Court Claim - Arrow Global / HSBC - 1-2-2016

[saxonheights]

I can't seem to get the form to work so I will copy over the details:

Have you received a County Court Claim form?*

• Yes
• No

What is the ISSUE date printed on the Claim Form?* Feb


Who is the original creditor?
eg: Lloyds / Egg / Swift

Who is the Claimant?
eg: Lowell / Arrow Global etc

Who is the Claimant's Solicitor?

Particulars:1. The claimants claim is for the sum of £970.52 being monies due from the defendant to the claimant as a consequence of the defendant incurring an overdraft whilst operating a bank account. (ac/sc included)
The debt was assigned to the claimant 13/05/2014 and notice of assignment provided to the defendant pursuant to the law of property act 1925.
2. Payment of the above sum has been requested but as at date hereof refused.
3. the claimant claims the sum of £970.52
4. C has complied as far as necessary with the pre action conduct practice direction.

Total claimed £1,100.52

For an Overdraft

I have acknowledged claim and sent CPR 31.14 request

The debt is mainly made up of overdraft fees, I've tried in the past to have these removed but to no avail.

I haven't heard anything for a coupe of years until someletters asking for financial info from Shoosmiths, no mention of small claims in the letter
Shoosmiths do say the would be willing to take a reduced settlement, should I just accept that?

According to my credit report the original default was in 2013.

[saxonheights]

Re: Court Claim - Arrow Global / HSBC - 1-2-2016

Can anyone help with this?

[charitynjw]

Re: Court Claim - Arrow Global / HSBC - 1-2-2016

I can't seem to get the form to work so I will copy over the details:

Have you received a County Court Claim form?*

• Yes
• No

What is the ISSUE date printed on the Claim Form?* Feb Exact date?


Who is the original creditor?
eg: Lloyds / Egg / Swift

Who is the Claimant?
eg: Lowell / Arrow Global etc

Who is the Claimant's Solicitor?

Particulars:1. The claimants claim is for the sum of £970.52 being monies due from the defendant to the claimant as a consequence of the defendant incurring an overdraft whilst operating a bank account. (ac/sc included)
The debt was assigned to the claimant 13/05/2014 and notice of assignment provided to the defendant pursuant to the law of property act 1925.
2. Payment of the above sum has been requested but as at date hereof refused.
3. the claimant claims the sum of £970.52
4. C has complied as far as necessary with the pre action conduct practice direction.

Total claimed £1,100.52

For an Overdraft

I have acknowledged claim and sent CPR 31.14 request

The debt is mainly made up of overdraft fees, I've tried in the past to have these removed but to no avail.

I haven't heard anything for a coupe of years until someletters asking for financial info from Shoosmiths, no mention of small claims in the letter
Shoosmiths do say the would be willing to take a reduced settlement, should I just accept that?

According to my credit report the original default was in 2013.

Hi saxonheights

It would help if you could provide some details.

[saxonheights]

Re: Court Claim - Arrow Global / HSBC - 1-2-2016

Sorry, I filled in the from and it dragged over strangly. As follows:
Have you received a County Court Claim form?*

• Yes

What is the ISSUE date printed on the Claim Form?*1/Feb/2016


Who is the original creditor?
HSBC

Who is the Claimant?
Arrow Global

Who is the Claimant's Solicitor?
Shoosmiths

[charitynjw]

Re: Court Claim - Arrow Global / HSBC - 1-2-2016

By my reckoning your 33 days to submit a defense is up on Saturday, so Monday 4pm latest.

Have you received disclosure as per the CPR request?

What exactly did you ask for?

[saxonheights]

Re: Court Claim - Arrow Global / HSBC - 1-2-2016

I sent them this:
"Under the provisions of The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974) I wish to formally request a copy of the original overdraft agreement and relevant paperwork that you should be sending me annually for this account.

As I held what can only be regarded as an 'Agreed Overdraft', which has now reverted to an 'Unauthorised Overdraft' then the lending becomes regulated in line with c.39 Part VA (s.74) (s.1(b)) CCA1974 meaning the normal rules and CCA(1974) protection applies to this account.

You should be sending an annual reminder to me regards the overdraft, as well as copies of the original agreement made and an annual renewal form that contains the relevant prescribed terms that are clearly outlined in s.74(A)2(a,b,c,d,e). I highlight this provision for your perusal;
s.74A(2) The current account agreement must include the following information at the time it is made:
(a)the rate of interest charged on the amount by which an account-holder overdraws on the current account or exceeds the pre-arranged overdraft limit,
(b)any conditions applicable to that rate,
(c)any reference rate on which that rate is based,
(d)information on any changes to the rate of interest (including the periods that the rate applies and any conditions or procedure applicable to changing that rate), and
(e)any other charges payable by the debtor under the agreement (and the conditions under which those charges may be varied).

You should also be paying attention to s.74(B)(2) which reads, I quote;
s.74B(2) The matters referred to in subsection (1) are:
(a)the fact that the current account is overdrawn or the overdraft limit has been exceeded,
(b)the amount of that overdraft or excess,
(c)the rate of interest charged on it, and
(d)any other charges payable by the debtor in relation to it (including any penalties and any interest on those charges).

Therefore in line with the above, could you please send me the required documents. I trust that I have set out the position clearly and I await your response.

Regards"

[charitynjw]

Re: Court Claim - Arrow Global / HSBC - 1-2-2016

When did you take out the agreement?

Amend to when did you agree the overdraft (I knew what I meant, but it wasn't clear, lol!)

[saxonheights]

Re: Court Claim - Arrow Global / HSBC - 1-2-2016

I'm not entirely sure, I think I originally joined the bank when they were Midland and had a branch in my school run by kids in the early 90s. I don't think I did anything about agreeing to an overdraft or anything after that.