HSBA/ First Direct/Arrow/ Restons Court Claim

[MIKE770]

Re: HSBA/ First Direct/Arrow/ Restons Court Claim

SAR (Subject access request)

[roygoodbeat]

Re: HSBA/ First Direct/Arrow/ Restons Court Claim

OK.

Cannot remember what was outstanding. At the time a credit agreement (Only an application form sent for CC/ Overdraft).

Subject access request did not have all the statements.

I did have all the documents scanned but have since lost them. Still trying to see if I have paper copies as these contain the letters stating I do not acknowledge CC/ Overdratft and account in dispute.

I suspect I will need to put in a basic defence until I get information together. The only thing I have is a scanned copy of the loan at the time.

[roygoodbeat]

Re: HSBA/ First Direct/Arrow/ Restons Court Claim

Ok. Have found some of my paperwork. Still need to find the rest.

The account number is the same as the bank account number.

I have only ever received a copy of the loan application, taken out later, and a copy of the bank account application which has a small section for the credit card application.

I also received this yesterday:
We thank you for your letter and acknowledge your request for documentation pursuant to the consumer credit act 1974.
We do not accept that we are the creditor as envisaged by the above statue.

This account arose under an overdraft faciliy. Even if this account was regulated under the consomer credit act 1974, part V of the act does not apply to this facility and there will accordingly be no executed agreement.

In addition we confirm.

• The account is in drfault.
• The total sum outstanding is £above 13, 000
• The amounts which will become payable comprise interest and costs, depending on what enforcement action is taken against you
Please find your £1 fee

This was from arrow.

Need to draft my defense today, ready to send tomorrow.

[charitynjw]

Re: HSBA/ First Direct/Arrow/ Restons Court Claim

Your defence looks fine to me.
You appear to have covered all the main points.
If it were me, though, I'd also include a brief line re them denying liability under the CCA & returning the £1 fee.
But I wouldn't go in to too much detail......wouldn't want to alert them to their mistaken assumption that this is just an overdraft.
I'd leave that nice surprise for much later on!

[roygoodbeat]

Re: HSBA/ First Direct/Arrow/ Restons Court Claim

Ok. will amend and post.

Have checked my paperwork I have. I have letters sent to First Direct. I have some corresponce from first direct/ hsbc.

I cannot recall ever receiving default notices for the cc, loan and bank account.

I did receive a final demand letter with all three accounts saying I had seven days in which to pay in full.

Original Credit agreement request was 9th June 2009. Only ever had copies of application forms for loan and original bank account/ credit card.

[roygoodbeat]

Re: HSBA/ First Direct/Arrow/ Restons Court Claim

Have added a couple of things. Don't know if I should include the 9th june 2009 cc request outstanding or leave that for later?

1. I received the claim [Claim number] from the Northampton County Court on 19th May 2017.

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. The claimant has failed to specify the nature of the account.

4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state exactly when the agreement or agreements was entered into.

6. The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years.

7. The Claimants statement of case states that the account was assigned from HSBC to Arrow Global Limited in 2015. The Defendant does not recall receiving notice of this assignment. The claimant is put to strict proof a notice of assignment was served.

8. The claimant is put to strict proof they have the right under statute to bring the claim

9. It is denied that HSBC served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

10. On the 23rd May 2017 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of all applicable contracts, deeds and notices pertaining to the account. They replied stating that they are not obligated to send this at this stage and have therefore failed to supply me with the relevant information in order for me to plead my case.

11. Restons Solicitors Limited has not sent any of these documents to me and deny that they have to send these to me.

12. On the 23rd May 2017 I sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to 77/78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13. Arrow Global wrote on the 07^th June stating that they are not the creditor as envisaged by the above statute, and therefore state that there is no executed agreement. They returned my £1 fee and have not acted on my legitimate request.

13. The Claimant has failed to comply with S77(1) or s 78 (1) or s 70 (1) Consumer Credit Act 1974 and by virtue of S77(4) or s 78 (6) or s 79 Consumer Credit Act 1974 cannot enforce the agreement.

14. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

15. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

16. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

17. It is denied that the Claimant is entitled to the relief as claimed or at all.

[charitynjw]

Re: HSBA/ First Direct/Arrow/ Restons Court Claim

If you are comfortable in progressing this yourself, fair play.
But I think it would be remiss of us if we didn't suggest that you should seek formal legal advice &/or representation, given the potential exposure to costs if your case is not within Small Claims Track.