Received a court summons in the post this morning

[SlightlyConcerned]

Good morning everyone,

Longtime lurker but first time poster and I am in need of your advice. Got this little gem in the post this morning:


Thought I'd scan it rather than explain and get confused. This relates to a HSBC loan I had a fair few years ago. At the time I ran in serious financial difficulties (lost my job) and was unable to repay any of it back. I've moved around a fair bit since then and guess it's taken them a while to find me, even though I've been on the electoral roll at every address I've lived at. The bit I find strange is the old HSBC account information has long since dropped off my credit report. I should also say that I have not made any repaymens on this or acknowledged it in any way.
After having a look on here I'm thinking I should do (and please correct me if I'm wrong):

1. Acknowledgment of service - get this sent back to extend my defence time to 28days
2. Send a CCA request to 1st credit

Any other steps I should take? I do remember one of the letters they sent offered a big discount on the sum. Any help would be greatly appreciated as I'm slightly out of my depth here.

Thanks everyone

SC

[FlamingParrot]

Re: Received a court summons in the post this morning

Welcome aboard

Good morning everyone,

Longtime lurker but first time poster and I am in need of your advice. Got this little gem in the post this morning:

Thought I'd scan it rather than explain and get confused. This relates to a HSBC loan I had a fair few years ago. At the time I ran in serious financial difficulties (lost my job) and was unable to repay any of it back. I've moved around a fair bit since then and guess it's taken them a while to find me, even though I've been on the electoral roll at every address I've lived at.

The claim form clearly refers to an OVERDRAFT facility from January 2008.

I must say I find the amount a bit higher than usual for an overdraft. :noidea:

The bit I find strange is the old HSBC account information has long since dropped off my credit report. I should also say that I have not made any repaymens on this or acknowledged it in any way.

When was the last time you made a payment? Was it in 2008? If it was a loan, then there would have been a set repayment date and the clock would start from the cause of action which would be usually a month after your last payment, i.e. when you first missed a payment. It's a little trickier with overdrafts, where the cause of action starts when the bank recalls the O/D, which can be months after you last pay into the current account.

After having a look on here I'm thinking I should do (and please correct me if I'm wrong):

1. Acknowledgment of service - get this sent back to extend my defence time to 28days
2. Send a CCA request to 1st credit

That's correct, although the CCA request would only apply if it was a loan but wouldn't if it was an overdraft facility.

Any other steps I should take? I do remember one of the letters they sent offered a big discount on the sum. Any help would be greatly appreciated as I'm slightly out of my depth here.

Yes, send a request under CPR 31.14, you'll find an example here: http://www.legalbeagles.info/forums/...ic-information

[SlightlyConcerned]

Re: Received a court summons in the post this morning

Thanks FlamingParrott,

I thought it was a bit strange they refered to it as an overdraft, it was most definately a loan (and the half a forest of letters they've sent me comfirm this).

As far as I can remember I've never made a re-payment on this (lost my job shortly after getting this loan, called HSBC to see what help they could give and nada).

What I find peculiar is the phrase "...who demanded repayment of the outstanding sum on the account at the time. On 05/02/2013 the Defendant defaulted on the agreement with an outstanding balance of 5530.28". How can I have defaulted on 05/02/2013 when it had already been defaulted on 5yrs previous? If that's the case then isn't it statue barred? I'm still going to send off the Acknowledgment of service, CCA and as you suggest, the CPR 31.14 but am still slightly baffled.

Thanks for your valuable advice!

SC

[FlamingParrot]

Re: Received a court summons in the post this morning

Thanks FlamingParrott,

I thought it was a bit strange they refered to it as an overdraft, it was most definately a loan (and the half a forest of letters they've sent me comfirm this).

As far as I can remember I've never made a re-payment on this (lost my job shortly after getting this loan, called HSBC to see what help they could give and nada).

What I find peculiar is the phrase "...who demanded repayment of the outstanding sum on the account at the time. On 05/02/2013 the Defendant defaulted on the agreement with an outstanding balance of 5530.28". How can I have defaulted on 05/02/2013 when it had already been defaulted on 5yrs previous? If that's the case then isn't it statue barred? I'm still going to send off the Acknowledgment of service, CCA and as you suggest, the CPR 31.14 but am still slightly baffled.

Thanks for your valuable advice!

SC

It is possible that the default date referred to is when the debt was assigned. You say it doesn't show on your credit file so that should be a good indication that it was over six years ago. If you made no payments, then it would certainly be SBd and, should that be your defence, the onus would be on them to prove that it isn't. :thumb:

[nemesis45]

Re: Received a court summons in the post this morning

Have you taken time to check your credit reference files for the account?

This may give some indication of the type of account and the default date;
Try Noddle online it's free.
The phrasing is that which would be used when an OD facility is recalled ( default notice as would be sent on a loan or card account are not relevant to current accounts and OD's) A Formal/Final Demand for Payment is made prior to defaulting the account.

nem

[SlightlyConcerned]

Re: Received a court summons in the post this morning

It is possible that the default date referred to is when the debt was assigned. You say it doesn't show on your credit file so that should be a good indication that it was over six years ago. If you made no payments, then it would certainly be SBd and, should that be your defence, the onus would be on them to prove that it isn't. :thumb:

Thanks again FlamingParrot,

The only thing that's on my credit file is the 1st Credit default, anything relating to HSBC themselves has gone. If that's the case, how would I go about the SBd route? I'll get all the request forms printed off and sent out tomorrow so they should get them Monday.

