Yep - I got the same letter from them last week even though my case was stayed at the end of last year. After checking with the court that the case was still stayed, I phoned Cope's to ask what was going on. They said that my letter was part of a batch produced and sent out in error. I don't believe the [edited] for a minute. What should I do??

Hi StayingCalm & Nailpost I wrote to the address in St Albans, althought I am aware that it's really just a one-man show in Devon. The case is still stayed - Copes did leave a couple of messages for me to phone them about the account (this was before the deadline for them pleading correctly) but of course I didn't phone back I'm still including the payment via Transcom in my CCCS payment on a moral basis - although I didn't borrow anything from Arrow, and they've made my life a misery. HHHHmmmmmm.....

Just an update to this. I phoned the court this morning who told me that there has been no response to my holding defence and that the claim has automatically been stayed.:D Many thanks to all who have contributed to this thread, but especially to AndyOrch without whose advice and help I would undoubatably be saddled with a CCJ right now. I have a couple of questions now: 1) Will the claim be stayed forever or does it disappear after a certain time? 2) As Copes/Arrow have not responded to my CAA request is it now worth sending them the letter to state that the account is in dispute (to prevent them selling the alleged debt on)? 3) Are they allowed to take any action (ie selling the debt on, making a Stat Demand, etc) whilst the claim is stayed? Very many thanks - Freddyboy:)

Hi Andy Have submitted the defence online and sent the letter to the sols . Many thanks for your advice on this, which I've followed to the letter. What happens now, what should I be expecting through the post?? Cheers - Freddyboy

Brilliant. :D I shall do as you suggest. Many thanks, Andy - I'll keep you posted :)

bumping........any comments please :)

Thank you so much . Hopefully Andyorch will log on today and have a look (I know he's busy) but I'd welcome opinions from anybody else as well

