Exactly bankfodder, it is quite unsettling to think that they would let so many transactions go so far over my overdraft. One of my credit cards contacted me once because they thought they had spotted some suspicious activity and sure enough someone had indeed stolen my cc details and made a few transactions although I couldn't see why or how the cc company picked it up as they just appeared to be normal transactions to me and didn't take me over my credit limit (thank goodness they did though) yet hsbc just let over 100 transactions go out which surely would look very suspicious as I have never made such transactions and never gone or tried to go even remotely that far over my overdraft and not bat an eyelid. Not exactly a very good advertisement for their fraud prevention.

Thank you so much bankfodder. On a better note I have spoke to Amazon and they were really helpful and in the process of refunding all the transactions. I will wait and see how much hsbc charge me and take it from there as that was all I was really asking from them was to waiver the charges as it was their fault they allowed a hundred or so transactions to go out from an unauthorized overdraft . Thank you once again and I shall keep you posted.

Hi bankfodder, No they didn't. It was for an online purchase and just said declined please use another method of payment. Nothing ever showed on my bank statements.

Hi dx, App was Roblox, his device and his account. His internet privileges have now been revoked. I accept I am partially to blame and know that money is now lost its just the fact that hsbc allowed my account to go nearly £500 over its overdraft. Allowing purchase after purchase. ( each transaction was for £6.03) and they will now charge me unauthorized overdraft fees for continuing to make purchases when in an unauthorized overdraft.

Hi, Hoping someone might know where I stand on this but I have a feeling I won't have a leg to stand on. Here goes my situation, Discovered today my account was over its overdraft by £471. In a complete panic I rushed to the bank to get a statement only to discover over 100 transactions from Amazon in the last 2 days. Turned out my 13 year old son had used my card and proceeded to use it for in app purchases. I have phoned hsbc to see how I stand on this they state that unless I get the police involved there is nothing they can do (which obviously I don't want to do as he has never done anything like this before and I really don't think he realised how much he had spent) that is fair enough I asked how they allowed my account to go so far over my overdraft, which is £1000, and continue to allow more and more transactions to go out. The reply I got you have to involve the police if you want it sorted. What annoys me most is that a few months ago I tried to make a transaction which would have taken me over my overdraft by about £15 (unwittingly) but was declined how or why on earth did they allow it to reach that limit and sting me with charges which they refuse to withdraw. I have a pretty poor credit rating so it would be considered irresponsible lending surely. Any ideas where to turn next ? TIA Gem77 P.s. Yes my son has had a very stern talking to and being punished accordingly.

Defence submitted 23rd September so yes should be stayed. Definitely didn't sign up online it was a salesman in store. I would imagine they would discount it for a lump sum payment. So I just sit on this and see what there next move is then?

So where do I go from here? Ignore or reply?

Looking at the transaction history it was May 2010 that we hit financial problems. My minimum payment drops to £4 which was what i offered to pay each month when I would have alerted them of financial problems as I did all my creditors. after this time they continued to add interest and late payment fees which by November took me over my limit so they started also adding on overlimit fees as well (I stopped using the card December 09 obviously knowing things werent looking great so not to increase the debt) right up until April 2013, which is when I guess they sold the debt on. Oh and I made a final payment of £40 in october 2010. I guess seeing the debt constantly rise I gave up paying them even the small amount. Nothing after April 2013 Andy looking back in August 2010 I received a letter from Viking a DCA demanding full payment of the existing balance of £953.37 or they would start court proceedings. Surly if the passed to a DCA that means they would have closed the account and therefore can not continue to charge late payment/over limit fees or interest as they have terminated the agreement?

Did you want me to upload the transaction history sheets? I have just finished scanning them.

thought I'd scrubbed out all the personal details. what did i miss? If I remember rightly I filled this out in the store where they collared me as i walked in. Well I say I filled ou the salesman did and I just signed it.

here is the letter and CCA or more like an application form do youwant me to put the transaction history aswell? Restons responsecca013.pdf

Hi all. Hope you all had a good Christmas. I have received a letter from Restons along with a copy of a signed credit agreement and a transaction list from May 2005 - April 2013. The letter states to either withdraw defence and fill out a N9A form ( which isn't going to happen) or fill in their I &E form and offer a payment arrangement and they won't proceed with litigation. Where do I stand on this as I certainly do not agree still with the amount. Looking at the transaction sheets they have added over limit / late payment fees and interest right the way up to April 2013. Aren't these suppose to stop once they have closed the account and adding interest to interest or fees isn't allowed either is it? No sign of a default notice though. Any pointers on where to proceed from here. Do I write to them and if so what should I be hitting them with or should I just ignore and let the apply to 're open the case? TIA x

I have received a couple of letters from Arrow and Restons. The one from Arrow stating they do not accept that they are the creditor, however they are willing to assist in obtaining the requested documents ( response to CCA request) . Goes on to state all collection activity will be suspended pending provision of the documents. Got 2 from Restons . First one stating that because the claim was issued via the county court business centre it allows the claimant to insert brief details of the claim and does not allow for the attachment of any enclosures , it refers to paragraph 5.2A of practice directions 7E. Also states a CPR 31.14 refers to documents mentioned in the POC which those requested are not. They go on to say that the POC contain sufficient information for me to understand what it relates to. Second letter is in response to my defence stating again there is enough info in the POC and that santander should have sent me statements and default notice so I should look through my own personal records for the documents but they have asked the client to try to obtain them and they will contact me further when they have been received. Guess it's just a waiting game now.

oh oops didnt realise that. Will submit it now then. I thought it best to find a thread as close to my own as possible otherwise it gets more confusing to me than it already is and I get totally lost. Thank you so much DX.

