Court Claim advice CCA request & CPR 31.14 request

[charitynjw]

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.

Yes, it's a bit involved, but with over £2.3K in the offing, it's worth putting up a bit of a fight.
But as with anything else, you do have to have an idea of the rules & tactics.

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

Okay. So from what I gather I need to send a CCA request to the creditor, a CPR 31.14 request to their solicitor and SAR to HSBC. Could somebody outline what it is I should be asking for in each one please? Also, from what I gather after reading, HSBC would have 40 days to comply with the SAR request but I need to have some kind of defence lodged within 28 days of the date of issue of the Claim. Is that right?

- - - Updated - - -

Also, could asking HSBC for documents pertaining to this account be construed as acknowledgement of the debt?

[charitynjw]

Re: Court Claim advice CCA request & CPR 31.14 request

All at the top of this thread (Green box).

& no, requesting info in this way is not acknowledgement.

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

Right, so from what I understand, I ask for the following:-

CCA request - (to Creditor) Credit Agreement
CPR request - (to Creditor's Solicitor) Contract, Notice of Assignment, Deed of Assignment, CCA s87 Default Notice
SAR request - (to HSBC) All documentation and paperwork pertaining to the account

Would this be right?

[charitynjw]

Re: Court Claim advice CCA request & CPR 31.14 request

Right, so from what I understand, I ask for the following:-

CCA request - (to Creditor) Credit Agreement
CPR request - (to Creditor's Solicitor) Contract, Notice of Assignment, Deed of Assignment, CCA s87 Default Notice
SAR request - (to HSBC) All documentation and paperwork pertaining to the account

Would this be right?

CCA
Credit agreement, all applicable T&Cs, statement of account

CPR
Do you know if the alleged debt was assigned directly from HSBC to Arrow?
If not, or not sure, if it were me I'd ask for all applicable Notices & Deeds.

SAR
Ok

The forum template links (above in green box) will go into more detail.
You are correct re the recipients.

Keep copies, get proof of posting.

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

Thanks. That's a lot clearer to me now.

I don't know if the debt went directly from HSBC to Arrow. Should I ask for "all applicable Notices and Deeds including but not limited to Contract, Notice of Assignment, Deed of Assignment, CCA s87 Default Notice" or just "all applicable Notices and Deeds"?

Am I right in thinking that if they're unable to supply these documents they can't proceed with the Claim against me?

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

I have received a response from Arrow Global today to my CCA request. They say that they're under no obligation to send me the information as a County Court Judgement has already been obtained against me via Restons Solicitors prior to my request for information. The CCA request was sent 4 days after I acknowledged the claim on moneyclaim.gov.uk. Surely this can't be right. Has anyone got any advice for me on this.

The issue date of the Claim was 08th May 2017 and I acknowledged the claim on 14th May (the Claim was sent to my old address and forwarded to me so I didn't receive it until 13th May). Help!

[warwick65]

Re: Court Claim advice CCA request & CPR 31.14 request

Hi
Did you acknowledge the claim online?

If so then check the status of the claim

If it is showing as claim acknowledged, I would be inclined to keep that letter and use their refusal to comply with your request as part of your defence.

Could it be that they have a cci against you for another debt and they (or you) mixed up the reference numbers. If you are not sure check trust online - or your credit file which should show any cci's under 6 years old
[MENTION=5553]charitynjw[/MENTION] [MENTION=87380]Diana M[/MENTION]

[charitynjw]

Re: Court Claim advice CCA request & CPR 31.14 request

As @warwick65 has stated, speak to the engineer (Court), not the oily (toe)rag (Arrow).

(But Warwick is far more eloquent & refined than what I am! )

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

I did acknowledge the claim online but I'm now unable to log into the Gateway. I don't remember getting a User ID when I registered to acknowledge the claim and I can't find any email confirmation of it except for a registration notification with no info in it.

Is it possible for a judgement to be issued inside the time I'm given for lodging a defense? That doesn't seem right.

I don't believe they have anything else against me for any other debt.

I should add that when I try to use the "Forgot User ID" link on the moneyclaim site it's asking me for a customer number. I don't think I got one of these.

[charitynjw]

Re: Court Claim advice CCA request & CPR 31.14 request

Phone the court.

[warwick65]

Re: Court Claim advice CCA request & CPR 31.14 request

Hi
No they can not get a judgement against you within the time limit

I have just been looking at the lost ID and do you remember the password you used and the email address
Have a mooch around and see what happens

The claim number and password sent in the claim will not work now - you have registered

I see what you mean about it asking for your Mcol number- I have no idea what mine is, I only know my gateway number

Is there a chance your browser may have remembered or stored the username and password?

- - - Updated - - -

Phone the court.

Sorry posts crossed- this is the best idea at the moment

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

When I enter the email address it just says "We are unable to find this user".

The browser hasn't saved the details.

I was about to ask "Should I just phone the court?" Thanks to all.

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

I'm thinking Arrow are taking the piss. I thought there was no way they could get a judgement so quickly. The court is engaged for now. I'll keep trying.

I acknowledged the claim on 14th May (a Sunday). I sent the requests to the various parties on the 18th May recorded delivery. In my mind, there's absolutely no way they should have a Judgement against me here.

[warwick65]

Re: Court Claim advice CCA request & CPR 31.14 request

Let us know what happens please

Did you get an email acknowledging any actions on the website?