Link Financial Court Claim for Amalgamated HSBC Debt

[bijim]

Hi there, new to this and completely out of my depth.

I was diagnosed with bipolar in 2006 and lost my job and income, at the time I think that I had an overdraft and possible loan / credit card with First Direct/HSBC. I started a DMP 2007/8 and paid until 2014 when I had a bad episode and lost control of my finances again.

Link Financial have issued a Court Claim against me for approximately £8k which cannot be overdraft as I wouldn't have been allowed more than £500 I'm sure. I had a personal loan from them years prior and I think was paid off. It may be credit card debt from a bipolar episode at the time. They have dated it back to 2002 on the form which I' guessing was when I opened my current account.

My husband helped me to send the CCA 77-79 request letter and acknowledgment of the court claim but Link have returned the £1 and said that this debt is not covered as it relates to a current account, which I am certain that it does not.

Please could anyone advise how I can ask for proof of the bank account debt? Whatever overdraft I had must have been paid in the six years or so that I was paying via CCCS.

Also should I inform Link/the Court of my mental health issues? I have great difficulty in dealing with paperwork/finances etc. and I would like to appoint my husband to represent me if possible.

[charitynjw]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

Hi & welcome to LB, [MENTION=84678]bijim[/MENTION]

Could you complete the following, please:

If you received a court claim and want to start a new thread in this forum please post the following information as your first post.

Received a claim?
Issue Date:
Amount approx:
Claimant:
Solicitor:
Original Creditor:
Particulars of Claim: Please type out in full excluding names/account numbers
Is the debt Statute Barred?
List any letters you have sent:
Any Other Info:

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

Received a claim? Yes 12/4/16
Issue Date: 8/4/16
Amount approx: £8200
Claimant: Link Financial
Solicitor: Kearns
Original Creditor: HSBC
Particulars of Claim: Please type out in full excluding names/account numbers
The claimant claims the whole of the outstanding balance due and payable under the terms of the bank account referenced xxxxxx and opened effective 09/04/2002 with HSBC plc. The defendant failed to make payment as required and by 11/01/2008 a default was recorded. As at 05/01/2009 the defendant owed HSBC the sum of 9593. By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective 05/01/2009 and made regular upon the claimant serving a Notice of Assignment upon the Defendant shortly thereafter. And the Claimant claims - 1.7019 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8% per annum from 27/08/2014 to 07/04/2016 of 853 And at a daily rate if 1.46 to date of judgement or sooner payment. Date 07/04/2016
Is the debt Statute Barred? Unknown
List any letters you have sent: CCA Request 12/4 and CPR Request 12/4 Acknowledgment done online
Any Other Info:

- - - Updated - - -

Reply rec'd today from Link refusing CCA as refers to a current account which I am certain is does not.

[nemesis45]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

Hi the POC states a bank account, what do believe the debt arises from?

Have you acknowledged service of the claim and intention to defend in full?

nem

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

I have acknowledged and said that I intend to defend in full. They are claiming that it is current account but I can only think that they have wrapped up a credit card debt into this as there is no way that I ever had an overdraft of £7k. The max overdraft I would have had is £500.

[nemesis45]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

I have acknowledged and said that I intend to defend in full. They are claiming that it is current account but I can only think that they have wrapped up a credit card debt into this as there is no way that I ever had an overdraft of £7k. The max overdraft I would have had is £500.

Ok It's something that can be looked at as part of a defence. Have you checked your credit files recently if not it may be of benefit to check what's showing. ( you can check Noddle free online)

nem

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

Thank you I have just checked and there is nothing about this debt at all on Noddle.

[nemesis45]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

Thank you I have just checked and there is nothing about this debt at all on Noddle.

Interesting so no Credit Card no Bank Account or Overdraft, some time ago Lowell another debt purchaser used to " consolidate " all the debts they held for one person I wonder if Link has done the same??

Do you know when these accounts were defaulted/last payments?

nem

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

Interesting so no Credit Card no Bank Account or Overdraft, some time ago Lowell another debt purchaser used to " consolidate " all the debts they held for one person I wonder if Link has done the same??

Do you know when these accounts were defaulted/last payments?

nem

They say that a default was recorded on 11/1/2008 and I was making payments via CCCS/Step Change DMP plan until 2014 when my finances went awry again due to a bipolar episode. I definitely had a First Direct CC so the chances are that they have rolled the debt into one sum and called it a Current Account debt.

[nemesis45]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

They say that a default was recorded on 11/1/2008 and I was making payments via CCCS/Step Change DMP plan until 2014 when my finances went awry again due to a bipolar episode. I definitely had a First Direct CC so the chances are that they have rolled the debt into one sum and called it a Current Account debt.

Then a part of your defence is you do not recognise a bank account with this amount outstanding.

nem

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

Thank you - do I notify Link of this at this stage or put the defence in to the court? Can I ask for evidence of this so called bank account debt?

[nemesis45]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

Thank you - do I notify Link of this at this stage or put the defence in to the court? Can I ask for evidence of this so called bank account debt?

In your defence leave Link to do their own work,

nem

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

In your defence leave Link to do their own work,

nem

So I basically submit a reply to the court saying that I do not recognise a bank account with this amount outstanding and they will have to prove it to the court? Sorry to be so dim if that's obvious! I am very nervous of what to do here.

[nemesis45]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

So I basically submit a reply to the court saying that I do not recognise a bank account with this amount outstanding and they will have to prove it to the court? Sorry to be so dim if that's obvious! I am very nervous of what to do here.

You need to put a defence together which we can do with you.

nem

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

I have today received a reply from Kearns Solicitors stating that my "request made under CPR 31.14 is not appropriate as it seeks production of documentation that is not specifically disclosed in the Particulars of Claim". They say that no default has been disclosed with it being a Bank Account but to me it looks as though they are quoting a default dated 11/01/2008 in the claim? Should I type the whole letter here?