I'm getting extremely worried now, as I have to send in my defence tomorrow (deadline is Friday 28/11/2008). Andy suggested I submit a holding defence, but I'm not really sure what that is. I've found a couple of examples on this excellent site, and used them to draft the following. Would some kind person please cast an eye over it for me to check it's alright. Please, please - many thanks :) In the Northampton County Court Claim number XXXXXXX Between Arrow Global LLC - Claimant and XXXXXXX – Defendant Defence 1) I am XXXXXXX, of XXXXXXX, and I am the defendant in this matter. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. 2) 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 court’s attention to the following matters: a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the account referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant’s claim. b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form as laid out in Practice Direction 16 paragraph 7.3. c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged account, has not been served attached to the claim form. The Credit Agreement 3) On the 1/11/2008 I wrote to the claimant’s solicitors requesting a true copy of the executed credit agreement pursuant to section 78(1) of the Consumer Credit Act 1974 (“CCA”). The claimant upon receipt of such request has a duty to supply the documentation within 12 working days as prescribed by Statutory Instrument 1983/1569 Regulation 2. 4) A copy of the letter mentioned in (5) above (Evidence1 - Defendant - 8XT84227) is attached for the court’s information, together with copies of proof of posting (Evidence3 - Defendant - 8XT84227) and proof of delivery (Evidence4 - Defendant - 8XT84227). 5) Section 78(6) consumer Credit Act 1974 sets out the consequences of failure to comply with such request and states: s78(6) If the creditor under an agreement fails to comply with subsection (1) :- (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence. 6) It is drawn to the court’s attention that the claimant has failed to comply with the request and is in clear default of its obligations under s78 (1) Consumer Credit Act 1974 and it is averred that the claimant has no right of action, by way of s78 (4) of the CCA, to enforce this agreement while their non compliance continues. Enforcement of the Agreement 7) For a credit agreement to be enforceable it must contain all of the prescribed terms as laid out in the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) 8) The court’s attention is drawn to the fact that where an agreement does not have the prescribed terms required by the CCA then it is not compliant with section 60(1) CCA and therefore not enforceable by s127 (3). The court’s attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced 9) With regards to the Authority cited in point 8, I refer to LORD NICHOLLS OF BIRKENHEAD in the House of Lords Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) paragraph 29 ” The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order.” Failure to disclose documents relied upon in the Particulars of Claim 10) Further to the case, on 1/11/2008 I requested the disclosure of information from the claimant’s solicitors which is vital to my defence in this case pursuant to Civil Procedure Rules 31.14. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim, any default or termination notices, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action. 11) A copy of the letter mentioned in (10) above (Evidence2 - Defendant - 8XT84227) is attached for the court’s information, together with copies of proof of posting (Evidence3 - Defendant - 8XT84227) and proof of delivery (Evidence5 - Defendant - 8XT84227). 12) To date the claimant has ignored my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person. 13) The claimant is therefore put to strict proof that a document which is legible and Compliant with the Consumer Credit Act 1974 and subsequent Regulations made under the Act exists. Default Notice 14) In my request for disclosure under CPR Part 31.14 I requested that the claimant disclose a copy of the Default Notice that is referred to in the Particulars of Claim. They have failed to respond to this request. 15) It is neither admitted nor denied that any Default Notice in the prescribed format as cited in the Particulars of Claim and as required by s87 (1) CCA was ever received. I put the claimant to strict proof that said document in the prescribed format was delivered to me. 16) Without prejudice to the above, I put the claimant to strict proof that any Default Notice sent was valid. To be valid, a Default Notice is required to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. 17) For a creditor to be entitled to terminate a regulated credit agreement where there is a breach, demand repayment in full or take any legal action to recover any monies due under the agreement, a creditor must serve a Default Notice under s87(1) CCA, which states:- S87(1) Service of a notice on the debtor or hirer in accordance with section 88 (a "default notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,- (a) to terminate the agreement, or (b) to demand earlier payment of any sum, or © to recover possession of any goods or land, or (d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or (e)to enforce any security 18) I note the opening part of section 88(1) CCA, which states:- 88. Contents and effect of default notice. - (1) The default notice must be in the prescribed form....... The word must makes it clear that no variation is acceptable. Therefore it cannot be dispensed with as a de minimus issue. 19) The prescribed format for this document is given by the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, as amended; in particular schedule 2(2) points 1-11 which set out the statutory form that a Default Notice must follow for it to comply with s87 (1) CCA. 20) I note that the regulations do not allow any variation in the form of the Default Notice and therefore it is averred that where the Default Notice is not as laid down in the regulations it is invalid and that termination or further enforcement action cannot take place until such time as a valid notice is served. 21) In the case of Woodchester v Swayne & Co [1998] EWCA Civ 1209 in the Court of Appeal, the court addressed in some detail the issue of the contents of a default notice and should the notice fail to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) it would render the default notice invalid. I quote the comments of Kennedy LJ: "This statute was plainly enacted to protect consumers, most of whom are likely to be individuals. When contracting with a large financial organisation they are at a disadvantage… If the hirer is said to have broken its terms, the hirer needs to know precisely what he or she is said to have done wrong and what he or she needs to do to put matters right. The lender has the ability and the resources to give that information with precision. If he does not do so accurately then he cannot take…"the next step" “ “That, as it seems to me, is the scheme of the legislation. It would be frustrated if the notice could claim that in order to put matters right the hirer must pay a sum far in excess of the amount in fact owing and yet constitute a valid notice. … he may not at first appreciate that the large sum set out in the notice is inaccurately calculated and plain wrong. It may be, perhaps because of earlier defaults on his part or the incidence of interest, not at all easy to calculate what in fact is owing and the hirer may, thus, be misled into believing that the sum set out in the notice is right.” 22) As a result, I submit that, unless the Default Notice is accurate with regard to the amount that was lawfully owing to the claimant, then it is not valid and that termination or further enforcement action cannot be taken until such time as a valid notice is served. Conclusion 23) The claimant has failed to supply any supporting documents with the claim form and has ignored my request for information under the CPR. 24) Furthermore, without full disclosure I am unable to prepare a defence to the documents which the claimant will be seeking to rely upon. Nor can I reasonably consider what case I have to answer. 25) In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16. 26) Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph 10 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly. 27) In addition it is drawn to the court’s attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect: since the alleged agreement is believed to have commenced prior to 2004 the Consumer Credit Act 1974 is the relevant act in this case. Statement of Truth I, believe the above statement to be true and factual Signed Name Date

Thanks very very much, Andy. I'll keep an eye open for it.

