Consolidated debt - court claim

Adam673673

Hello and thank you in advance for any help with this.

I'll try to keep it brief and concise.

I've got a county court claim form through for a hsbc 'loan' from 2009.

Restons solicitors and arrow global are the claimants.

The account/accounts were defaulted early in 2011.

Last payment (made to a different collection agency) was early 2013.

Arrow bought the account in 2014.

Right, on the claim form the sort code matches up with a hsbc account I had. The account number does not.

I contacted restons and questioned the account number and all they had to say was that is the account number which was supplied to them and questioned (which felt like me making a statement) if I believed this account to not exist and if it was fraud. I answered that no I do not believe this account number is mine and I have not entered in to an agreement with this number.

I phoned arrow straight after and they confirmed the debt is for 2 desperate hsbc debt accounts (assuming a loan and overdraft although I am waiting for confirmation). The debt wad consolidated in to one and sold on.

Looking back through the little paperwork i have (most recent is 2013 as the rest have been filed in the bin) this new account number has not been mentioned. The agency the previous payments went to have client references but no hsbc account number. The client reference points to the oldest paperwork I have for a different collection agency where the original account number and sort code are stated.

Before I spotted the account number I did email restons asking for proof of the account via means of original signed agreement and proof of payments which was ignored. When I phoned them they said they have not go them but could.

So two questions - is the debt with this new account number in any way enforceable? I have not knowingly entered in to a new agreement after all.

What steps do I take and what do I respond with on the claim form?

Once again, thank you in advance.

sourcrates

You need to ask on legal beagles about this.

http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

The fact the two debts were consolidated could be a sticking point as no agreement would exist, although you don't have an agreement for an overdraft, you do for a loan.

See what legal beagles have to say, be aware of the time scales to respond to the claim as well.

Adam673673

Thanks, I have now posted on there too.

I did the online form for delaying my response. Original date of claim form was the 8th so I'm assuming a total of 33 days from them to respond? (States 5 days leeway plus 28 days)