HELP - County Court Claim ** WON** they discontinued

[EVS2108]

I borrowed £15,000 from Paragon Finance in 2000, I have repaid around £6000 but fell behind with my payments and joined PayPlan. Paragon never stopped the interest even though they were a sponsor of PayPlan. They then sold the debt to Arrow Global Receivables who have now issued me a court claim for £39500, I have tried phoning them at the start and offered to pay a reduced amount but they would not take any money off me unless it was £985 a month. Can any one offer me any advice on what to do now. Its making me ill with worry. Thanks

[Curlyben]

First things first.
Can you post a copy of the Particulars of Claim for us to assist you better.

Now to Arrow send them this disclosure letter:

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

Dear Sir/Madam,

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:
a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.
b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations
c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.
d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.
i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you seek to rely on in court.
4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.
5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully,

Basically this is requesting ALL the information that they will be using in court and also give you a chance to file a reasonable defence.
Get it edited and post recorded delivery at least and better Guaranteed next day.

[pt2537]

point 2 b will need amending to paragon

regards
paul

[paulwlton]

Try not to worry too much, you are in good hands on here.

Paul

[tomterm8]

Oh yeah... type, don't sign your name.

Can you post the Particulars of Claim.

[Hopeful1]

Just offering some moral support, follow the advice that has been posted and you will be guided well.

Keep copies of all docs / letters and receipts for postage etc.

Best wishes

[NitrousOxide]

That must be some extortionate interest there.
As tom has said it helps if you post the POC. The speed at which this has gone from being bought to court action stinks of them trying to get judgement because of the amount.
This usually happens if you own your own home.

[Docman]

Make sure that you return the acknowledgement of service to the court ASAP and within 14 days. You then have 14 more days to file the defence.

You have to give a reasonable time for Paragon to send you the documents, usually 14 days. That can make the timescale very tight but make sure you don't go over the 28 days in total. These DCAs know that due to pressures on court staff, it can sometimes take a few days to put your defence on the file, even though you sent it in before the 28 th day. The DCAs have been known to ask for judgment by default on the 29th day which the Court grants because their computer screens have not been updated and show no defence has been filed.

If you can, take your defence to the Court and get them to acknowledge receipt.

[EVS2108]

Thanks for your replies. here are the particulars of the claim.

The claimant claims for monies due from the defendant under an agreement between the parties dated 21st December 2000. Regulated under the consumer credit act 2006. Full particulars wherof have been delivered to the defendant.

The claimant also claims cost.

Where it says an agreement between parties 21 December 2000, Arrow never had the debt until December 2006. So what is that about?

Thanks in advance

[Curlyben]

Well if that's what the POC says they have already made a HUGE msitake as an agreement made in 2000 CANNOT be governed by the 2006 Act as it isn't retrospective.

Get my information disclosure letter in to them .

[EVS2108]

Thanks for this, I will send my letter first thing tomorrow.

[pt2537]

Its an agreement Regulated by the Consumer Credit Act 1974

Major mistake

i bet theres gonna be one of those DOH!! moments when they realise

[tomterm8]

Originally Posted by EVS2108

I borrowed £15,000 from Paragon Finance in 2000, .

Ach, I didn't notice Paragon Finance. This is a seriously nasty company which has an interest after judgement clause in their standard terms.

We'll probably have to get in some of the big hitters for this one.

Anyway, send the above letter (type, don't sign it!) and a CCA request with £1 postal order (type don't sign it) ....

then send the letter below to the court. Send everything recorded delivery.

For the Attention of the Case Manager

In the matter of

XXX vs EVS2108
Claim Number XXX
In XXX Court

YOUR ADDRESS

DATE

Courts Address


Dear Sir or Madam,

RE: Embarassed in answering claim

I appologise for contacting you so early in the proceedings, but I am having substantial difficulty responding to the particulars of claim that the CLAIMANT has raised.

I respectfully submit that the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

a) The claim does not state the account number or any identifying feature of the account(other than its age), neither does it state the nature of any default or termination, neither does it state the method the claimant acquired this alleged debt.

b) The claim does not state events leading up to pursuing the claim, the nature of any breach or default, that the claimant served upon me any s87(1) notice under the consumer credit act 1974, or give a summary of what type of credit agreeement was.

c) The claimant is clearly incorrect that an agreement made on 21st December 2000 would be regulated exclusively by the consumer credit act 2006; such an agreement would be regulated by the consumer credit act 1974 as amended.

d) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form or any pre-action letter despite the requirement of the Pre-Action protocol.


e) The particulars of claim do not state how the claimed figure was calculated.

In the absence of such information, I would respectfully ask the court to consider using its case management powers to either strike out the claim or, alternatively, to order the claimant to amend its claim so that I can produce a fully particularised defence.

i would also like to inform the court that I have sent the claimant the attached letters, requesting information so I can pursue the case in an economical and speedy fashion.

Thank you for your time in this matter,

Yours Sincerly,

XXX.

[NitrousOxide]

No agreement number either.
(Sorry ignore that, tom posted it in the above post).

[EVS2108]

Letters posted recorded delivery.