FV-1/IND Court claim HSBC Managed loan debacle **WON Claim Disc'd**

[Boro]

But i dont want to get a ccj at all im 18 months of having a clean credit record and would like to get a mortgage before too much longer, having ccj's hinders that and well if i get ccj's i may as well then go bankrupt as they both take the same amount of time to drop off but going bankrupt wipes everything out and gives you a fresh start, but thats something i have been avoiding for the last 5 years and hope wont have to happen

[Lula]

can you scan the form and post it on here? best scan it and upload it to photobucket and post the link, take out any personal information first

[tifo]

no, it does not hinder you ....

 

if you get a CCJ for £300 and pay it within 28 days, it is not recorded. So will not show on your credit file as if it never existed.

 

you then 'get away' by paying £300 for a £4,500 debt due to the DCA's own arrogance.

 

you need to make sure you keep the paid judgement forever as the DCA will try and chase for many years but as long as you show the court you have had and paid a judgement for this account, they cannot issue.

 

s.35 Division of causes of action

 

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.

 

like a default, you can only get a CCJ once for any account.

 

at the end of the day it's up to you and more knowledgeable members may give different advice.

[Boro]

Sorry lula i cant very easily scan it as i dont have a scanner and it would meen getting someone else to do it, it looks like a standard n1 to me, anything in particular you want to know from it?

 

Tifo that relies on having the money to pay in full, things are a little tight right now, perhaps i could borrow it if i had to though, does the same apply if i was to defend the claim and lose for whatever reason or is this only if i admit?

[Guest Old_andrew2018]

cam you fax them form, here a way

I hpoe the link works http://www.consumeractiongroup.co.uk/forum/general-knowledge/133165-no-scanner.html#post1402314

[lickthewallfatboy]

like a default, you can only get a CCJ once for any account.

 

at the end of the day it's up to you and more knowledgeable members may give different advice.

 

one default per account?I can clealrly recall multiple defaults being received for accounts......if this is true,what kind of comeback do you have?

[pt2537]

So IND have followed through with their threat and this morning i had a claim form through the post, what bemuses me is why when the amount is in excess of 4.5k (which they admit on the form and this being part of) do they only file a claim for £300!, interestingly the claimant is fv1 (usa address on the form) with IND's po box address for documents, i plan on defending in full, could someone please tell my what i need to for a Civil procedure request please and also what i need to at this point and the time scales, thanks guys!

Ok

 

Lets not worry about CCJs yet eh? you need to have been to court, lost and not paid before that happens.

 

i would be more worried about fighting this than about a CCJ;)

 

so, this is what we do

 

firstly, i need to know what the debt is for? credit card,loan etc?

 

when was the debt taken out?

 

also where was the claim issued? on the top right hand corner of the claim form it should say " Northampton County Court Bulk Centre" or which ever court it was issued in. its important to know which court they have used

 

who was the original creditor and if its not the OC which has issued proceedings then did you receive a notice of assignment? also have you had a default notice ?

 

Did you recieve a letter before action notifying you that they would be taking legal action?

 

Also have you CCA's them at all? if so what did they send back

 

 

Finally can you post what their POCs say?

 

if you can provide answers to this i would be grateful

 

Regards

paul

[Boro]

It was for a personal loan taken out approx march 2002,

the claim was issued in northampton county court bulk centre,

the original creditor was hsbc,

the claimant is FV-1 (usa address on the form) with IND's po box down for documents to be sent to,

 

i have had notice of assignment from hsbc (this time last year)

not sure about a default notice will check,

 

yes i had a LBA a week ago, first time i have heard from IND,

not headed as such but rather "LAST LETTER BEFORE LEGAL PROCEEDINGS" (funny that as never heard from them until then!) no i have not sent off a cca request as its a less than a year from being statute barred i didnt want to stir things up, particulars of claim are:

 

The claimant claims for sums due under a/various credit agreement(s) entered into between hsbc plc and the defendant.

The rights of hsbc plc passed to the claimant pursuant to and assignment dated XX/XX/06 between hsbc plc and the claimant.

 

The agreement(s) was/were terminated upon the defendants failure to comply with the terms of the agreement(s) and or the statutory notice of default served by hsbc plc. And the claimant claims: Personal loan account XXXXXX/XXXXXXXX balance of 2XX.XX being part of 4,XXX.XX as of XX/XX/04. Interest under s69 of the county court act 1984 at the rate of 8% a year from the default date(s) to X/X/08 of XX.XX and also interest at the same rate up to the date of judgement or earlier payment at the daily rat of 0.05 AND costs.

 

Dunno if its worth noting but court costs £15, solicitors costs £0

 

Checked my records and i did have a default notice although theres no mention on it of which account number it refers to....... (does mention "personal loan" in the text though)

[pt2537]

Oh dear,

 

a template Particulars of claim strikes again:o

 

that set of particulars is so ambiguous, was the agreement terminate then the default issued? GOD KNOWS cos i cant make head nor tail of it and if we cant then nor will the court

 

right, send them this letter ASAP, send it by special delivery and edit it to suit your circumstances

 

if it refers to something which is not relevent to your case then edit it out

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

 

[Boro]

Thanks paul, for the record (although im sure you realise this already) XX was me deleting details which make it easily recognised on the document it does say amounts, agreed very template like though

[Boro]

Oh and before i forget is the above letter or indeed defending a court claim acknowledgment of a debt? ie will it restart the 6 year clock?

