County Court Claim Form Recieved

[Alphafox]

Hi All,

I'm new to the site and was hoping to get some guidance. Some years ago I got myself into some difficulties and generally speaking, put my head in the sand.

Today I received a County Court Claim form issued on behalf of Cabot Financial (UK) Limited. The solicitor is listed as Restons Solicitors Limited.

Particulars of the claim are as follows:

"The Claimant claims payment of the overdue
balance due from the Defendant(s) under a
contract between the Defendant(s) and
HSBC Card Services
dated on or about xxxx 2012 and assigned
to the Claimant on xxxx 2017

Particulars a/c no xxxxxxxxxxxxx

Date
xxxx 2018

Item
Default Balance

Value
xxxx

Post refrl cr - NIL

TOTAL xxxx

I have already been on the MCOL website and acknowledged the claim and chosen "Defend in full".

I take it that my next step should be to send a CCA request to Cabot and a CPR 31.14 to Restons?

Is there anything else I should do?

Thanks for you help!

[MIKE770]

CCA Request
CPR 31.14 Request

[jaguarsuk]

?

Is there anything else I should do?

Your on the right track so far, Subject Access Request Letter to HSBC to see what they have as if the Claimant don't have the documents already and HSBC don't have them how will they? Also if they produce something totally different to HSBC you'll know there's some trickery on the go.

[Alphafox]

Your on the right track so far, Subject Access Request Letter to HSBC to see what they have as if the Claimant don't have the documents already and HSBC don't have them how will they? Also if they produce something totally different to HSBC you'll know there's some trickery on the go.

Thank you! Yes, that makes sense, I shall send HSBC the SAR letter. Is there specific information I should ask them for? Personal file and statements or literally all they have on me?

[Alphafox]

HSBC is obliged to send you all data they hold on you.

Was there PPI on this credit card?

How did you open the account such as in branch, online etc?

I notice the Claimant is Cabot Financial (UK) Ltd which is unlicensed.

Di

Hi Diana, thanks for your reply.

Great, I shall ask them for all the information they hold for me.

I believe there wasn't PPI on the credit card, but I can't remember precisely.

What does being unlicensed mean? Sorry, I'm an absolute beginner with all of this and I'm having to pick it up fairly quickly!

[MIKE770]

CCA Request
CPR 31.14 Request
Subject Access Request Letter

[Diana M]

Hi Diana, thanks for your reply.

I believe there wasn't PPI on the credit card, but I can't remember precisely.

How did you apply to open the account? Sometimes PPI is mysteriously added later or following a phone call from a creditor. The SAR will confirm.

Did you have any other financial products with HSBC such as a current account and/or loan? HSBC has a habit of amalgamating accounts before assigning them to a debt purchaser under a new reference number which can cause them difficulty with any subsequent court claim.

I see there's no mention of you being served with a Default Notice in the Particulars of Claim - do you recall being served with one?

DItto a Notice of Assignment?

When was the account defaulted, and have you been sent an annual Notice of Sums in Arrears since then?

Did Restons solicitors send you a formal 'Letter Before Claim' before issuing the claim?

Sorry for all the questions but it's important to get a Defence set up properly since no two claims are alike and template letters can only be a starting point.

Di

[jaguarsuk]

How did you apply to open the account? Sometimes PPI is mysteriously added later

This does happen with HSBC Alphafox , I used to bank with them and never took PPI as having worked for different bank knew it is useless.

Long story short I applied for credit card, got a PPI certificate through, asked for copies of the form which had a tick I knew I hand't put there and followed up with complaint at the time. Even if you didn't request it don't be surprised if you had it.

[Alphafox]

How did you apply to open the account? Sometimes PPI is mysteriously added later or following a phone call from a creditor. The SAR will confirm.

Did you have any other financial products with HSBC such as a current account and/or loan? HSBC has a habit of amalgamating accounts before assigning them to a debt purchaser under a new reference number which can cause them difficulty with any subsequent court claim.

I see there's no mention of you being served with a Default Notice in the Particulars of Claim - do you recall being served with one?

DItto a Notice of Assignment?

When was the account defaulted, and have you been sent an annual Notice of Sums in Arrears since then?

Did Restons solicitors send you a formal 'Letter Before Claim' before issuing the claim?

Sorry for all the questions but it's important to get a Defence set up properly since no two claims are alike and template letters can only be a starting point.

Di

I had a current account with them and applied for the credit card online I believe, either through internet banking or through the main website. I don't recall seeing a PPI certificate, but then again this is back in 2012 so its been a while. Does having or not having PPI make a difference to things?

Yes, As I stated above I had a current account with them. The account / reference number Cabot listed on the claim matches the credit card number.

I don't remember any letters arriving with a default notice, nothing that has been sent to be signed for either.

I don't recall a Notice of Assignment either.

Account defaulted sometime in 2014, I've not seen any Notice of Sums.

I've definitely not seen any letters from Restons whatsoever!

No problem Diana, very happy that you're helping me!

[Alphafox]

This does happen with HSBC Alphafox , I used to bank with them and never took PPI as having worked for different bank knew it is useless.

Long story short I applied for credit card, got a PPI certificate through, asked for copies of the form which had a tick I knew I hand't put there and followed up with complaint at the time. Even if you didn't request it don't be surprised if you had it.

Interesting! As Diana said, the SAR should confirm it. Is it a good thing or bad thing if I had it?

[jaguarsuk]

Interesting! As Diana said, the SAR should confirm it. Is it a good thing or bad thing if I had it?

If you had PPI that you weren't aware of, that you didn't request or were forced to take to have the account approved then it was mis-sold. Mis-sold PPI can be reclaimed.

[Alphafox]

If you had PPI that you weren't aware of, that you didn't request or were forced to take to have the account approved then it was mis-sold. Mis-sold PPI can be reclaimed.

Ah ok, I thought it had a bearing on my defence or something!

[warwick65]

If you had PPI you might be able to make a complaint re the PPI

Do you still have an account with HSBC?

If not was it overdrawn when you closed it

Remember it is down to Cabot to prove how the sum has accrued

If you ask HSBC for all details and they do not supply everything then get back on to them. My first SAR to another bank was incomplete but on chasing them I got copies of all statements etc

[jaguarsuk]

Ah ok, I thought it had a bearing on my defence or something!

It could put £'s back in your pocket, but any bearing of the documents in the SAR can't be judged until you have them.

[Alphafox]

If you had PPI you might be able to make a complaint re the PPI

Do you still have an account with HSBC?

If not was it overdrawn when you closed it

Remember it is down to Cabot to prove how the sum has accrued

If you ask HSBC for all details and they do not supply everything then get back on to them. My first SAR to another bank was incomplete but on chasing them I got copies of all statements etc

No, I don't have an account with them anymore. I'll see what they come back with.