Jump to content


  • Tweets

  • Posts

    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Arrow/ Restons claimform for old EGG loan


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2305 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Name of the Claimant ? Arrow Global

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 4th August 2016

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 6th September

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

The claimant claims payment of the overdue balance due from the defendent under a contract between the defendent and Egg dated on or about Mar 30 2006 and assigned to the claimant on Nov 30 2015.

 

What is the value of the claim? £4000

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Unsecured loan

 

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

 

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. It is the debt purchaser who issued claim

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? Not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Financial difficulties

 

What was the date of your last payment? June 2011 although they claim July

 

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 managementicon plan? Yes

Hi

 

 

I received a claim form from Restons on behalf of arrow global.

It's from a loan taken out in 2006.

I got into financial difficulties in 2011

after entering into a reduced payment arrangement for a few months I stopped paying.

I hadn't heard anything from them until recently.

 

 

I have read lots of threads and have acknowledged the claim with intent to defend.

I realise I have to send a CCA and CPR 31.14 Request. I

would like to know whether I can ask for the notice of assignment, default notice, termination notice and statement of account if none of these documents are mentioned in the particulars of the claim?

They only mention 'a contract'.

Is this covered by the CCA request or should I put this in the CPR 31.14 Request too?

 

 

Many thanks for your help

Edited by monkeypin29
Link to post
Share on other sites

  • Replies 56
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Request them anyway

Restons never respond as you've prob read anyway

The CCA request is the important one

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... 

Link to post
Share on other sites

  • 4 weeks later...

Hi

 

I posted briefly about this when I first received the claim form.

I sent off my CCA request to Arrow and CPR 31.14 request to Restons.

 

I received a letter back from Restons saying they didn't see why they should provide the agreement as I would have seen it when I took out the loan.

They also said they wouldn't provide the notice of assignment or statement of account as they weren't mentioned in the claim particulars.

 

I had a letter from Arrow stating they will try to get the agreement from the original creditor.

So far I haven't received anything.

 

I have to file my defence by 6th September.

Without having received any of these documents is it simply a case of denying all knowledge of the debt and pointing out I haven't received any of the documents relating to it?

 

Many thanks in advance.

Link to post
Share on other sites

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... 

Link to post
Share on other sites

Particulars of Claim:

 

1.The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Egg dated on or about 2006.

 

2. and assigned to the Claimant on 2015.

 

3. PARTICULARS a/c no - ************

 

DATE ITEM VALUE

 

2016 Default Balance "xxxxx.xx"

Post Refrl Cr NIL

TOTAL "xxxxx.xx"

 

Proposed Defence

 

1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted and accepted. I have had financial dealings with Egg in the past. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my request for further information.

 

3. Paragraph 2 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in 2015 by either the claimant or Egg.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant;

the Claimant has failed to provide any evidence of credit agreement/assignment/balance/breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77 request and their solicitors, Restons, have refused my CPR 31.14 request.

 

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

 

 

 

 

....................

 

 

So this is the defence.

I've pretty much copied and pasted although altered a few things.

 

 

I just wondered, after reading that thread,

it says that he was told by arrow that collection duties are stopped until the agreement is provided.

I've been told the same by both Restons and Arrow.

Does that mean I still have to submit a defence?

How do you know when the case has been stayed or is this only after the defence is submitted?

 

Also, what happens if they do actually send the agreement before I have filed my defence?

 

.

Link to post
Share on other sites

 

I just wondered, after reading that thread,

it says that he was told by arrow that collection duties are stopped until the agreement is provided.

I've been told the same by both Restons and Arrow.

Does that mean I still have to submit a defence? YES never trust a claimant or their sols

 

How do you know when the case has been stayed or is this only after the defence is submitted?

they have 28 days to do 'something' else the claim get autostayed...

Also, what happens if they do actually send the agreement before I have filed my defence?

 

.

 

 

well that why you leave filing till just before the due time/date

 

 

if par chance MCOL is down [ and it happens a lot}

then:

 

 

MCOL is only one way of responding to a claim.

.

If you are having problems logging in, or would prefer not to use MCOL,

you can fax, email or post your response to the Court instead.

If you send your response by e mail

please send it to [email protected] and ensure you quote “Claim response” and quote the claim number in the subject field.

.

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... 

Link to post
Share on other sites

Thanks for your reply :)

 

What I meant by my last question though was if they do produce the agreement just before I file a defence, what kind of defence do I then file as I can't then say I haven't received any evidence of the debt?

 

Thanks again

Link to post
Share on other sites

depends if the CCA return is even enforceable too.

 

let it run

 

plenty to read here should you wish too.

 

use our search CAG box of the red top toolbar

 

copy your thread title minus EGG into it

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... 

Link to post
Share on other sites

Hi, I think I've made a cock up. If the issue date was the 4th August, should I have submitted my defence today? I worked it out originally as 6th September. I was just about to submit it when I realised.

 

Yes...you have till midnight:-D

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

Well yes technically the cut of is 16.00 but yours will be accepted as the next day....you will be okay.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

  • 2 months later...

Update

 

I haven't heard anything from the court since I filed my defence so I'm assuming it's now stayed.

 

Today I received my agreement from Arrow.

It appears to be an online agreement with a tick box for my signature.

They've also provided my account history and are asking how I propose to pay.

I haven't heard from Restons yet but I'm sure that's next.

 

I would like some advice on where I go from here?

I was hoping they wouldn't be able to provide the agreement.

Would I have a leg to stand on if they start the court proceedings again?

Link to post
Share on other sites

So the claim is stayed and they'll have to pay to unstay it anyway

Can you scan to PDF what they sent

 

Have you all the statements too?

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... 

Link to post
Share on other sites

It's a print out of my account history with EGG so all the transactions on my account. I'll sort out the PDF now

 

Here's the agreement and letter from Arrow. A few of the pages may look a bit strange as I had to edit them in Word to remove my info.

 

My account history was actually headed 'idem servicing'. I think they owned the debt prior to Arrow.

 

Thanks for your help

Arrow CCA return.pdf

Edited by dx100uk
7Mb pdf reduced to .7Mb - dx
Link to post
Share on other sites

that's not your agreement

its a copy and paste jobbies

 

 

why do they think its acceptable to produce a reconstruction of an online agreement?

seems strange to me

also if you look at the end it says thanks for returning this to EGG

I bet you didn't!

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... 

Link to post
Share on other sites

I didn't notice that. No I didn't send it back to them.

 

So where do I stand with this?

 

 

Shall I just wait it out and see what Reston's do next?

 

 

Are they talking nonsense about the high court ruling in 2009 then?

Link to post
Share on other sites

next move is theirs

but you await the COURT to write if they ARE going fwd.

 

 

could simply be willy waving

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... 

Link to post
Share on other sites

The High Court ruled it was deemed ok to use a reconstituted version with regards to complying to a section 77/78 request...but not for enforcement purposes in this case as yours is pre 2007.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

  • 2 months later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...