Hi Andy I phoned the court and they said Friday 28th November. Any help you can give with my defence will be gratefully received. Many thanks - Freddyboy

Hi Andy Here's a link to the POC http://i461.photobucket.com/albums/qq340/Freddyboy1957/Claim/POC.jpg Hope you can see it. I'll post up the defence deadline date later this morning after I've confirmed it with the court. Many thanks - Freddyboy

Thanks for that, Andy. I've left the summons at home. I will phone the court tomorrow to confirm dates, but: summons dated 27/10/2008 service date=27/10/2008 +5 = 1/11/2008 AOS required by 1/11/2008 + 14 = 15/11/2008 (actually submitted online on 11/11/2008) Defence required by 15/11/2008 + 14 = 29/11/2008 (or should it be 11/11/2008 + 14 = 25/11/2008 as that's when I actually submitted it). I will confirm this tomorrow after I've spoken to the court. Many thanks, Andy, for your valued time and help :)

Hi All Sorry to bump this up, but I'm worried. CAA/CPR request sent 1/11/2008, signed for, and no reply received. In the meantime, I have completed my AOS to the County Court and have until 29/11/2008 to submit my defence. Andy has advised me that if I get no CAA/CPR then I will submit a 'holding defence', but I'm not at all sure of what this is or how I put it together. Can anybody help please?? I will post up the Particulars of Claim tomorrow if needed, but the gist of it is they say I entered a loan agreement under the CCA 1974, they have been assigned the debt, they have issued a default notice, and they now seek full payment. Also, as the account is now in default because they have not sent a copy of the CAA, do I need to send in a default letter to them bearing in mind it's going to court. I have the letter already to send but need to know if it's OK. It is as follows: Account in Dispute On 1st November 2008 I made a formal request for a true signed agreement for the above account under the Consumer Credit Act 1974 section 77/8. A copy of this request is enclosed for your perusal and ease of reference. You have failed to comply with my request, and as such the account entered default on 15th November 2008. The document that you are obliged to send me is a true copy of the executed agreement that contains all of the prescribed terms, all other required terms and statutory notices, and was signed by both the creditor and myself as defined in section 61(1) of Consumer Credit Act 1974 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore you are aware that the Consumer Credit Act 1974 allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired. As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore, as you have failed to comply with a lawful request for a true signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account, and failed to provide any of the documentation requested, this account has become unenforceable at law. Consequentially any legal action you pursue will be averred as being both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all relevant data. Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully Many thanks for any help/advice you can give:)

Hi Andy Well, I think the expiry dates for replies from Copes were up on Saturday 15th. I have not heard anything regarding either the CCA or CPR requests (I do have POD). I would really appreciate your help in where to go from here - I assume I have to send a letter of default regarding the CAA, and submit a defence to the County Court in respect of the CPR - I have to submit my defence by 29/11/2008. Thanks for your valued assistance . Regards - Freddyboy

Hi Andy, thanks for the quick response. Yes, as far as the CPR goes I used the one suggested by you in the link below, so def 10 days. So from next Monday I should be in a position to make my defence?? Thanks once again.

Just an update on the situation. I posted off the requests for the CAA and CPR on Saturday 1/11/2008 and both were sent separately. They were both signed for on Monday 3/11/2008. As yet I have heard nothing back. I today completed on-line my acknowledgement of the County Court Service, and stated my intention to fully defend the case. The date of the summons is 27/10/2008 so I think I'm right in saying that I had up until 15/11/2008 to acknowledge the service and now have up until 29/11/2008 to submit my defence. I'm a bit confused about the 12+2 days for an answer to the CAA/CPR - can somebody please advise me what date I should receive them by and what I should do if I don't get anything back. Very many thanks for your valued help.

Andy & Hugh Many thanks for your valuable advice. I think I'll do as Andy suggests and: 1) submit a CCA request by registered post to Copes Solicitors. 2) submit a CPR request by registered post to Copes Solicitors (send under separate cover to (1) above) 3) At the end of next week go online and notify intention to defend the CC case. I have another question - if they comply with the CCA and CPR and it is shown that the debt is enforceable, will the court allow me to retract my intention to defend and submit an offer of payment? What would be the time limit for this? Hugh, you said I need to post my POC - excuse my ignorance bit what is this?? Many thanks once again for your help and I'll keep you posted.