[pt2537]

nope it wont, the reason is they have brought the claim within the 6 year period as outlined in the Limitation Act 1980

 

so you need now to see what they are basing their claim on, so you need to send them the letter to ask for disclosure

[Boro]

Did you get my message btw paul? thoughts?

[pt2537]

may have, to be honest i havent gone through my messages, ive been up to my eyes in it at home today

 

i will take a looksy in a while, if i cant get time tonight then i will first thing in the morning

[boss lady]

Hi don't mean to jump in but just to let you know Boro I have had the same thing originally HSBC and have just received court papers from FV-1 who also placed a default on my credit file. Several months ago HSBC removed the default as they could not produce the copy. So pt2537 can FV-1 actually put the default back on again as I never received the default notice from either company.

 

Thanks for the info I am going to do exactly what you advised Boro.

[Boro]

Whats also strange about hsbc is that neither of my accounts are on my credit report and to the best of my knowledge havent been for years if ever oh and i have another hsbc account (business credit card iirc) also with fv-1 who are using SRJ to collect (or attempt to as i aint paying), just waiting for the claim for from them through now

[Boro]

Just a thought but i think i have read about people on here having problems sending items recorded/special delivery to po box addresses (and also some that where signed which i find odd) what do i do if the man in the post office refuses to allow me to send it special delivery as they have with some? is proof of posting good enough in this situation for a cpr request? or do i need to prove that it was received?

[tifo]

one default per account?I can clealrly recall multiple defaults being received for accounts......if this is true,what kind of comeback do you have?

 

Yes, me too, which is unlawful under the DPA 1998. Last year i had 5 defaults for one account and i made the DCA close the account in question as well as 2 others as compensation .... that's a total of around £2,700 written off. The problem i'm having now is the bank wants to pay my charges refund to the DCA (blessed by the FOS), and the DCA has re-opened the accounts.

 

I've had this previously with HFC where i lost a £2,900 claim (through the FOS) as the settled account was opened again when i made the claim. Apparently, a written off amount is still always there, even many years later to offset any money they have to pay you.

 

Back to the question, you can only have 1 default per account at the CRA's and when it runs out after 6 years there can never be another one. After all, you can only 'default' once on an account ....

[Baldylocks]

Hiya folks

 

Just to let you know I was 'hit' by these guys back in December and am defending my claim - got to the allocation questionnaire stage

 

Think I might write off to companies house about the lack of information on their letters - from reading this thread it seems they have sent me identical letters..But didn't think to question who they actually are before..

 

Can't do any harm can it?!

[bigandyuk1]

My wife recieved the same letter today. I am going to CCA them straight away so at least it is in dispute. She has not heard from HSBC since about 2000 so it may be statute barred as well ???

 

Kind Regards

Bigandy

[ScarletPimpernel]

Companies House should be informed, but will probably do no more than send out a notice telling them to get it right. Clearly a company failing to comply with the law in this deceitful and misleading way, however, should be brought to the attention of the OFT's Consumer Credit Licencing Fitness team.

[Boro]

Could someone please let me know on my last post as i would like to get this off

[Boro]

Could someone please clarify the following points as i realy want to get this request off:

 

Who should i address the cpr to as the claimant is fv-1 (us address) with IND's po box address down for documents, no individual names mentioned

 

Do i need to put their address, the date and my address on the cpr, if so do i use fv-1's address on it of IND's

 

Point D on the cpr has "(if applicable)" do i remove the "(if applicable)"

 

As it was issued in northampton county court bulk mail centre i assume thats the court i list on the request or will northampton county court suffice?

 

As the address supplied for sending documents is a po box can i send cpr special delivery, what happens if the post office refuse to and if they do refuse is proof of posting good enough in this situation bearing in mind that the court documents are always send standard post

 

 

Look forward to your responses thanks guys

 

 

[lt4waf]

Hey Boro

 

I'm in the exact same situation as you with a claim from FV-1 using IND with that PO BOX address. I've posted a link to my thread.....

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/133012-help-received-claim-form.html?highlight=IND

 

I sent the CPR off to the IND PO Box address by special delivery, and it was signed for the next day. (I took a screen shot of the royal mail tracking number confirmation of delivery page as further proof incase of any future shenanigans!)

 

I'm not sure why certain post offices are refusing to send to PO Boxes.

 

I know the counter staff have to put the destination address into the computer before accepting the special delivery. However as i have successfully had my special delivery reach the PO BOX and be signed for. Then the address will be valid on the post office address database, and so your special delivery should be accepted. If it isn't, I'll send it for you and we'll discuss the £4.30 if and when.

 

With regards to the CPR i amended very little, and left in the "if applicable" part. I sent it to IND because that's where the claim form says to send correspondance.

 

I stated my address at the top of the letter followed by:-

 

In the Northampton (CCBC) County Court

FV-1 Inc -v- My Name

Claim Number: xxxxxxxxx

 

Dear Sir.......blah blah blah.......blah blah bbbblaaah burrrrblaaaaaah!

 

-----------------

 

I'm waiting their response before i can decide what to do next. Oh yeah, and i've filed the Acknowledgement of Service stating i dispute everything.

 

Hope this helps!

[Boro]

Thanks cpr is on route, could someone please tell me does the 28 days run from the AOS (which was made 5 days after the issue date) or the date i received the claim? is it worth me sending a cca request to fv-1's address in london or will failing to supply one as per cpr be all i need?