Court Claim - Arrow Global ltd / HSBC - 11-7-2017

[Diana M]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Thanks yet again Di it eases my mind slightly, so all I can do now is put forward my defence end of next Or do I need to send anything else to them? , I will use the defence template and hope someone is around to assist me with that

I'm sure they'll be a Beagle around to help you with your Defence when the time comes (keep an eye on your deadline).

You don't need to send anything else to Restons in case it makes them try harder to find the documents they need to prove their case. That's exactly what you don't want to happen!

Enjoy your weekend.

Di

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Right so i think its time to start my defence, i have until sunday the 13th but i dont want to mull over it the weekend. Im going to use the defence template letter where ive requested the documents but had none in response. im just a little confused on which points i need to amend or remove/add that are relevant to my defence and im hoping someone can help me, i was going to go with statute barred as being my defence but know im not sure wether to include it as it looks like they have combined my loan from 2009 to a defaulted overdraft from 2012, any help would be much appreciated.

[Amethyst]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

The particulars of claim are very brief and vague and they haven't sent you any further documents since making the claim. Nothing in pre-action identifying the debt as a loan or overdraft, always just 'an account' ?

Did you send a SAR to HSBC btw? ( if not DO )

The Overdraft you mention was satisfied shortly after you closed it in 2012, so this could just be the loan, I'd stick to your guns in including the statute barred paragraph - the onus of proof is on the claimant, and once you get your SAR back you should be able to see more detail.... and it doesn't hurt to put it in.

So maybe when you get to para 3 of the example....something like.... ( just thinking aloud really here to hopefully give you a hand getting a first draft together )

3.This claimant states the claim is for an overdue balance due under a contract with HSBC. This is very vague, and in the absence of further information, which has been requested ( see paragraph 7,8,9 of this defence) I do not know to what the alleged debt relates.

4. I have had a number of products from HSBC over the years. A Loan, credit card ( if so) and a banking current account, all regulated under the Consumer Credit Act 1974. However none of these products was taken out in 2009, as pleaded by the Claimant.

5. I am unaware of any debt owed in relaton to the current account or credit card, both of which were closed many years ago. I am uncertain as to the Loan account however I have neither made any payment nor had any communication with HSBC or any third party since at the latest 2009 in relation to that account.

6. I therefore content that this claim is Statute Barred by virtue of section 5 of the Limitation Act 1980.

7. I sent a s.77-79 request ................

8. I sent a CPR 31.14 request............

9. Assignment..........

10. Default .............

etc etc

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

thanks for the reply. ididnt send an SAR request to be honest i was told this could take a cvouple of months to get back. im pretty positive this account is a combination of both loan and overdraft as i left hsbc in 2012 with a very small outstanding balance of less than 100 pound. do i include in my defence that is sent 2X statute barred letters with no returned documents?. thanks again

[warwick65]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

I really would get that SAR off, even though it may take 40 days to come back you may find details you could use in your witness statement or details that may disprove something they claim in their witness statement.

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

thanks. im not familiar with the SAR request letter, is there a template letter available, i have looked at the one on this site but it doesnt seem relevant to what i need? thanks again

[warwick65]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Hi
There was a much more relevant one but it seems to have been deleted , This is one I sent to a credit card company

Dear Sirs
Ref: xxxxxxxx
Subject Access Request - S.7 Data Protection Act 1998
Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.
Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and am entitled to under section 7(1) of the Act. If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
For the avoidance of any and all doubt, I reiterate:
I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).
Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.
I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.
You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.
Yours faithfully,

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Thanks! just a couple of questions, what reference should i be using? as i have no old account numbers etc, do i need to put any old address ive lived in in the past? will they go back as far as 10 years when the original loan was taken out? that seems A LOT of information for them to gather

[Amethyst]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

That's a bit bank chargey olden times isn't it Warwick ? Like this one .. http://www.legalbeagles.info/forums/...A-**-SETTLED** I really don't think theres a need to specify to that level of detail for this, a request should ask for all information held to include, but not be limited to, anything specific you want ( eg recording of calls, screen notes, transaction lists, agreements and so on - or if you actually want stuff relating to a specific account / date period - say so. ) but without giving away too much about why you want stuff ( so if you're looking for stuff they've done wrong they wouldn't know to not send it etc ).

REF wise , it's your personal data, so you should give them your full name and address now, and previous addresses. You can ask them to deliver the SAR documents to your local branch so you can ID yourself when you collect it.

[warwick65]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

That's a bit bank chargey olden times isn't it Warwick ? Like this one .. http://www.legalbeagles.info/forums/...A-**-SETTLED** I really don't think theres a need to specify to that level of detail for this, a request should ask for all information held to include, but not be limited to, anything specific you want ( eg recording of calls, screen notes, transaction lists, agreements and so on - or if you actually want stuff relating to a specific account / date period - say so. ) but without giving away too much about why you want stuff ( so if you're looking for stuff they've done wrong they wouldn't know to not send it etc ).

REF wise , it's your personal data, so you should give them your full name and address now, and previous addresses. You can ask them to deliver the SAR documents to your local branch so you can ID yourself when you collect it.

Reading back it wasn't the one I sent, mine was a tad clearer and had been on the thread about SARs until it was removed.

Maybe a little over the top but if you don't ask you don't get. Probably the only bit I would omit is the part about transcriptions for telephone calls

the SAR provided in the link at the top of this page is just a tad generic IMO and there needs to be one for people who have received a court claim . Many people will not understand what they should be asking for and why it may be important so ask for the lot.

The recipient will probably try to ignore what you have asked for anyway - funny how they do that , hence it is in your favour to specify just what you need

[Diana M]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Can you clarify the precise name of the Claimant.

Is it Arrow Global Ltd or Arrow Global (Guernsey) Ltd?

Di

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Hi Di it just says Arrow Global limited on the Claim form with a Manchester address

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

hi im just ready to submit my defence using the defence template , i just have a couple of questions..in para 12 it says section 77 or 78 which number should i use? and in para 13 it says s77(1) / s78(1) and s77(4) / s78(6) do i need to remove one number or do i submit as it reads?. thanks in advance

[Amethyst]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

As the CCA part refers to the Loan element it will be s.77 - http://www.legislation.gov.uk/ukpga/1974/39/section/77

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

thank you