HSBC - Cabot Financial UK - Mortimer Clarke

[ajsno2]

Received a claim? Yes
Issue Date: 25/07/2019
Have you Acknowledged the Claim?: No
Total Amount Claimed : £6500
Claimant’s Name: Cabot Financial UK Limited
Solicitors Firm: Mortimer Clarke
Original Creditor: HSBC
Original Debt (eg. Credit card/Loan/Overdraft) : HSBC Current Account (think it was a business account that I was the director of)
Particulars of Claim: Monies due under current account overdraft. The claimants claim is for the balance outstanding under a bank account facility HSBC bank plc agreed to maintain for the defendant. It was a term of the bank account that and debit balance would be repayable by the defendant in full on demand. The defendant has failed to repay the amount due. The debt was assigned to the claimant. 1. THE CLAIMANT THEREFORE CLAIMS X 2. Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ): none
Any Other Information or Background Details:
i believe this is a bank account that was closed by hsbc for a dormant business I have
the address on the letter is for my next door neighbour, the posted the letter through my door at the weekend.

would be grateful of next steps and advice

[Amethyst]

Morning xx

This business you had - Was it a limited company?

Do you have any idea when you stopped using the account?

First step Is to get the claim acknowledged with intent to defend in full ... … You can do this online using the details on the front bottom right of the claim form. Once you've done that let me know a bit more information then you will be able to write to the claimant requesting more information and copies of documents.

[ajsno2]

It was limited.
It is still active but does no trade anymore.
I would have thought I probably have a director guarantee with the bank

[Amethyst]

Possibly… But they will need to evidence that. Do you remember when you stopped using the account?

[ajsno2]

Few years ago.

I will ask for the information they have so we can work on the facts they do have.

thanks for your help so far

[ajsno2]

I have Acknowledged the service online.

Do I send the CCA letter or the CPR letter?

[ajsno2]

Hello

I have so far received 1 letter in relation to my CCA request

letter dated 02/08/2019

Dear Mr

Ref
Ref
Ref

Thank you for you letter dated 29/07/2019

Please find enclosed a copy of the Notice of Assignment

We confirm we have requested all relevant documents from our client and have placed your account on hold. We will contact you once these documents have been received




few notes from me

in my letter I told them my correct address and they sent the reply let to my neighbours address, they have been away and have only just bought the letter over for me.

The assignment letters were sent to my old address, I moved house last year.

Getting close to my 28 days now for filing a defence



Advice where to go from here?

[Amethyst]

Start preparing your defence - https://legalbeagles.info/library/gu...-court-claims/ is a Starting point.

How did the company you were a director of close ? Was it a ltd company ? Did you have personal accounts at hsbc as well as the business account you think the debt may has come from ?

[ajsno2]

The company is actually still going, just dormant.
It was a Ltd
I did have a personal account with HSBC
The business is question has an account with HSBC
And one of my current businesses also has an account with HSBC
I have just read through the paperwork I have again and I cant see anything relating to a business account, only HSBC - Current Account

[ajsno2]

Any comments on this before I send?


DEFENCE

1. The Defendant received the claim xx from the Northampton County Court on xx

1. The Defendant did not receive the claim directly as it was sent to their neighbour’s address.

1. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
2. This claim is for an Overdraft agreement.

1. It is admitted that the Defendant has previously entered into an agreement with Original Creditor for provision of credit.

1. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
2. The Claimant’s Particulars of Claim fail to state when the agreement was entered into

1. The Claimants statement of case states that the account was assigned from HSBC Bank PLC to Cobot Financial (UK) Limited but does not state when. The Defendant does not recall receiving notice of this assignment.

1. It is denied that HSBC Bank PLC 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

1. On the xx The Defendant sent a letter to Mortimer Clarke Solicitors Ltd asking for the correct address to be amended.

1. On the xx, in the same letter, The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors Ltd. The Defendant requested the Claimant provide copies of The Agreement, Bank Account Terms and Notice of Assignment.

1. Mortimer Clarke Solicitors Ltd has not sent any of these documents to the Defendant.

1. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
2. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

1. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence and would ask that the Claimants bear the costs of the amendment.

1. 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 ________________________________

[ajsno2]

Hello

history so far

Your acknowledgment of service was received on 29/07/2019 at 14:05:26


Your defence was submitted on 27/08/2019 at 10:41:40


Your defence was received on 27/08/2019 at 12:05:21


I have recieved one letter from Mortimer Clarke dated 02/09/2019

"We have recieved your defence

We are taking our client's instructions in relation to your defence and will come back to you as soon as we can. In the meantime, the matter has been placed on hold"

Do I need to do anything else at this stange, it had been over a month now?