Help Defending a County Court Claim which is over 10 years old

[guyverdan]

Hi there,

I am heping a friend (who has no computer) who has recently recieved a County Court Claim form for a Debt with Arrow Global Limited, who he has never heard from or dealt with.

This claim reffers to a rather large (£17k+) Overdraft with HSBC. To start with my friend has never had an overdraft larger than £1000 and even the one he had was not with HSBC. He did however have a loan with HSBC that he took out well over 10 years ago and he hasnt made any payments to it for at least that long. I have checked his credit report and there is no history of any HSBC debt showing anywhere that I can find.

He has spoken with the National Debt line and CAB and they have suggested going down the Statute Barred Route, can someone here advise me on how to help him reply to the Court Forms to defend himself?

Thanks in advance

Dan

[guyverdan]

Re: Help Defending a County Court Claim which is over 10 years old

Sorry posted in the wrong place please delete.

[guyverdan]

Re: Help Defending a County Court Claim which is over 10 years old

This is the letter that was sent and how it was returned.

[pt2537]

Re: Help Defending a County Court Claim which is over 10 years old

Is there any way you could post up a copy of the Claim form or the particulars of claim ? with personal details removed?

we will also need to know what other correspondence there is between your friend and the Claimant?

The statute barred argument may well be available, we have beaten PRA group on a stat barred claim recently, so that may have some force, but do you happen to have the agreement that your friend entered into with the bank? as it may well be helpful to have available to see when the loan expired etc?

[Diana M]

Re: Help Defending a County Court Claim which is over 10 years old

Sorry posted in the wrong place please delete.

I've replied on your other thread

May I ask whether you sent the LB template for the CPR 31.14 Request to the solicitors, because that refers to sending the CCA Request to their client and you may have attached a copy of it as suggested?

Since it's early days and this claim is heading for the Fast Track I would send a new s.77-79 CCA Request to Arrow at their Manchester address. I'm assuming that you sent it to the Bedford Row address which was possibly on the claim form. Is that right?

It may have been returned by Royal Mail because there was no one at that office willing to sign for it.

The letter would have been opened by Royal Mail to ascertain the return address if you didn't put it on the back of the envelope.

If you send another which they receive and sign for you will have protected your legal position (or at least your friend will have )

Di