Link Financial Court Claim for Amalgamated HSBC Debt

[nemesis45]

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?

Unfortunately they are correct.

A bank account and or overdraft does not have to have a section 87 CCA 1974 Default Notice, the usual practice is to issue a " Formal Demand For Immediate Repayment Of The Outstanding Balance In Full then a Final Demand which in this case is not mentioned in the POC either.

Yes it would help to see the letter.

nem

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

14 April 2016 (received today 27th April 2016)


We write in relation to the above and further to receipt of your correspondence dated 12th April 2016, in the form of a request under CPR 31.14 and enclosing a request for a copy of your Credit Agreement under S77-79 Consumer Credit Act 1974.


We are instructed that our client is today returning your request and the statutory fee on the basis that, as is made clear in the Particulars of Claim, the debt arises under the terms of a Bank Account and not a Credit Agreement with the result that S78-79 Consumer Credit Act 1974 has no application.


in a similar vein your 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, though we will provide you with further and better information to assist you in any event.


The debt falls due under an overdraft the above noted Current Account opened with HSBC 9th April 2002. Owing to a failure to repay the overdraft or administer your account in accordance with the terms and conditions such was called in and, due to no-payment of the same, Assigned to our client 5th January 2009.


As at the point of Assignment, due to financial difficulties, you were dealing with the Consumer Credit Counselling Service (now Step Change) who administered a Debt Management Plan on your behalf until such time as you ceased to maintain payment to them. The debt was included in that plan and numerous payments were made in acknowledgment of the debt, as reflected in the enclosed Statement of Account and it is thus apparent that this debt has at all material times been admitted and acknowledged.


Regarding your request under CPR 31.14 therefore, please consider the following:

1. Agreement - Please provide a further and better description of the disclosed document that you seek to inspect.
2. Default Notice - being a Bank Account, S87 Consumer Credit Act 1974 has no application and no Default Notice has been disclosed.
3. Assignment - Assignment is an Action, not a document. Please provide further and better description of the disclosed document that you seek to inspect.
4. Formal Demand - the Notice of Assignment contains a demand for payment of the full outstanding balance and we attach a copy.

We trust the the information herein is of assistance and look forward to hearing from you with clarification of your requirements under CPR 31.14.


Additionally, should you wish to discuss the matter and settlement of the outstanding debt on a without prejudice basis, please do not hesitate to contact me.

- - - Updated - - -

That's the letter, if there was no default why have they mentioned one in the Claim? Also I am not denying that I had this account that it may have been overdrawn but not to the tune of thousands, more like £500.

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

Copy of letter from Link




14th January 2009


Re Your Agreement with HSBC PLC Relating to Account Number xxxxxxxx


We write to introduce Link Financial Ltd to you. Link Financial is the current owner of the outstanding balance due from you under the agreement referred to above. HSBC has as of 5th January 2009 assigned to Link Financial the outstanding balance under the Current Account Agreement. As a result of this assignment, the full about of the outstanding balance is due immediately.


The total outstanding is £xxxx


Link Financial seeks immediate payment of this amount from you. In order to discharge the outstanding balance, you should send payment to Link Financial without further delay. Details of payment methods are set out on the back of this letter.


Since you now owe the outstanding balance to Link Financial, you should make no payment relating to the outstanding balance to HSBC. Any payment made by you to HSBC will take significantly longer to be processed onto your Link Financial account. If you believe that you have an existing agreement with HSBC to repay this balance by instalment payments you should inform us immediately.


You may wish to take legal advice in relation to this letter. If you do wish to take advice then we suggest you immediately consult a solicitor or your local Citizens Advice Bureau. Should your advisor wish to contact Link Financial, they may telephone us or write to us at the address set out at the top of this letter, quoting the reference number. A copy of our internal complaints handling policy is available should you feel you have been treated unfairly by Link Financial.


Should you wish to discuss the payment please telephone xxxxx.




Yours Sincerely

- - - Updated - - -

There was no Statement of Account enclosed as mentioned in the letter.

[nemesis45]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

[QUOTE=bijim;644592]14 April 2016 (received today 27th April 2016)


We write in relation to the above and further to receipt of your correspondence dated 12th April 2016, in the form of a request under CPR 31.14 and enclosing a request for a copy of your Credit Agreement under S77-79 Consumer Credit Act 1974.

You are asking for a default notice as required under section 87 of CCA 1974 No such notice is appropriate as I said above the outstanding balance is " called in"
i.e. demanded as said if no response is made to the first demand the a Final Demand is issued which will have informed you that failure to meet the demand a default would be registered with Credit Reference Agencies.

A sect 87 Default Notice is a specific document not relevant to the bank account/od.

nem

Interest + Charges have been levied on the account and court/solicitors costs as well.


nem

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

So the statement made on the claim form about a default is to be ignored completely? -'The defendant failed to make payment as required and by 11/01/2008 a default was recorded."

[nemesis45]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

So the statement made on the claim form about a default is to be ignored completely? -'The defendant failed to make payment as required and by 11/01/2008 a default was recorded."

