm in a fit state to deal with this over the coming week.

Are there any possible circumstances with this that would lead to me not needing to attend court? I think I could potentially struggle a lot with a court appearance.

[MIKE770]

Re: Court Claim advice CCA request & CPR 31.14 request

if it came to court a long way off and steps to take etc

- - - Updated - - -

read No 9 above

[warwick65]

Re: Court Claim advice CCA request & CPR 31.14 request

As Mike says there is a long way to go before court and if it looks like you would lose you can settle at mediation. Quite often these firms discontinue before court so its a case of trying to hold your nerve, Is there anyone you could get to help?

[Diana M]

Re: Court Claim advice CCA request & CPR 31.14 request

Do you recognise the HSBC debt?

Arrow have recently issued a bunch of claims for debts which were overdrafts amalgamated with loans and/or credit card balances before being assigned with a new account reference number i.e. different from the original account number(s).

Since the POC don't specify the type of account or the reference number (they simply say "contract") you may wish to send that CCA Request stating s 77-79 CCA so as not to give Arrow any clues as to what documents or evidence they are going to need to produce or reconstitute.

No need to make life easy for them

Di

[MIKE770]

Re: Court Claim advice CCA request & CPR 31.14 request

CCA Request

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

Sorry but this is all making my head spin right now. I don't really know what the SAR or a part 18 request is.