Hello all (friends old and new!)

It's been some years since I've been on CAG and pleased to say that most of my debts have now become statute barred and dropped off the earth

My credit report is shot but I don't need or want credit.

On Thursday 6th October, I received a Claim Form N1SDT from Arrow Global, solicitors Shoosmiths, for £2663 owing to M&S.

After digging out my files from the garage, the basic history is:-

Card applied for and issued in May 2007. Their letter states, sign, date and return the green copy of the cc agreement, you keep the yellow one. So presumably (?!) they have that one.

By April 2009 I had fallen into arrears and on 1st May 2009 they accepted a £20 p.m. repayment plan for 1 year.

By September 2009 I was in serious trouble with priority bills so wrote to them explaining this and offered £1 p.m.

(See thread http://www.consumeractiongroup.co.uk/forum/showthread.php?192830-AA99-amp-Bankruptcy )

13 October 2009 M&S accepted £1 p.m. to March 2010 and they wrote on 25 March confirming payments complete under this plan and to phone them re the balance. They have never charged interest.

In May 2010 they accepted a further payment arrangement of £1 p.m. until May 2011.

I received a letter dated 8 July 2010 saying that Rockwell would be managing the ongoing payment arrangement in partnership with them and I was to continue making the £1 payments to M&S until Rockwell contacted me.

I continued to pay £1 p.m. until May 2011 but can find absolutely no correspondence from Rockwell.

We were evicted from our house in January 2012 and had post forwarded for 6 months.

In the paperwork I do have, which is when the DCA's tracked me down to my new address is from Arrow in July 2014, Notice of Assignment to them using Wescot.

February 2015 letter from Scotcall

August 2015 letter from Arrow advising DCA is now Moorcroft

September 2015 2 letters from Moorcroft

October 2016 N1 received.

Could I please ask for assistance in returning the form, also the time factors. Many thanks

I am completing the AOS online but do not know if I tick the box saying I intend to contest jurisdiction.

Please advise

OK, I just googled it and no, I don't need to tick that box.

So I have filed my AOS.

Now I have 28 days to file my defence.

I send Arrow a CPR letter?

Copy to Shoosmiths?

no CCA request to the claimant

CPR 31:14 to the solicitors

can you fill this out please

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

so we have all the info to properly advise you

dx

Name of the Claimant ? Arrow Global Limited

Date of issue – 04 October 2016

What is the claim for – POC reads

1. The claimant's claim is for the sum of £2663 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Marks & Spencer Financial Services plc (No. xxxxxxxxxxxxxx) and assigned to the claimant on 28/03/2014, notice of which has been provided to the defendant.

2.The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974.

3. The claimant claims the sum of £2663

4. C has complied, as far as is necessary, with the pre-action conduct practice direction.

What is the value of the claim? £2663

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

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

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. Account assigned to DCA (Arrow) who has issued the claim

Were you aware the account had been assigned – did you receive a Notice of Assignment? Original Notice of Assignment received from Arrow July 2014 advising using Westcot

Did you receive a Default Notice from the original creditor? No, just a letter from original creditor in July 2010 advising Rockwell would be managing the ongoing payment arrangement in partnership with them but I was to continue making £1 payments to original creditor until Rockwell contacted me

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I recall

Why did you cease payments? Payment arrangement direct with original creditor of £1 p.m. ceased in May 2011

What was the date of your last payment?May 2011

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, and initially they accepted £20 p.m. in 2009, then £1 p.m. for 2 years

all good then get post 4 done

and you are upto date with what you need to do.

bar get reading ilke threads here

Excellent, thanks dx. I've gone rusty in the last 5 years.

Also wondered why this is the only debtor not showing on my credit report?

CCA is still £1 postal order, and no payment required for CPR?

Proof of posting for both or recorded?

No signatures from me, or sign over grey XXXXXXXXXXXX

cert of posting shld suffice re. up to you.

yes, no payment for cpr request

Don't sign anything

Leave the £1po blank and uncrossed

1st class with free proof of posting is OK

Thank you. Will get these both off tomorrow

Reply received today from Shoosmiths.

Please remind me of the name of the website I used to use to upload scanned documents, something like Photo box ?

Thanks

dx has the guide re uploading

upload

This has taken a while and do hope you can read it!

Shoosmiths response 18 Oct 2016.pdf

nowt to worry about, std stuff, they are requesting docs.

get yr defence in on time so they cant get any def judgment.

for them to prove, not you. (but, afaik, there is authority on re a (poss redacted) deed. but, no worries for now. see what they do)

what are they on about

MBNA have NOWT to do with M+S?

and

the OP didn't ask for the Deed of assignment

they asked for the NOTICE of assignment.

dx

nowt to worry about, std stuff, they are requesting docs.

get yr defence in on time so they cant get any def judgment.

for them to prove, not you. (but, afaik, there is authority on re a (poss redacted) deed. but, no worries for now. see what they do)

Thanks Ford, not too sure what's meant by your statement in brackets (!)

(but, afaik, there is authority on re a (poss redacted) deed. but, no worries for now. see what they do)

And when exactly do I have to get my defence in on time, thought that was a couple of weeks off yet?

what are they on about

 

 

MBNA have NOWT to do with M+S

and

the OP didn't ask for the Deed of assignment

they asked for the NOTICE of assignment.

 

 

dx

Thanks dx, my thoughts exactly!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

and presumably you meant they are muddling up MBNA and M&S

Friday 4th Nov your defence is due AA

Andy

Thank you

Thanks Ford, not too sure what's meant by your statement in brackets (!)

 

(but, afaik, there is authority on re a (poss redacted) deed. but, no worries for now. see what they do)

 

no worries, forget about that bit. as dx said, you didnt even ask re the deed, just the notice.

no worries, forget about that bit. as dx said, you didnt even ask re the deed, just the notice.

Cheers. And did you notice they seem to be muddling MBNA and M&S??!!

Friday 4th Nov your defence is due AA

 

Andy

I have calculated 31st October for Global to produce CCA? 12+2 posted on 12 October.

Is there a time limit on response to CPR 31.14 ?

 

Is there a time limit on response to CPR 31.14 ?

there is sort of (see cpr 31.15), but its not like a cca request. and is rarely complied with in that time.

just mention any failure to respond in yr defence.

Thanks Ford

time limits are immaterial when a court claim has been issued as such.

you file on time regardless

if they've not coughed then it will be the holding/no paperwork defence

available on numerous threads here and in the legal successes forum off this one.

Thanks dx

I spent a long time trying to find a holding/no paperwork defence letter and hope this is the right one........ I have to file by Friday 4th.

1. This claim is for £XXXX the amount due under an agreement between the original creditor and the defendant to provide finance.

2. This debt was assigned to Arrow Global Ltd on 28th March 2014.

Particulars

Re: Marks & Spencer Financial Services plc

A/C No. XXXXXXXXXXXXXXX

The claimant claims £XXXXXX

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. The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment.

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 assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; 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. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

6. On the alternative, if 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 82A of the Consumer Credit Act 1974.

7. 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.

The POC state in 1. that notice of the assignment has been provided to the defendant.

in 2. that a default notice has been served.

In 4. that C has complied, as far as is necessary, with the pre-action conduct practice direction.

Should I not refer somewhere to the solicitors' letter stating You are not a party to the agreement they have with the seller, MBNA Europe Bank Limited, and are not entitled to a copy of the Deed of Assignment