How to Defending a County Court Claim for 10 years old Debt

[guyverdan]

Re: How to Defending a County Court Claim for 10 years old Debt

Thank you for you help, i know my friend will appreciate it.

He took out a personal loan to finance his business, which was Limited.

OK, I will be getting him to sign and post the 2 letters tomorrow. I will only be be able to see him tomorrow before the due date and therefore even if its not submitted yet would love to get his defence form completed as well.

At least then he has seen it all.

[guyverdan]

Re: How to Defending a County Court Claim for 10 years old Debt

Hi there, just to confirm the letters to the Claimant and Solicitor went today.

Whats the next step?

[guyverdan]

Re: How to Defending a County Court Claim for 10 years old Debt

Hi Amythist, those letters have certianly been received by now, should i submit the defence now and if so what changes would you suggest?

[guyverdan]

Re: How to Defending a County Court Claim for 10 years old Debt

Slightly Amended thoughts?

1 The Claimant's claim was issued on 26 May 2017.

2. The Defendant has not received any communication from the Claimant regarding the alleged debt in the 3 years since they state they acquired the Debt, this includes the alleged “Notice of Assignment”, which the Claimant is required to provide. Until the Court Claim was received the Defendant was unaware of any alleged Debts belonging to the Claimant.

3 The Claimant states that the Defendant incurred a £17467.59 overdraft whilst operating a Bank Account with HSBC Bank Plc. Whilst the Defendant did use services provided by HSBC back in 2006, this did not include an overdraft of that amount.

4 The Defendant contends that the Claimant's claim so issued is a claim in contract and is Stature Barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

5. The Defendant therefor does not acknowledge the debt or liability to the claim and therefore requests that before the Claimant proceeds with the Court Case, that the Claimant provides a true copy, or reconstituted copy of the credit agreement relating to any account the Claimant deems to be related to the Defendant, together with any other documentation the Consumer Credit Act 1974 (Sections 77−79) requires the Claimant to provide.

6. The Defendant has provided The Claimant with a written CCA Request along with a CPR Request to the Claimants Solicitor. The Defendant has not yet received any responses to these requests.

In Summary, it seems the Claimant is requesting payment for a debt that never existed, on an account which has had no communication or transactions occur on it in well over 10 years. The Claimant has also not followed key rules set out in the “law of property act 1925” and has not provided the Defendant any opportunity to discuss the claim outside of the Courts.

It is with that information the Defendant believes any debt allegedly owed is Stature Barred and that the Claimant claim is therefore invalid.

[guyverdan]

Re: How to Defending a County Court Claim for 10 years old Debt

Hi, if anyone is still reading this a little advice would be great.

My friend received a the CCA Letter returned in a Royal Mail Envolope with the option of Refused ticked. The original CCA letter had been opened and the whole thing including the Postal Order was sent back.

Would i be right in saying that by refusing to provide the information requested they have just lost this claim? When i read the final paragraph of the CCA leter that is how it reads to me, can someone confirm?

"I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act."

[MIKE770]

Re: How to Defending a County Court Claim for 10 years old Debt

more info would help sent to -owner -refused by - recorded delivery last resort if it came to it would be the ICO

[Diana M]

Re: How to Defending a County Court Claim for 10 years old Debt

My friend received a the CCA Letter returned in a Royal Mail Envolope with the option of Refused ticked. The original CCA letter had been opened and the whole thing including the Postal Order was sent back.

Would i be right in saying that by refusing to provide the information requested they have just lost this claim? When i read the final paragraph of the CCA leter that is how it reads to me, can someone confirm?

"I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act."

May I ask whether you sent the LB template for the CPR 31.14 Request to the solicitors, because that refers to sending the CCA Request to their client and you may have attached a copy of it as suggested?

Since it's early days and this claim is heading for the Fast Track I would send a new s.77-79 CCA Request to Arrow at their Manchester address. I'm assuming that you sent it to the Bedford Row address which was possibly on the claim form. Is that right?

