• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Restons Solicitors - HSBC Credit Card Debt - County Court Claim

    Hi

    I recently received a claim form from Northampton County Court for an old Credit Card debt with HSBC for £1,983 which defaulted in, would you believe, November 2010. That's right, I ignored all attempts to recover this debt for 6 years and just when I think the slate's about to be wiped clean, the b*******s land me with this.

    I'm trying to find out from Experian the actual date of my last payment to HSBC, but i BET it was the end of November and as they've already started court proceedings against me JUST before that then bye bye statute barred. Unbelievable.

    So anyway, I filled out the claim form and sent it back within the 14 days stating I wished to contest the entire claim, I used a generic defense letter which I took from this website, (rightly or wrongly) and I've attached that to this post.

    I also wrote to Restons with a CPR18 request, also attached.

    This all went off on Monday of this week, so I relaxed a bit, thinking that could be the last I hear from them. NOT so - I received a response within 3 DAYS. I've attached their response as an image (sorry I didn't have time to type the whole thing out) but they've basically turned it back on me saying the information I've requested is unreasonable, I didn't previously write to them to request particulars of the claim, and I quote "In view of the above and as it is the claimant's position that all relevant documentation relating to your account has been previously provided to you, we view your letter as merely an attempt to obstruct these proceedings and we are not agreeable for an extension of time for you to file your defense"

    I've know idea where to go from here, I'm way out of my depth and they've clearly got someone to respond who really knows what they're talking about.

    I must avoid a CCJ at all costs. I've finally got to a stage where this and a lot of other debts have been written off / disappeared / paid etc and this will completely ruin my chances of getting my first mortgage at the grand old age of 35.

    Should I ignore them and just wait and see what the court say? Even though I've asked them for information which they apparently don't need to provide - surely some of it is relevant therefore they're still legally obliged to provide it?

    Many thanks
    Attached Files
    Last edited by Axle_81; 24th November 2016, 20:43:PM.
    Tags: None

  • #2
    Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

    Hi Axle_81 & welcome to LB.

    Your defence letter isn't attached.
    Also, to pinpoint court timescales, when was the court claim issued? (Front page of the N1 claim form)
    Btw, remove personal identifiers (inc in the letter you've posted).
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

      Hi,

      Thanks v much for your prompt response. I've removed personal details - sorry I'm new to this albeit that's common sense!

      Claim form date is 9th November.

      Attachments amended and updated - let me know if you need anything else, thanks.

      Comment


      • #4
        Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

        Thanks for that.

        The N1 would be handy (esp the Particulars of Claim).
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

          Thanks, I've added the front page of the claim form to the attachments.

          Comment


          • #6
            Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

            Originally posted by Axle_81 View Post
            Thanks, I've added the front page of the claim form to the attachments.
            Lol!

            The PoC is not very informative, is it?!
            What is the alleged debt for? (Loan, overdraft etc.).
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

              No it isn't, that's a good point. So them saying "we think you've got more than enough information", er no you've given me nothing!

              It's a Credit Card...

              Comment


              • #8
                Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

                Have you sent a CCA s78 request to the Claimant? (Arrow).....(You mention one in your defence).
                Have you sent a CPR 31.14 to Restons?
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

                  CCA s78 request - No, I haven't.

                  CPR 31.14 - No I've not. All I've sent is what's attached.

                  Appreciate I should've come here for advice first before I started using templates I thought were correct. I wasn't really expecting a response though! That's the whole point of these information requests right? Never seen anyone have to deal with a response before... lucky me.

                  Comment


                  • #10
                    Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

                    Ok, there's still time to do so.

                    CCA request.
                    http://legalbeagles.info/forums/show...y-of-Agreement
                    Send to Claimant per address on N1
                    s78 is applicable.
                    If you use a postal order for the fee, payee is the Claimant.
                    Also endorse it 'For statutory purposes only'.
                    Cross-refer the p.o. & the request letter.
                    Send 1st class post; you can get a free certificate of posting. (Arrow have been routinely refusing to accept recorded or SignedFor post).

                    CPR request.
                    http://legalbeagles.info/forums/show...ic-information
                    Send to Restons.
                    Scrub the part about filing ahead of defence. (You've already submitted one).
                    On their PoC, they mention a 'contract'. I would argue that 'contract' includes the T&C's as well as the signed agreement; ask for both & give the reason.
                    Also mentioned is 'assigned'; so ask for Notice Of Assignment. (But avoid mentioning tripartite novation).
                    This can be sent SignedFor if you would rather; 1st class is ok.
                    & enclose a copy of the CCA request. Whether you want to attach another £1 p.o. & instruct Restons to pass it on to their client is up to you. But 'belt & braces' might not be a bad idea...as you've seen, they are as slippery as eels!

                    In your particular case, I would suggest that you start the main body of the CPR request with something like:
                    "Thank you for your letter of 23rd November 2016, the contents of which is noted. For clarity & emphasis I would refer you to the below-mentioned paragraphs concerning matters which predate allocation to the Small Claims Track & CPR 27, & your CPR 31 duties."
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

                      THANK YOU SO MUCH. Once I've prepared these documents I may post them on here for you to have a quick look at, IF you don't mind.

                      I'd better do it tonight and post first thing tomorrow morning.

                      Comment


                      • #12
                        Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

                        Hi, sorry for clarity please RE: "If you use a postal order for the fee, payee is the Claimant.
                        Also endorse it 'For statutory purposes only'.
                        Cross-refer the p.o. & the request letter."

                        I did one of these for another HSBC debt about 6 months ago and was actually told I could just sellotape a pound to the letter - which I did. Can I do that?? It worked last time lol

                        Comment


                        • #13
                          Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

                          Originally posted by Axle_81 View Post
                          Hi, sorry for clarity please RE: "If you use a postal order for the fee, payee is the Claimant.
                          Also endorse it 'For statutory purposes only'.
                          Cross-refer the p.o. & the request letter."
                          If you use a postal order to pay the fee, make sure it is made payable to Arrow. Write on the p.o. 'For statutory purposes only'.
                          Also write something on both which ties them together; the ref no. on Reston's letter is good, & 'Enc: CCA s78 fee £1 postal order' on the bottom of the CCA request.


                          I did one of these for another HSBC debt about 6 months ago and was actually told I could just sellotape a pound to the letter - which I did. Can I do that?? It worked last time lol
                          I wonder how long that would remain stuck to your letter, lol! & what proof would you have if it went missing?
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #14
                            Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

                            Point taken. Postal order it is...

                            Comment


                            • #15
                              Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

                              Ok, next bit.

                              Have you heard from the court yet about your filed defence?
                              Has it been accepted?
                              (It's early days as you've only very recently submitted it.}
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X