County Court Claim Form Recieved

[Alphafox]

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.

Lets see what they come back with.

I'm just doing the CPR 31.14 letter now, as per the particulars, I'm just asking for my contract? On the guide letter is says

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM – eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT – ask for the CONTRACT…IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.

As it only mentions contract, that is what I'm asking for?

[Diana M]

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

Yes it may have a bearing on your Defence.

I was asking in relation to section 18 Consumer Credit Act (multiple agreements) not PPI misselling/reclaiming.

Di

[jaguarsuk]

Lets see what they come back with.

I'm just doing the CPR 31.14 letter now, as per the particulars, I'm just asking for my contract? On the guide letter is says

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM – eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT – ask for the CONTRACT…IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.

As it only mentions contract, that is what I'm asking for?

Yes, but I'd be cheeky and ask for

"contract between the Defendant(s) and HSBC Card Services dated on or about Apr 02 2012"

and

notice of being "assigned to the Claimant on Oct 06 2017"

Worst they can do is say no to the second one.

[Diana M]

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.

Any PPI misselling reclaim would be made to the original creditor (HSBC) and not the Claimant (Cabot Financial (UK) Ltd) who now own the debt and have issued this claim.

Di

[Alphafox]

Yes, but I'd be cheeky and ask for

"contract between the Defendant(s) and HSBC Card Services dated on or about Apr 02 2012"

and

notice of being "assigned to the Claimant on Oct 06 2017"

Worst they can do is say no to the second one.

Great, I shall add that to my letter, thank you!

Should I also sign these letters with my signature?

[Diana M]

I'm just doing the CPR 31.14 letter now, as per the particulars, I'm just asking for my contract? On the guide letter is says

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM – eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14

As it only mentions contract, that is what I'm asking for?

Perhaps that's why the POC are deliberately vague because under CPR 31.14 you can only ask for documents which are specifically mentioned not just referred to.

Restons are likely to write back to your CPR 31.14 Request pointing this out if you ask for things which aren't covered by CPR 31.14.

Consider whether getting this CRP 31.14 Request wrong may damage your credibility and prompt them to accuse you of sending template letters downloaded off the internet which are not applicable to your case.

Di

[Alphafox]

Perhaps that's why the POC are deliberately vague because under CPR 31.14 you can only ask for documents which are specifically mentioned not just referred to.

Restons are likely to write back to your CPR 31.14 Request pointing this out if you ask for things which aren't covered by CPR 31.14.

Consider whether getting this CRP 31.14 Request wrong may damage your credibility and prompt them to accuse you of sending template letters downloaded off the internet which are not applicable to your case.

Di

Ok, so I am simply going to request: "Contract between the Defendant(s) and HSBC Card Services dated on or about Apr 02 2012".

Is that ok?

[jaguarsuk]

Great, I shall add that to my letter, thank you!

Should I also sign these letters with my signature?

Vary the signature slightly, add a line or a dot as I’m not saying they would, but you wouldn’t want to find your signature on a credit agreement because you sent this letter.

[Diana M]

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 XX XX 2012 and assigned
to the Claimant on XX XX 2017

Particulars a/c no xxxxxxxxxxxxx

Date
16/03/2018

Item
Default Balance

Value
£XXXXX

Post refrl cr - NIL

TOTAL £XXXX

I would edit you first post with the exact sum claimed to a round figure or £XXXX and also the dates mentioned in the POC to XX XX XXXX since the solicitors read these forums and you need to protect your identity.

In a case recently the solicitor produced screenshots of forum posts as evidence against the Defendant.

Better safe than sorry

Di

[jaguarsuk]

Any PPI misselling reclaim would be made to the original creditor (HSBC) and not the Claimant (Cabot Financial (UK) Ltd) who now own the debt and have issued this claim.

Di

Yes I’m well aware as I am reclaiming my own for a loan sold to be as only being approved if I had it.

The OP doesn’t know if they had it yet, so there’s not much point advising them whom they complain to for about another 40 days yet!

[Diana M]

The OP doesn’t know if they had it yet, so there’s not much point advising them whom they complain to for about another 40 days yet!

I wasn't advising them who to complain to, I was pointing out that there may be a legal argument (s.18) to be had for their Defence if the account was subject to PPI.

This may become relevant to compliance with s 78 CCA where the insurance policy may have to be produced.

Nothing to do with reclaiming a missold product which you had implied was relevant to the claim.

Diana M

[Diana M]

Is that ok?

You say you only received the claim today so no need to rush into your next step until it's clear exactly what you should be saying/doing since there's a lot to absorb and there's been conflicting information on your thread.

The Post Office is closed now so maybe finalise your approach tomorrow.

Di

[jaguarsuk]

I wasn't advising them who to complain to, I was pointing out that there may be a legal argument (s.18) to be had for their Defence if the account was subject to PPI.

This may become relevant to compliance with s 78 CCA where the insurance policy may have to be produced.

Nothing to do with reclaiming a missold product which you had implied was relevant to the claim.

Diana M

Okay just so I understand, in a post where you said:

Any PPI misselling reclaim would be made to the original creditor (HSBC) and not the Claimant (Cabot Financial (UK) Ltd) who now own the debt and have issued this claim.

Di

You we’re not advising them whom to reclaim from?

I did not imply reclaiming has a bearing on the claim, in post #12 I simply stated if Mis-sold it could be and in post #18 “any bearing of the documents in the SAR can't be judged until you have them.” in response to the question of what bearing it might have on the claim.

I get the other implications, hence saying what I did in post #18 as we don’t know whether the OP did or didn’t yet.

[Alphafox]

I would edit you first post with the exact sum claimed to a round figure or £XXXX and also the dates mentioned in the POC to XX XX XXXX since the solicitors read these forums and you need to protect your identity.

In a case recently the solicitor produced screenshots of forum posts as evidence against the Defendant.

Better safe than sorry

Di

Thanks Diana, all edited! Thanks for the tip, it actually crossed my mind when I wrote my first post.

[Alphafox]

You say you only received the claim today so no need to rush into your next step until it's clear exactly what you should be saying/doing since there's a lot to absorb and there's been conflicting information on your thread.

The Post Office is closed now so maybe finalise your approach tomorrow.

Di

You're correct, I'll read through and amend tonight as to not appear as if they are templates.