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Arrows/Restons Claimform - OHs old cat debt


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Playing letter ping pong with Restons regarding an alleged debt from Arrow Global

 

Brief timeline

 

Beginning of June received the usual threatening letter, asking for a breakdown of income and possible discount if I settle early blah blah blah

 

Sent a reply within a few days later using a Pre Action Court Protocol letter I had found on the another forum

 

Got a standard template (seen similar letters uploaded on forums) reply back from them stating they did not agree with most of my points and I had already received all the requested documents over the lifetime of the account so I should check my own personal records.

 

I then sent them a reply back stating...

 

Further to your letter dated xxxx. I would highlight the fact that I do not accept that this debt is owed by myself to you or your client and this was clearly stated in my previous correspondence. Also the information I initially requested under the County Courts Pre Action Conduct has still not been forwarded to me.

You may believe whatever you wish, but the law does not stand for interpretation or opinion, and must be complied with.

The Civil Procedure Rules are there to be abided by, not flouted or ignored, and as the alleged purchaser of any alleged debt, you must, by law, be provided with all the paperwork necessary to prove ownership and legal rights to pursue any repayment, and this includes the Original Agreement and the Deed of Assignment. Both of which you will be required to produce in court to substantiate any county court claim.

I therefore require you to cease and desist any further attempts to misquote or ignore the law, and to either provide me with the required documents as per my aforementioned letter, or stop threatening me with legal action, which is not only in breach of CPRPAC, but also FCA regulations, to wit:

 

7.3.18: A firm must not threaten to commence court action, including an application for a charging order or (in Scotland) an inhibition or an order for sale, in order to pressurise a customer in default or arrears difficulties to pay more than they can reasonably afford.

 

If you continue to harass me or threaten legal action without following the correct legal procedures, I will have no choice but to report you to the FOS, FCA for their records, the Courts and the ICO for processing my data without proof of the legal right to do so and finally, I may take legal action against you for harassment, under the Protection From Harassment Act 1997.

 

Got a replay from them today stating their position remains the same regarding the requested documentation and I should fill in the expenditure forms before X date or they will take legal action.

 

What’s my next steps?

 

In the process of sending a SAR to the Arrow Global (been busy traveling with work so not got round to it yet)

 

BTW this alleged debt is for my wife and they are still using her maiden name in all correspondence (been married 11 years), even though we have replied using her correct surname.

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No point sending an SAR to Arrow, as they will hold very little data.

 

SAR would need to go to the original creditor e.g bank.

 

Can you tell us more about the original debt e.g type of debt, when it defaulted approx, last date a payment was made.

 

No more letters to Restons, unless they issue a court claim and you need them to disclose. They won't get hold of documents at this early stage.

We could do with some help from you.

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stop stupid letter tennis

 

 

those letters you sent are a total waste of time

as is everything on that site of which ive removed the name in you above post.

 

 

the new PAP rules don't even come into effect until October anyway, what utter twaddle those PAP letters are.

 

 

whats the debt all about?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It's an alleged old catalogue debt, the original credit agreement would have been signed in the late 90's - Statue barred will be July 2018 when the last payment was made on the account.

 

As I said in my previous post they can't even get my wife's surname right and keep addressing her by her maiden name and we have been married just under 11 years

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well why start pointless letter tennis then?

 

theres really no point in ever responding to any letters from any DCA or their fake/tame solicitors.

as long as they have been told of the correct address to write to

and not be left to serve a claimform to an old address through running away

you simply ignore them until/unless they send a claimform/

 

they are NOT BAILIFFS

and have NO SUCH LEGAL POWERS

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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keyboard battery went I didn't notice

post updated above

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Given how old the account is, sending a CCA request letter might see them unable to provide it and they will give up. They need the original CCA or copy of the original to take to court.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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  • 2 weeks later...

Hi all, thanks for the advice so far, I've been away the last week and just catching up with all this.

 

Lesson learned I will not respond to anymore DCA letters going forward. I only responded to this one due to the frequency of the letters from Restons and the ramping up of the language.

 

The last time something similar happened in 2015 it was for a different account (one of mine) and different DCA,

I sent in my PAP because Bryan Carter solicitors had give me the 14 days to respond or they were going to go to court (can't think of term that was on the letter).

 

 

the same template based letter went to them and I got a reply back stating they had referred it back to the OC and I have never heard anything back since.

 

I think it would have been 1999 the agreement was signed so the chances of people having the documentation is slim,

I'm thinking of going down the CCA route if you think it is a wise choice.

 

 

My question is

do I send the CCA to Restons or to Arrow Global,

if it goes to Arrow Global I do want to reply to Restons with a final letter stating my position.

That will be 3 letters I have sent them requesting documentation/proof that the debt legally exists and for them provide it before going down legal route.

 

From what I have read if you can demonstrate that you have requested the information multiple times and they still take you to court without providing it they are abusing the court process, which is not taken lightly by the courts (I know they still have to produce the documents in the end).

 

Even if I don't send in CCA request at this moment in time,

is there any short statement/wording you could please share for me to plagiarise for my final response to Restons?

