Restons Solicitors - HSBC Credit Card Debt - County Court Claim

[Axle_81]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Not yet no

[Axle_81]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Hi

I've done both letters now and will attach to the original post (can you attach to replies? I don't think you can...). I'd be very grateful if you could review them both, particularly the letter to Restons as I've used my own wording, based on what you've suggested.

Thanks again.

[Axle_81]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

OK it won't let me add any more attachments for some reason, so I'll just have to copy and paste:

CCA

Dear Sir/Madam

Re:− Account Number **************

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,

AND CPR

Dear Sirs,

Claim Number:

Thank you for your letter of 23rd November 2016, the contents of which is noted. For clarity & emphasis I would refer you to the below-mentioned paragraphs concerning matters which predate allocation to the Small Claims Track & CPR 27, & your CPR 31 duties.

Request for documents mentioned in a statement of case under CPR 31.14

As you are aware, on 11/11/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

I require inspection of documents you mention in your particulars of claim :


1. Contract
2. Notice of Assignment


The “Contract” should include the Terms and Conditions and the signed agreement, neither of which were forthcoming in your particulars of claim. I would also expect to see the Notice of Assignment itself.
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 24/11/2016.

I look forward to hearing from you.

Yours sincerely

[charitynjw]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

OK it won't let me add any more attachments for some reason, so I'll just have to copy and paste:

CCA

Dear Sir/Madam

Re:− Account Number **************

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,

Fine.

AND CPR

Dear Sirs,

Claim Number:

Thank you for your letter of 23rd November 2016, the contents of which is noted. For clarity & emphasis I would refer you to the below-mentioned paragraphs concerning matters which predate allocation to the Small Claims Track & CPR 27, & your CPR 31 duties.

Request for documents mentioned in a statement of case under CPR 31.14

As you are aware, on 11/11/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

I require inspection of documents you mention in your particulars of claim :


1. Contract
2. Notice of Assignment


The “Contract” should include the Terms and Conditions and the signed agreement, neither of which were forthcoming in your particulars of claim. I would also expect to see the Notice of Assignment itself.
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
Scrub this - defence already submitted.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 24/11/2016.

I look forward to hearing from you.

Yours sincerely

Otherwise, good to go!
& maybe, with a bit of good fortune we can tweak your defence.
Could you phone the court tomorrow to see whether it's been filed, & let us know accordingly?

[Axle_81]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Ok great I'll take that bit out as you suggest. Will phone court tomorrow and get back to you asap. Thank you very much once again.

[Axle_81]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Hi

Yes my defence has been filed. A letter to affect arrived AS I was on the phone to them...

[charitynjw]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Hi

Yes my defence has been filed. A letter to affect arrived AS I was on the phone to them...

Does the notification state that the Claimant has 28 days to reply to your defence? (This is a fairly standad court instruction at this stage).
Anything else on it that is of significance?

[Axle_81]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Right so... In summary

Receipt of defence acknowledged, claimant may contact me direct to resolve, if it can't then claimant informs court (within 28 days)

Claim will then be stayed unless they apply to judge to lift it.

All the letters went yesterday 1st class as per your instructions.

Thanks

[charitynjw]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Ok, so the ball is now in the Claimant's court.
They will also receive your CCA & CPR 31 requests shortly.
If they can't produce compliant documentation within the CCA timeframe (12 days + 2 for post), they can't enforce the claim.
If they do not respond to the court instruction within 28 days or so, the case will probably be stayed. (you do not receive notification of this, so if you haven't heard anything to the contrary, phone the court for an update.)
Unfortunately, your submitted defence doesn't include sending these 2 requests.

[Axle_81]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Ok thanks very much

Checked Experian and the default date on this account was 29/12/10. If they apply to have the stay lifted after 29/12/16, is it still classed as statute barred though they started the process already?

The last time I sent a similar request to Arrow Global in June, they wrote back saying they needed a pound, which I paid them and they took off the account balance - that was the last I heard from them.

Fingers crossed the same happens again...

[nemesis45]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Ok thanks very much

Checked Experian and the default date on this account was 29/12/10. If they apply to have the stay lifted after 29/12/16, is it still classed as statute barred though they started the process already?

The last time I sent a similar request to Arrow Global in June, they wrote back saying they needed a pound, which I paid them and they took off the account balance - that was the last I heard from them.

Fingers crossed the same happens again...

The 6 year Limitation Act " clock" stops on the date a claim is issued.

nem

[charitynjw]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Once a claim is received by the court for processing, the SB 'clock' pauses.
If it is within 6 years of the date of the cause of action (England & Wales), which will be subsequent to the last payment date, the claim is probably not barred via the Limitation Act.
[MENTION=55034]nemesis45[/MENTION]
Good afternoon, nem (As it's now gone 12 noon)
Snap & crossed-posts!

[nemesis45]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Once a claim is received by the court for processing, the SB 'clock' pauses.
If it is within 6 years of the date of the cause of action (England & Wales), which will be subsequent to the last payment date, the claim is probably not barred via the Limitation Act.
@nemesis45
Good afternoon, nem (As it's now gone 12 noon)
Snap & crossed-posts!

Good afternoon [MENTION=5553]charitynjw[/MENTION] The sun is shining!!

nem

[Axle_81]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Hello! So far nothing received - I note the CPR31 request gave a time limit of 7 days - it's well past that now.

Is that good news? Or does it not mean anything until the 28 days are up because it wasn't in my defense?

Same for Arrow Global, I think they've got till about Tuesday to respond...

thanks,

[nemesis45]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Hello! So far nothing received - I note the CPR31 request gave a time limit of 7 days - it's well past that now.

Is that good news? Or does it not mean anything until the 28 days are up because it wasn't in my defense?

Same for Arrow Global, I think they've got till about Tuesday to respond...

thanks,

Hello Axle

You can chase the CPR request if you wish but don't chase the CCA request.

nem