Arrow/? claimform - old HSBC Credit card debt - poss SB'd

[roland60]

Hi

I'm new to this forum and was referred here by another member.

 

I really need some help with a court claim I received through Northampton Court.

 

After speaking to Northampton Court

who advised me to make the Acknowledgment of Service and whether to defend or not.

 

I made the Acknowledgment of Service on 19th April.

 

The claim was issued on 10th April and I think I have until this Friday to respond.

 

This is for a credit card debt that I have not used for over 7 years.

 

Many thanks in advance.

[renegadeimp]

Can you give more info on the debt please.

[dx100uk]

If you read the following link and then copy and paste the Q,s and your response and post back here for further advice.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

[roland60]

Name of the claimant? ARROW GLOBAL LTD

 

Date of issue 10th APRIL 2017

 

Particulars of Claim:

1. The claimant's claim is for the sum of £1000 being monies due from the defendant to the Claimant under a regulated agreement between the defendant and HSBC Bank Plc (No.XXXXXXX) and assigned to the Claimant on 28/03/2014, notice of which has been provided to the defendant.

 

2. The Defendant has failed to make a payment in accordance with the terms of the agreement and a Default Notice has been served pursuant to the consumer credit act 1974.

 

3. The Claimant claims the sum of £1000

 

4. C has complied, as far as is necessary, with the pre-action conduct practice direction.

 

What is the value of the claim? £1200 (incl court fees etc)

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CREDIT CARD

 

When did you enter into the original agreement before or after 2007? I CAN'T REMEMBER

 

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. DEBT PURCHASER

Were you aware the account had been assigned – did you receive a Notice of Assignment? YES

 

Did you receive a Default Notice from the original creditor? NO

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NOT SURE

 

Why did you cease payments? FINANCIAL HARDSHIP

 

What was the date of your last payment? FROM MEMORY BEFORE 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 management plan? NO

[martin2006]

Your defence needs to be in by 4pm friday 12th may.

 

Are you absolutely certain that you have not made any payments towards or acknowledged the debt in writing in the last 6 yrs?

 

If not, ring HSBC and ask for the last payment date.

 

If you are sure, file the SB defence which im sure dx will pop onto thread shortly.

 

You need to move quickly now to get the info from HSBC, if theres a payment within the last 6 yrs then your defence needs changing.

[roland60]

I spoke with costumer services at HSBC today and had to go through a number of security questions, I failed to answer one question correctly which apparently locked me out of the account, so now I've been told to go to the branch with ID to get access to the account. I will pop into my local branch tomorrow.

 

I am confident that I have not made any payment for over 6 yrs or any written acknowledgment.

[dx100uk]

well done keep going

if you can prove its sb'd we'll kill the claim dead

[roland60]

HSBC has confirmed that no payments have been made in the last 6 yrs and the account was closed in 2011.

[dx100uk]

well done!

 

 

you can go file this on mcol now

 

 

The following defence is all you need if it is SB

 

 

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

 

..ends..

 

 

 

 

dx

[roland60]

Thanks ever so much for your help DX100uk.