It is a correct "Statement! " Not a Document. There was a default recorded and you were notified but in a Demand for Payment Not a section 87 DEFAULT NOTICE as it does not apply.

The point the solicitors are making although rather pedantic (IMO) is correct as neither a Default Notice nor A Demand for Payment is Not mentioned in the POC
Not mentioned specifically in the POC CPR31. 14 does not apply.

Again if you requested " The Assignment " again they are correct Had you requested " A Notice of Assignment" which is a " document" and if mentioned as such in the POC you can request it under CPR31.14.

nem

nem

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

I'm not sure what the next step is? Should I go back to the Solicitor and ask for anything else or do I need to start working on the defence for the Court?

[nemesis45]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

The solicitors letter is accurate but as said rather pedantic when dealing with a " litigant in person" i.e. not represented by a legal advisor.
You can as they suggest request specifically those documents mentioned in the POC.

nem

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

I have looked at the date for defence and that is 6th May I think - so I don't have time to ask for anything else now?

[nemesis45]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

I have looked at the date for defence and that is 6th May I think - so I don't have time to ask for anything else now?

Have a look at the specimen defence in the " green box" above make a draft defence and post here then we can go over it with you.

nem

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

Thank you! I looked at that and some others that referred specifically to bank accounts and have come up with a terrible start but I'm quite out of my depth here.
CASE SUMMARY- Defence


1. I am the Defendant in this case and Litigant in Person.


2. On 08/04/2016 the Claimant submitted a claim to Northampton County Court stating their particulars of claim.


3. The claim was acknowledged on 12/04/2016 using the MCOL website.


4. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


5. This claim is for a debt resulting from a Current Account agreement with HSBC Bank Plc


6. It is admitted that the Defendant held a Current Account with HSBC Bank from 2002


7. The Defendant believes that the Current Account had an overdraft limit of £500


8. The Defendant suffered from a period of financial hardship from February 2007 due to a diagnosis of Bipolar Disorder. A debt charity contacted HSBC on behalf of the defendant to freeze interest and charges and accept lower payments during this time. The defendant was and still has difficulties with finances due to the nature of her illness. The defendant paid monthly to to debt charity until august 2014. Based on the figures provided by the Claimant the defendant has already paid £2574 off said overdraft.




9. 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.


18. At this stage without documentation I am unable to plead fully to the claim. I request the court orders the Claimants, to provide the necessary documentation in order to fully plead my case, else the claim should be struck out.




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








Statement of Truth


Dated


Signed
edit note

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

I have also noticed that Kearns received my CPR 31.14 request on the 13th April, dated the response as the 14th but I have the envelope with the post date as 26th - does this mean that they are in breach of the terms? Because of their delay I don't have time to request again.

[nemesis45]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

I have also noticed that Kearns received my CPR 31.14 request on the 13th April, dated the response as the 14th but I have the envelope with the post date as 26th - does this mean that they are in breach of the terms? Because of their delay I don't have time to request again.

CPR 31.14 has a turn round time of 7 days there is no sanction for non compliance, the rule only applies to a small claim until it is allocated to a track.

Non compliance can be mentioned in defence and witness statement.

nem

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

I started a defence which was posted above but this all got a bit much last week. I am mindful that I need to complete asap so will start another draft today if someone would help me to refine it? Thank you

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

CASE SUMMARY- Defence


1. I am the Defendant in this case and Litigant in Person.


2. On 08/04/2016 the Claimant submitted a claim to Northampton County Court stating their particulars of claim.


3. The claim was acknowledged on 12/04/2016 using the MCOL website.


4. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


5. This claim is for a debt resulting from a Current Account agreement with HSBC Bank Plc


6. It is admitted that the Defendant held a Current Account with HSBC Bank from 2002


7. Paragraph 1 is denied. The defendant acknowledges holding a bank account with HSBC Bank plc and the defendant further acknowledges that the said account had an overdraft facility. The defendant denies the sum claimed as this is far in excess of any authorised overdraft limit agreed with HSBC bank plc. The defendant believes the overdraft facility to have had a limit of £500.


8. The Defendant suffered from a period of financial hardship from February 2007 due to a diagnosis of Bipolar Disorder. A debt charity contacted HSBC bank plc on behalf of the defendant to freeze interest and charges and accept lower payments during this time. The defendant was and still has difficulties with finances due to the nature of her illness. The defendant paid monthly to to debt charity until august 2014. Based on the figures provided by the Claimant the defendant has already paid £2574 off said overdraft. The defendant believes that the overdraft has been paid in full or even overpaid.




9. 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.


10. The claimant has failed to provide any statement of account to show how they have arrived at the sum claimed. On 12th April 2016 the defendant submitted a CPR 31.14 to the Claimants’ Solicitor Kearns, however a response was not posted by the solicitor until 26th April 2016. The response requested further clarification form the defendant but due to the time delay the defendant does not have the opportunity to address these points.


11. At this stage without documentation I am unable to plead fully to the claim. I request the court orders the Claimants, to provide the necessary documentation in order to fully plead my case, else the claim should be struck out.




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