right i've scrolled through a fair few threads and this seems to be the defence everyone is using for holding/no paperwork defence. Found one with practically identical POC to mine who also used this defence. Can you just confirm it is the right one for me please. 1.The claimant claims payment of the overdue balance due from the defendant under contract between the defendant and Santander dated on or about May 24 2005 and assigned to the claimant on May 10 2013 Particulars a/c no. ********* Date 16/02/2016 Default balance 1930.83 ' 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had financial dealings with Santander. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. I am unaware of what account or contract the claimant refers to. The claimant alleges the contract was assigned to the claimant on May 10 2013. This is denied I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the LOP Act 1924. 3. The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon. On receipt of this claim the Defendant requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31.14.To date I have yet to receive a compliant response. 4. The Defendant also requested information pertaining to this claim from Arrow Global by way of a Section 78 request. To date I have yet to receive a response complying with the request. 5. Therefore with the courts permission the Claimant is put to strict proof to: (a) Show and disclose how the Defendant has entered into an agreement; and (b) Show and disclose how the Claimant has reached the amount claimed for; © Show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per civil procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Thought I would wait until the deadline tomorrow to submit it just incase something turns up in the post tomorrow morning. is that wise or should I just submit it tonight ? ( If its the correct defence ) Many thanks

Thank you DX.

So my defence is due in tomorrow. Not heard anything from Arrow or Restons about my CPR or CCA. I guess I need to add that into my defence? I shall draft it out later.

Ahh right I didn't connect the 2 good thinking. Will do.

I know I was silly to write. But it stumped me what it was for as I really did think I was paying them all now, and that balance didn't match any of them and hadn't heard a peep about not paying one for a few years. Doing CPR and cca now.

Name of the Claimant ? Arrow Global Limited Date of issue – 23 August 2016 10th September to AOS. 24th September to file defence What is the claim for – 'The claimant claims payment of the overdue balance due from the defendant under contract between the defendant and Santandericon dated on or about May 24 2005 and assigned to the claimant on May 10 2013 Particulars a/c no. ********* Date 16/02/2016 Default balance 1930.83 ' What is the value of the claim? 1930.83 + court fee and legal costs = 2115.83 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit store card When did you enter into the original agreement before or after 2007? May 2005 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. With a debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't remember Did you receive a Default Notice from the original creditor? I don't remember. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Considerable drop in income What was the date of your last payment? Apparently 4th October 2010 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes I had been away at my in-laws when this was issued so I didn't actually receive it till we got back Friday 9th September late in the evening. I did the AOS the very next day. Isn't the CPR 31.14 only able to ask for documents mentioned in the poc? The only thing they mention is the agreement and the date it was assigned?

Hi dx100. Yes that's the one. As you can see I'm sure I set up a payment arrangement and that the original amount was almost £1000 less than they are claiming. Sorry didn't realise I had already started a thread thanks for attaching it for me. Should I also send a CPR 18 to obtain the default notices?

Hi. I have received a claim form from restons for a store card I had back in 2005. I haven't heard anything about this debt for quite a few years and have quite a few other debts that I am paying off and presumed this was one of them as they are all in the hands of collection agencies. A few months ago I received a letter stating the account had been passed to restons but to continue to pay as normal if I am doing so. Thought nothing of it as I know they are always being passed to different agencies. Then I receive a letter from restons that they will be issuing court papers if they don't hear from me and sort out a payment arrangement. I wrote back to them stating I am unaware of this debt and please can they tell me where the figure of £1930 had been comprised of. And that if I agreed with it I would set up a standing order and pay them £5 a month. I also sent them an income and expenditure sheet to show them that is all I could afford. Another letter received to state they are under no obligation to provide me with this information but could tell me it was for an asda card and my last credit was for £40 on October 2010, and that my offer of £5 a month was not enough to stop it going to court and once a ccj was obtained they would seek a charging order on my home. I do remember having an asda card but it was no where near £1930 more around £900. Honestly thought I had been paying but it's one that obviously slipped me by. I guess around £1000 has been added in charges and interest. I have now received claim forms and have sent AOS . I am guessing I now need to send a CPR 31.14? Which I know I have done in the past. Surely it's not right for them to turn round and say they are not obliged to send me supporting information to show what the debt is? I have had no other correspondence from them for years. No statement of account or anything . The POC are very brief 'The claimant claims payment of the overdue balance due from the defendant under contract between the defendant and santander dated on or about May 24 2005 and assigned to the claimant on May 10 2013 Particulars a/c no. ********* Date 16/02/2016 Default balance 1930.83 ' Really not to sure where to go from here.

No that's true. Their excuse for the late submittal of the witness statement was the person at mkdp has been of sick. Should have said about my husband being diagnosed with cancer and undergoing major surgery the last few months but I still managed to submit on time. Must admit the judge made me feel like a right prat Didn't even cross my mind to disclose all the statements I have. me and my big mouth . The judge did say though that by submitting a counter claim through the court I can add damages implying I could claim more than the fos would award me. May well help with mkdp's decision to settle out of court. I shall post up the directions as soon as I get them .

Didn't go quite as well as planned. The rep kept coming back with my defense being ppi yet my witness statement didn't have any evidence disclosed. I said that wasn't my defense my main defense was they had not adhered to any protocol. Of replied to any of my correspondence. Judge didn't seem bothered about that. I stupidly let it slip I had statements going back to 2006 was told off for not disclosing them. I now have to do another witness statement, disclosure and work out a figure to do a counter claim for Ppi. And a new defense.

Thank you Andy. X