Help with CPR please.

[Offthelip]

Firstly, thank you so much for the great advice on this forum.

I received a County Court claim from Hoist and their solicitors Howard Cohen and Co.

I have completed the acknowledgement of service online via MCOL confirming that I intend to defend all of the claim. I understand I do not need to complete a CCA request as it is for an overdraft. I am currently writing the CPR request to send to the solicitors, Howard Cohen and I am having difficulty in which documents to request. On the claim form the particulars of claim are:

The claim is for the sum of £****.** in respect of monies owing pursuant to an overdraft facility under bank account number ******/********
The debt was legally assigned by MKDP LLP (Ex HSBC) to the claimant and notice has been served. The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.
The claimant claims
1. The sum of £****.**
2. Interest in pursuant to s69 of the County Court Act 1984 at a reate of 8.00percent from 19/02/2010 to the date hereof 2189 is the sum of £***.**
3. Future interest accruing at the daily rate of £ .**
4. Costs

Any help would be most appreciated as Ineed to send the CPR request urgently.

[Amethyst]

Re: Help with CPR please.

The claim is for the sum of £****.** in respect of monies owing pursuant to an overdraft facility under bank account number ******/********
The debt was legally assigned by MKDP LLP (Ex HSBC) to the claimant and notice has been served. The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.
The claimant claims
1. The sum of £****.**
2. Interest in pursuant to s69 of the County Court Act 1984 at a reate of 8.00percent from 19/02/2010 to the date hereof 2189 is the sum of £***.**
3. Future interest accruing at the daily rate of £ .**
4. Costs

Therefore I think you are quite within the CPR to request the Notice of assignment and the Terms and Conditions of the Bank Account.

[Offthelip]

Re: Help with CPR please.

Thank you. Just to confirm, I have completed the knowledge of service and will send of the CPR request to request T&C's and NOA today, is that all I need to do before preparing my defence? This is a very old account I have no record off and it does not show on my credit report.

[Kati]

Re: Help with CPR please.

Thank you. Just to confirm, I have completed the knowledge of service and will send of the CPR request to request T&C's and NOA today, is that all I need to do before preparing my defence? This is a very old account I have no record off and it does not show on my credit report.

Your defence will be due 33 days after the date of issue on the court claim ... that gives you time to try and find out a bit more about the debt (if possible) xx

[Kati]

Re: Help with CPR please.

[MENTION=6]Amethyst[/MENTION] ... do overdrafts go SB?? I've noticed the PoC is asking for interest from 19/02/2010 (which is over 6yrs ago now) and the bank wouldn't have passed it over to anyone straight away :noidea:.

[Amethyst]

Re: Help with CPR please.

YES Overdrafts can go statute barred, ideally you'd want the terms of the account to check, but most overdrafts are annually renewed. If not ( and some smaller ones that come with the account aren't) then any terms which allow them to call in the overdraft - such as no salary payments in for X months, or no DD's set up on the account, or no activity for 3 months - that kinds of thing which would allow them to recall the debt can be used as the cause of action. Of course if the account was closed and defaulted and passed over to a DCA for collection then that makes life easier for ascertaining the cause of action date for limitations to run from than if the account is still live/active.

The interest 19/02/2010 should actually be from when the debt was assigned to MKDP not right back to when it was defaulted, that date being there is a very good indication of statute barring, it depends when the claim was issued - was it before the 19th Feb this year?

[Offthelip]

Re: Help with CPR please.

The issue date is 22/02/16.

[Kati]

Re: Help with CPR please.

The interest 19/02/2010 should actually be from when the debt was assigned to MKDP not right back to when it was defaulted, that date being there is a very good indication of statute barring, it depends when the claim was issued - was it before the 19th Feb this year?

The issue date is 22/02/16.

so ... over 6yrs (as far as THEIR interest is concerned (even if only by a few days) xx

[Offthelip]

Re: Help with CPR please.

Hi

Many thanks for all your help. I have received a reply from my cpr request. It acknowledges receipt of my cpr then goes on to say

" We are currently in the process of retrieving the documents requested,

Therefore, please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the claim form as you feel appropriate.

We trust this is in order......"

Am I right in thinking that they should have got their house in order before they issued a claim and that I should just proceed with my defence, within the 33 days, that they have provided no proof or documentation that the debt exists or is mine?

[Amethyst]

Re: Help with CPR please.

Am I right in thinking that they should have got their house in order before they issued a claim and that I should just proceed with my defence, within the 33 days, that they have provided no proof or documentation that the debt exists or is mine?

You are exactly right

[Offthelip]

Re: Help with CPR please.

That's the answer I wanted. Would you please point me in the right direction for a defence template regarding overdrafts? I can only find them regarding cca accounts. Again, thank you so much for your invaluable help.

[Offthelip]

Re: Help with CPR please.

Hi, I need to write my defence over the next few days. Could you please point me in the right direction? As its for an overdraft and does not have a CCA I am struggling to find any examples on the site. Maybe I am looking in the wrong place. Many thanks

[Kati]

Re: Help with CPR please.

Hi, I need to write my defence over the next few days. Could you please point me in the right direction? As its for an overdraft and does not have a CCA I am struggling to find any examples on the site. Maybe I am looking in the wrong place. Many thanks

Have a go at adapting this - http://legalbeagles.info/forums/show...t-Court-Claims

It's not specifically for overdrafts, but it'll get you started xx

[nemesis45]

Re: Help with CPR please.

Hi

Many thanks for all your help. I have received a reply from my cpr request. It acknowledges receipt of my cpr then goes on to say

" We are currently in the process of retrieving the documents requested,

******Therefore, please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the claim form as you feel appropriate. ******

We trust this is in order......"

Am I right in thinking that they should have got their house in order before they issued a claim and that I should just proceed with my defence, within the 33 days, that they have provided no proof or documentation that the debt exists or is mine?

****** Don't forget to notify the court in writing that an extension of 14 days has been granted. Otherwise the court process will continue regardless.

nem

[charitynjw]

Re: Help with CPR please.

YES Overdrafts can go statute barred, ideally you'd want the terms of the account to check, but most overdrafts are annually renewed. If not ( and some smaller ones that come with the account aren't) then any terms which allow them to call in the overdraft - such as no salary payments in for X months, or no DD's set up on the account, or no activity for 3 months - that kinds of thing which would allow them to recall the debt can be used as the cause of action. Of course if the account was closed and defaulted and passed over to a DCA for collection then that makes life easier for ascertaining the cause of action date for limitations to run from than if the account is still live/active.

The interest 19/02/2010 should actually be from when the debt was assigned to MKDP not right back to when it was defaulted, that date being there is a very good indication of statute barring, it depends when the claim was issued - was it before the 19th Feb this year?

Could the OP send them an SB letter?

http://www.legalbeagles.info/forums/...ed-Debt-Letter

@nemesis45