It may have been returned by Royal Mail because there was no one at that office willing to sign for it.

The letter would have been opened by Royal Mail to ascertain the return address if you didn't put it on the back of the envelope.

If you send another which they receive and sign for you will have protected your legal position (or at least your friend will have )

Di

[Diana M]

Re: How to Defending a County Court Claim for 10 years old Debt

Did your friend receive a written acknowledgement of his Defence from the court? It appears it was filed on 26th June.

The court letter would have probably said that this was now a defended claim and a copy of the Defence had been served on the Claimant who has 28 days to inform the court if they intend to continue with the proceedings otherwise they would become stayed (a pause button).

Please post up any letters your friend receives however meaningless they may seem. Sometimes it take a pair of legal eyes to read between the lines

Has your friend sent a Subject Access Request to HSBC to get the full history of this debt?

Di

[Diana M]

Re: How to Defending a County Court Claim for 10 years old Debt

I should add that when your friend sends the replacement CCA Request they need to make sure it refers to s 77-79 CCA .

This is because you say the POC refer to an overdraft but your friend believes it was a loan (s 77).

Is it possible that this debt is a combination of two things? HSBC had a habit of amalgamating accounts and giving them new reference numbers before they sold them on to a debt purchaser as one debt?

Di

[MIKE770]

Re: How to Defending a County Court Claim for 10 years old Debt

May I ask whether you sent the LB template for the CPR 31.14 Request to the solicitors, because that refers to sending the CCA Request to their client and you may have attached a copy of it as suggested?

Since it's early days and this claim is heading for the Fast Track I would send a new s.77-79 CCA Request to Arrow at their Manchester address. I'm assuming that you sent it to the Bedford Row address which was possibly on the claim form. Is that right?

It may have been returned by Royal Mail because there was no one at that office willing to sign for it.

The letter would have been opened by Royal Mail to ascertain the return address if you didn't put it on the back of the envelope.

If you send another which they receive and sign for you will have protected your legal position (or at least your friend will have )

Di

Post Offices last few years, I find every time if you send Recorded Delivery ask you fill in the little sticker stating house number and Post Code for any returns/non delivery

[Diana M]

Re: How to Defending a County Court Claim for 10 years old Debt

He did however have a loan with HSBC that he took out well over 10 years ago and he hasnt made any payments to it for at least that long. I have checked his credit report and there is no history of any HSBC debt showing anywhere that I can find

Do you know the original length of the loan and when it would have expired if it had run the full term?

If it's not on his credit file that means that it was defaulted more than six years ago but that doesn't necessarily mean that was the last time there was a payment towards it or anything else happened which may be regarded as a 'cause of action' for SB purposes.

Was there PPI on this loan?

Di

[guyverdan]

Re: How to Defending a County Court Claim for 10 years old Debt

He did receive a letter from the solicitor of Arrow Global today, when i see him tomorrow i will get a copy of the file to publish on here.

They do state he made a payment in 2015, but he believes he did not so I have asked him to get copies of any bank statements for that period.

Correct me if i am wrong, but my understanding is that he has no legal obligation to pay arrow global, as he never entered into any legally binding contract with Arrow Global.

[charitynjw]

Re: How to Defending a County Court Claim for 10 years old Debt

Correct me if i am wrong, but my understanding is that he has no legal obligation to pay arrow global, as he never entered into any legally binding contract with Arrow Global.

I reckon that, ultimately, will be for the court to decide.
AG are probably claiming that they have a right to payment via legal assignment.
But they have to prove their assertion.
You, on the other hand, have a reverse burden to prove you do not. (Despite the fact that SB must be disproved by the Claimant.)

[guyverdan]

Re: How to Defending a County Court Claim for 10 years old Debt

Hi there,

This is the letter that was received from Shoosmiths.

[charitynjw]

Re: How to Defending a County Court Claim for 10 years old Debt

Did you? ( Pay £15)