Time To Start Sorting Things Out!

[MIKE770]

Re: Time To Start Sorting Things Out!

yes just amend to your case

[Sunday Morning]

Re: Time To Start Sorting Things Out!

Thanks again Mike

Here's my online comment (not yet submitted. I'd be grateful for your views. I've left a few paragraphs out in view of the fact that I did not send the postal order accompanied request. So I guess at this point I am just going for an extention of time. Is the last paragraph still a "must" to put in in my circumstances?

===============
I received the claim xxxxxxx from the NorthamptonCounty Court on
3rd July 2017
Each and every allegation in the Claimants statement of case is
denied unless specifically admitted in this Defence.
This claim is for an overdraft agreement regulated under the
Consumer Credit Act 1974.
It is admitted that the Defendant has previously entered intoan
agreement with HSBC for provision of credit.
The Claimants statement of case fails to give adequate information
to enable me to properly assess my position with regards the
claim.
The Claimant’s Particulars of Claim fail to state when the
agreement was entered into.

The Claimants statement of case states that the account was
assigned from HSBC to Arrow on 29/8/2014. The Defendant does not
recall receiving notice of this assignment.

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.

I sent a request dated 10th July 2017 for inspection of documents
mentioned in the claimant’s statement of case under Civil
Procedure Rule 31.14 to Shoosmiths. I requested the Claimant
provide copies of the Agreement, Default Notice and Notice of
Assignment.

I have not as yet received any of these documents frm Shoosmiths

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.

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.
It is denied that the Claimant is entitled to the relief as
claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are
true.
Signed ________________________________
Dated ________________________________

[MIKE770]

Re: Time To Start Sorting Things Out!

@Amethyst

[Kati]

Re: Time To Start Sorting Things Out!

[MENTION=6]Amethyst[/MENTION] xx

- - - Updated - - -

(couldn't edit Mikes tag )

[Amethyst]

Re: Time To Start Sorting Things Out!

okay xx two mins

[Amethyst]

Re: Time To Start Sorting Things Out!

Just couple of amends - very basic, just to make it easier should you need to switch to claiming unfair terms/relationship later.


I received the claim xxxxxxx from the Northampton County Court on 3rd July 2017

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

This claim is for an agreement regulated under the Consumer Credit Act 1974.

The claim is for an overdraft on a bank account held with HSBC Bank. It is admitted that I held an account with HSBC Bank.

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

The Claimant’s Particulars of Claim fail to state when the agreement for an overdraft was entered into.

I do not recognise the amount being claimed. The Claimant has not provided any detail of how the amount claimed has arisen or been calculated, and I am unable to check whether the amount includes any unfair charges.

I do not have any details of the terms under which an overdraft facility was granted. The Claimant should provide a copy of those terms so I may assess the fairness of those terms and my liability, if any.

The Claimants statement of case states that the account was assigned from HSBC to Arrow on 29/8/2014. The Defendant does not recall receiving notice of this assignment.

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.

I sent a request dated 10th July 2017 for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Shoosmiths. I requested the Claimant
provide copies of the Agreement, Default Notice and Notice of Assignment.

I have not as yet received any of these documents from the Claimant

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.

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.

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

[Sunday Morning]

Re: Time To Start Sorting Things Out!

Many thanks for this Amethyst it really is much appreciated

I submitted online about 17.00...will that still count as today, as I believe it's the last day for putting in my defence?

[MIKE770]

Re: Time To Start Sorting Things Out!

you got a receipt from the site?

[Amethyst]

Re: Time To Start Sorting Things Out!

You'll be fine... a default judgment isn't automatic, it has to be applied for by the claimant after the defence deadline, putting your defence in before they ask for default judgment means they can't ... basically.

[Sunday Morning]

Re: Time To Start Sorting Things Out!

you got a receipt from the site?

I got the following...Defence - Confirmation

Step 7 of 7


Thank you. You have successfully submitted your Defence form to the court.

It then goes on to say "If your response was submitted on or before 4:00pm on a day on which the court is open, it will be received and processed on that day. Responses submitted after 4:00pm will be received and processed on the next day that the court is open"

Wasn't sure if that meant it wouldn't qualify for the defence deadline, but Amethyst's reply has set my mind at rest

[MIKE770]

Re: Time To Start Sorting Things Out!

should be ok

[Sunday Morning]

Re: Time To Start Sorting Things Out!

I'm confused.

After a few days dogsitting for my sister I have returned home to find a letter dated 26th July from the court that starts off..

"Thank you for your recent enquiry.

Judgement has been entered against you at the request of the claimant or solicitors acting on their behalf"

It mentions and attaches documents relating to the same case I have been defending!

It also attaches a letter I sent 4th July in which I requested details about the other claim against me I mentioned early on in the thread which had been made against me for a previous address I had vacated more than four years ago.I had no idea about this other claim until I was called in after a good repute check at threatened with the sack as I had not mentioned it!

In the letter requesting details I stated what my current address was and mentioned it was the same address to which the details of the court case in question here had been addressed.

I have headlined the letter Reference Case ? Claimant ?

Yet it appears to me that, despite what I have done online in respect of the claim from Arrow (ie responded to say I intended to defend), this letter has somehow been taken as an acknowledgement of that case and a judgement entered against me!

Where do I go from here?

[MIKE770]

Re: Time To Start Sorting Things Out!

Set Aside Application sure people on here will assist you in this area there are enough of them who could assist you here I am sure, await their comments.

[Diana M]

Re: Time To Start Sorting Things Out!

My recollection is of having an overdraft of £5k which I had exceeded, but I suspect there may be around £800 of a loan remaining that has been tacked on. The actual claim is for £6.5k with fees making the difference to £7k

If the disputed sum (claim amount) includes a loan as well as the overdraft then it may have become regulated by the CCA if the two debts were amalgamated before they were assigned (which is often the case with HSBC).

I can't see anything on your thread to suggest that you sent a CCA Request to the Claimant and you've not referred to it in your Defence (unless I've misunderstood).

Just because something is stated in the POC that doesn't mean it's true. The Claimant has to prove their case and not the other way round. If you believed the claim may have related (in part) to a loan then you need to address that issue.

I can see that you may have admitted to having an HSBC overdraft in your Defence which could be considered as an admission of the claim with the remaining argument being on quantum (how much you owe). Did you file the Defence from post # 21 or the Defence in post # 17?

You should send (if you haven't already) a Subject Access Request to HSBC to get the full history of the accounts. A SAR should include everything held by HSBC not just the overdraft.

Who is named as the Claimant on the claim form? I can only see reference to Shoosmiths solicitors unless I've missed some detail while glancing back through the posts. Is it Arrow Global Ltd or Arrow Global (Guernsey) Ltd?

Di

[Diana M]

Re: Time To Start Sorting Things Out!

Where do I go from here?

Call NCCBC to establish exactly why you've been given a Default Judgment. You say the letter refers to a request by the Claimant.

Did you file your Defence before the deadline? Sometimes the system can be slow to update and so a Default Judgment may be given in error in which case a set aside shouldn't be too difficult.

However if you filed your Defence after the deadline it may be more difficult.

But you need to know the facts before any suggestions can be made.

Di