Link Financial Court Claim for Amalgamated HSBC Debt

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

Bump - could anyone please advise me as this needs to be submitted tomorrow I think? Thank you

[charitynjw]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

Statement of Truth?

(That's just an initial observation).

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

Sorry I don't know what that is?

[nemesis45]

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.

Statement of truth.

The defendant states that the above is true to the best of his knowledge and belief:


Signed............................................ .............Dated................................ ........:


The above is what Charity mentioned.

nem

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

Thank you! Does it seem OK otherwise?

[nemesis45]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

Reading back on the thread I can't see anything more you can say, good to go.

nem

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

Thank you so much for your help, I have submitted the claim online. Either way now I have done my best which I couldn't have attempted without this site.

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

Follow up - I haven't had any response from the court/claimant, should I have heard something by now? I'm not sure what to do, link are now sending me statements and letters requesting payment as if no court action was raised.

[nemesis45]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

Follow up - I haven't had any response from the court/claimant, should I have heard something by now? I'm not sure what to do, link are now sending me statements and letters requesting payment as if no court action was raised.

Good morning,

Check with the court in the morning I to check if anything has moved on.

nem

[bijim]

Re: Link Financial Court Claim for Amalgamated HSBC Debt

Morning! Thank you, will do