I want to make it absolutely clear that I will not be communicating with them anymore so there is no point continuing this exercise.

 

I travel a lot with work and I'm away on holiday in the next few weeks,

just want to fire off one final replay back to Restons (whilst I am at home)

in my mind I am clear of what has been requested, stated, when and how many times.

 

I don't want to be in a position where I am away for a few weeks to find that they have issued a claim and I don't have the time to respond (I literally may get back off holiday to going straight back on the road abroad for a few weeks).

 

 

if another letter sent now saves me that potential hassle I am happy to do it (it's just the price of a stamp at the end of the day).

 

Cheers.

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no - you need to get out of the stupid habit of always responding.

that's why they send these silly threat-o-grams

 

no DCA or their fake/tame solicitor can dictate any timelines

and you sending silly letters wont stop them issuing a court claim

 

the time for a CCA request is IF/WHEN they DO issue a claimform.

and most defended cat debt claims here we win

 

iand that's the only thing you don't ignore.

 

they are NOT BAILLIFFS

they have no more powers than you or I legally

 

all we can do if we think someone owes us money is to issue a CCJ claimform.

that ALL a DCA or the solicitors can do.

 

please don't reply, just invites stupid letter tennis.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Please read and complete the following link and post your responses back here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

 

moved to Financial legal Issues

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Name of the Claimant ? Arrow Global Guernsey

 

Date of issue – 11th August

 

What is the claim for –

 

 

1.The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Shop Direct dated on or about Apr 15 1999 and assigned to the Claimant on May 13 2011

 

Particulars a/c no - XXXXXXXXX

 

Date Item Value

15/05/2017 default balance £1300 (this figure is rounded up)

 

Post Refrl Cr NIL

What is the value of the claim? - £1300

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? - Catalogue

When did you enter into the original agreement before or after 2007? - 1999

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. - arrows

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? - Not sure we did receive a annual statement through the post shortly before the Restons letters started

 

Did you receive a Default Notice from the original creditor? - We don't believe so, at the time Arrow got the alleged debt we was in a debt management plan so any correspondence would have gone to them I think, but this stopped in 2012 when we emigrated out of the country we came back in 2014

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - We received one this year

 

Why did you cease payments? - summer 2012

 

What was the date of your last payment? - summer 2012

Was there a dispute with the original creditor that remains unresolved? - No

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Went into a voluntary plan in 2005 till 2012

Edited by Andyorch
PoC added
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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sols are not the Claimant

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

The CCA request to Arrow and CPR to Restons went via recorded delivery on the 19th, just got back from holiday today and so far nothing else has landed on our doorstep

 

What are the next steps, timelines or likely outcomes I should be expecting based on the history within this thread and who the claimants are?

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don't miss you defence filing date

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Okay, so what would be my defence?

 

Is it that no documentation supporting this claim has been provided to to me so far even though I have requested it?

 

How long should I leave it before sending the defence I know there is a 28 day limit but how long do I have to give Restons the to come back to me with the required documentation etc

 

Can you direct me to any threads were people have asked similar questions regarding this stage of the proceedings rather than you re-typing things again? Happy to do the reading/leg work and I know you peeps are busy.

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use the search CAG box of the top red toolbar

 

 

claimform arrow CAT debt

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Update

 

Got a letter from Arrow this morning stating...

 

Arrow Global Guernsey LTD Account XXXXXXXX

ASSIGNED BY Phoenix Recoveries (UK) (ACCOUNT NUMBER XXXXXXXX)

 

"We write to previous correspondence.

 

We are unable at this time, to obtain a copy of your client's consumer credit agreement from the originating creditor.

 

We confirm this account will not be subject of collection activity until such time as the document becomes available and we provide your client with a copy of the same. "

 

I take it that I can now add this letter to my defence that I have to submit to the court?

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Going to defend with the following text, I will submit later next week which gives over two weeks for the CPR to be responded to.

 

Any thoughts on the defence text below?

 

I deny all allegations against me regarding this claim.

 

I dispute that the alleged debt legally exists, I have requested multiple times to Restons Solicitors for the correct documentation required by law to support their claim against me. Each time Restons Solicitors have denied these requests and still issued a claim against me knowing full well I would request these documents under CPR 31.14.

 

I have issued both a CPR 31.14 to Restons Solicitors and CCA request to the Claimant Arrow Global via recorded delivery, so far I have received no supporting documentation to support Restons Solicitors claim via CPR 31.14

 

A reply to my CCA request from the claimant Arrow Global was received on 31/08/2017 stating the following...

 

'We are unable at this time, to obtain a copy of your client's consumer credit agreement from the originating creditor.

We confirm this account will not be subject of collection activity until such time as the document becomes available and we provide your client with a copy of the same.'

 

I believe the claimant Arrow Global and the third parties that they employ have never possessed any of the documents required by law to prove this debt legally exists. The claim against me is vexatious and they are abusing the court process and the courts precious time by trying to recover monies they are not entitled to.

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