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Court claim for same debt - different amount????

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  • #1

    Court claim for same debt - different amount????

    Hi everyone,

    I received a new court claim for £415 from restons for HSBC.

    I've been defending a court claim for £2790 from same company, same client. From back in November 2016. Alleged business bank account with overdraft debt.

    I put a defence in and sent a CPR 18, I didn't receive an adequate response to this & the claim was stayed on the first claim.

    Do I need to defend this new claim with same defence? or can I get it throw out - can they have two claims running with same dates, different amounts?

    Thanks
    Last edited by verity540; 30th June 2017, 14:05:PM.
    Tags: None
  • #2
    Re: Court claim for same debt - different amount????

    Quite like to put a counterclaim in for wasting my time - any experience of this or what to do? thanks

    Comment

    • #3
      Re: Court claim for same debt - different amount????

      No they can't, not on the same cause of action, and yes you should be able to get it thrown out as an abuse of process (CPR 3.4 I think) , it would require an application and you should write to the claimant and inform them you intend to apply to have the new claim struck out, and will also be requesting the original claim be struck out for their failure to provide any documentation/respond to your defence/part 18, and that you will be requesting costs.

      Presumably you are 100% it is for the same debt ? No credit card/ loan etc with HSBC as well as the OD ?
      Last edited by Amethyst; 18th July 2017, 10:42:AM.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment

      • #4
        Re: Court claim for same debt - different amount????

        No, same dates, same client, different amounts - no particulars of claim - I've tried to contact county court but they don't take phone calls - thanks for the info.
        I can't lodge a defence at the moment as moneyclaim site is down.

        thanks I'll try and follow what you said. I'm not sure how I'm meant to communicate with county court bulking centre.

        Comment

        • #5
          Re: Court claim for same debt - different amount????

          Okay I have to go out but hang fire and I'll give you a hand tonight. All you need to do for now with the court is acknowledge receipt of the claim, and you have 14 days from receipt to do that

          When you say no particulars of claim ? What's actually written on the front of the claim form(£400 claim) ? and how does it differ from what's written on the front of the original claim form (£2k claim) ?
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment

          • #6
            Re: Court claim for same debt - different amount????

            Thanks I'll take some pictures and post - just at work at the moment
            • 1 thank

            Comment

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            SHORTCUTS


            First Steps
            Check dates
            Income/Expenditure
            Acknowledge Claim
            CCA Request
            CPR 31.14 Request
            Subject Access Request Letter
            Example Defence
            Set Aside Application
            Directions Questionnaire



            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.




            NOTE: If you receive a court claim note these dates in your calendar ...
            Acknowledge Claim - within 14 days from Service

            Defend Claim - within 28 days from Service (IF you acknowledged in time)

            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.



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