Again, thanks for your help

SC

[nemesis45]

Re: Received a court summons in the post this morning

If the account is still on file 6 years has not elapsed from the default date, but does not mean the debt is not statute barred.

nem

[SlightlyConcerned]

Re: Received a court summons in the post this morning

Have you taken time to check your credit reference files for the account?

This may give some indication of the type of account and the default date;
Try Noddle online it's free.
The phrasing is that which would be used when an OD facility is recalled ( default notice as would be sent on a loan or card account are not relevant to current accounts and OD's) A Formal/Final Demand for Payment is made prior to defaulting the account.

nem

Hi Nem,

Just been having a good look through my credit report and there's nothing relating to HSBC at all, just 1st credit, doesn't mention what type of credit though. I'm wondering why they have put it down as an overdraft rather than what it was, a loan.

Thanks

SC

[nemesis45]

Re: Received a court summons in the post this morning

Hi Nem,

Just been having a good look through my credit report and there's nothing relating to HSBC at all, just 1st credit, doesn't mention what type of credit though. I'm wondering why they have put it down as an overdraft rather than what it was, a loan.

Thanks

SC

Sound imminently possible that some reporting error
has been made, but more likely by HSBC as 1st Credit can
only amend " ownership " details not account type/default date.

I would be inclined to contact HSBC on Monday to see if they
can confirm the type of account it reported to the CRA's.

If you have never had an OD with HSBC they're up the creek.

nem.

[SlightlyConcerned]

Re: Received a court summons in the post this morning

Hi Nem,

Just been going through my credit reports and Experian report it as: other non revolving credit - 1st credit limited.
Equifax report it as: Current Account from 1st Credit Ltd (I)

Wasn't aware 1st credit did current accounts!!!! I did have an OD but it was a small one, £200 iirc, certainly not as large as £5K!

thanks

SC

[FlamingParrot]

Re: Received a court summons in the post this morning

Thanks again FlamingParrot,

The only thing that's on my credit file is the 1st Credit default, anything relating to HSBC themselves has gone. If that's the case, how would I go about the SBd route? I'll get all the request forms printed off and sent out tomorrow so they should get them Monday.

Again, thanks for your help

SC

You would submit a SBd defence which is an absolute defence when the deadline approaches. In the meantime, it's always a good idea to request the documents they intend to rely upon, especially in view of the fact they are under the impression it was an overdraft!

Hi Nem,

Just been going through my credit reports and Experian report it as: other non revolving credit - 1st credit limited.
Equifax report it as: Current Account from 1st Credit Ltd (I)

Wasn't aware 1st credit did current accounts!!!! I did have an OD but it was a small one, £200 iirc, certainly not as large as £5K!

thanks

SC

1st Credit buy defaulted accounts from a number of banks. One think I've seen is HSBC merging two accounts into one when they are defaulted, I hadn't seen one for a while but I remember cases where they merged two different credit products into one, one being a loan or maybe a credit card and the other the overdraft if you also had a current account.

[SlightlyConcerned]

Re: Received a court summons in the post this morning

Thanks FlamingParrot,

I've done the Acknowledgment of service online, got the CPR 31.14 ready to fill out. Can you point me in the direction of the CCA request? Get them posted tomorrow then play the waiting game. How long have they got to reply to the CPR 31.14? it's 12+2 days for the CCA isn't it?

Thanks

SC

[FlamingParrot]

Re: Received a court summons in the post this morning

Thanks FlamingParrot,

I've done the Acknowledgment of service online, got the CPR 31.14 ready to fill out. Can you point me in the direction of the CCA request?

You'll find it here: http://www.legalbeagles.info/forums/...=7670#post7670

I'd suggest the more in depth version that has a paragraph that reads: "if it's your view you are not the creditor..." because the account has been assigned. Ignore the 2007 date, the post has been updated since.

That should go to 1st Credit at the address on the top box of the claim form, with the £1 fee (cheque/PO).

Get them posted tomorrow then play the waiting game. How long have they got to reply to the CPR 31.14? it's 12+2 days for the CCA isn't it?

Yes, 12 working days + 2 allowed for service for the CCA. They should reply to the CPR request in seven days as stated on the letter. That one should go to the solicitors at the address on the second box down on the form. No fee is required.

Send both recorded delivery. There's no need to chase the CCA request but you should chase the CPR one once the 7 days are up. :typing:

[SlightlyConcerned]

Re: Received a court summons in the post this morning

Thanks again FlamingParrot,

A few questions reguarding the CPR 31.14 if I may?

Reading the particulars of claim, the documents I can request are the agreement and notice of assignment. Is there anything else I can ask for? What would be the date I'd be filing my defence on?

Many, many thanks

SC

[FlamingParrot]

Re: Received a court summons in the post this morning

Thanks again FlamingParrot,

A few questions reguarding the CPR 31.14 if I may?

Reading the particulars of claim, the documents I can request are the agreement and notice of assignment. Is there anything else I can ask for?

As they say you defaulted on the account, you can also request the default notice. :thumb:

What would be the date I'd be filing my defence on?

The deadline is 33 days from date on claim, making it June 28th: http://www.timeanddate.com/date/date...&am=&aw=&ad=33 As it is a Sunday, and that's the very last day before they can request judgment, you could make it the 26th.