Rockwell/Pinnion claimform - HSBC merged accounts **DISCONTINUED**

[questioning]

hi,

was the CC claim issued at Northampton?

You probably already know this but as you wish to defend you must file the acknowledgement of service within 14days of issue if not they will win by default. This info is on your claim form.

 

Did you ask for your CCA in writing or just over the phone?

When were the cards taken out?

 

Take a look at this thread Its very helpful. http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

Sugarfaceagentx20 has drafted a letter that you could use in the above thread in his first post and explains why it seems better to send this rather than a CPR part 18 request.

If I were you I would use his example letter and tailor to your circumstances.

 

Oh and I'm not the court expert by the way, LOL, I wish I was.

Edited February 15, 2009 by questioning
added a bit

[questioning]

As paul said that letter I advied is not the best, SORRY, so I suppose the CPR part 18 is the best.

The claim I had from HSBC was the same as yours, very vague infact on mine they didn't even put an account number.

 

Question for someone more knowledgable out there, As it was issued from Southend and not Northampton CCBC does that make a difference,

 

Here is part 18 CPR request

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION Part 18 CPR request.

 

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. 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.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

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. .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).

d. 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.

e. 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.

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

g. 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.

h. 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).

[questioning]

One thing is if you are posting the AOS off tomorrow make sure you send it by recorded/registered post so you have proof that you sent it in time.

Its probably easier to do it online, on the MCOL site, thats how i did mine last year, its easy and saves the postal costs. It should tell you this on the claim form.

[questioning]

No it doesn't make any difference, you've answered my question now, as I can see from your post #19 Southend is a "County court bulk centre " so no forget that.

 

Just seen pauls post, I thought southend was a CCBC because your earlier post #19 said it was, .... So its not a CCBC then, so yes it does make a difference.

I'll leave you in Pauls capable hands, hes the expert, Good luck

Edited February 8, 2009 by questioning

[questioning]

Oh, that gets my confusion over then.

Thats why I asked where it was issued in the first place, as I have seen Paul ask many times before and not assume the claim has come from Northampton.

When you posted southend CCBC I assumed it was also a bulk centre, although I had always thought Northampton was the only BC.

Well its good thats all sorted then, LOL

[questioning]

just refreshed my self with your thread.

Great result, good one!