That's absolutely brilliant. Thank you so much, Andy :). Just to recap, my first action is to send a CCA to Arrow (or do I send it to Copes); then send a CPR to Copes; then go online and inform the court I intend to defend the claim???? Thanks once again

Hi – I’m new to the forum and looking for some urgent advice please. Sorry it’s so long-winded, but here goes. In 2006 I fell into serious financial hardship, and could no longer afford the payments on my un-secured credit (credit cards and personal loans). I sought help from the CCC who proposed a DMP – this commenced July 2006 and covered 8 credit cards and 2 personal loans (un-secured). The payment proposals were accepted by all parties initially. Since then, a number of the credit card debts have been sold on to DCA’s, and in all but one case the existing payment via CCCS has been accepted by the assignees. The exception is a Monument credit card I took out in 2004. Monument did accept the DMP proposals, but in August 2007 sold the debt on to Arrow Global LLC. I received a letter in August from Arrow Global LLC advising me of the assignment from Monument and informing me that all rights and balance had been transferred. The CCCS changed the payee for this debt to CBS Transcom who I understand are agents appointed to manage the account on behalf of Arrow Global LLC. I had a couple of letters in August/September 2007 from CBS Transcom The letters demanded an increase in the payment they were getting from my DMP. I telephoned their office and they informed me that I was required to settle the account in 2 years. I explained my situation to them and asked them to contact CCCS. In November 2007 I received a letter from Copes Solicitors, St Albans - this was a Formal Notice of Intent to issue Legal Proceedings on behalf of Arrow Global LLC. I telephoned Copes and explained my situation, they asked me to get CCCS to send them a copy of my up to date financial statement which was done. In February 2008 I received a letter from CBS Transcom stating that as I had not settled the debt in full, or agreed payments to clear the debt in 2 years, their client Arrow Global LLC would ‘take steps to secure its interest, which may include legal proceedings’. I telephoned CBS Transcom and was told that the letter had been sent out in error. They did, however, request an updated financial statement to be provided by CCCS – this was done. Between February 2008 and October 2008 CBS Transcom telephoned me once a month. Well, actually it was a voice message saying that it was ‘and urgent personal message’ for me and asking me to telephone their office. On the first 2 occasions I returned the call and was asked if could increase the monthly payment to which I replied that I could not. The third time I asked them why they kept telephoning me every month when they knew my circumstances – they replied that it was their policy and that calls would continue every month. On 24th September 2008 I had another letter from Copes Solicitors - this was dated 22 September 2008 and was a Formal Notice of Intent to issue Legal Proceedings. It stated that unless full payment (3821.05) was received by them as cleared funds by 16:00 on 25th September 2008 then they would commence legal proceedings. I telephoned Copes on 24th September, re-stated my situation, pointed out that CBS Transcom had been telephoning me regularly since February 2008 and there was certainly no implication from them that they had declined my offer of payment under my DMP. I also asked them how they expected me to provided cleared funds by 16:00 on 25th September 2008, given the fact that they had sent the letter out just 3 days earlier. They asked me to send in another up to date financial statement – this was sent to them by CCCS on 25th September 2008. On Saturday 25th October 2008 I received another letter from Copes dated 24th October 2008. It stated the following: We act for the above (Arrow Global LLC) who instruct that you owe £3805.79. You have previously received notice pursuant to the Law of Property Act 1925, that our client obtained the debt by way of assignment under account number ################. You have failed to make payment as requested and/or you have refused to make payment. Our client is no longer prepared to tolerate your failure to pay the debt and we have been instructed to consider taking legal proceedings against you in the County Court unless you pay the sum of £3805.79 within 10 days from the date of this letter. Our client is confident of obtaining a judgement against you for the sum owed plus court fees and solicitors costs. It is not believed you have a legitimate or any defence.’ On Tuesday 28th October 2008 I received a County Court summons from Northampton County Court in respect of this debt – the issue date being 27th October 2008. I telephoned them and asked them how I had been summonsed on 27th October bearing in mind that they sent me a letter dated 24th October 2008 stating that if I had not settled in 10 days then they would consider taking legal proceedings. They told me that the letter had been sent in error and that the important letter was the one they sent on 22nd September. So I now have until 15th November 2008 either to accept liability and offer payment terms or to contest. Since getting into financial difficulties, I have never sought to run away from the problem and have not missed a DMP payment since it started in June 2006. All of my other creditors have accepted the terms of my DMP, and although my biggest creditor (Lombard) has obtained a charging order against my property even they have not asked for larger monthly payments. Normally I would not contest this debt – I would just send off the court form admitting everything and making an offer of payment. As I have a charging order I’m not unduly concerned about another CCJ, but am terrified that as Arrow Global LLC seem to use such unorthodox methods they might try to get an Attachment of Earnings order and I’d lose my job if this were the case. But I am extremely irritated with the methods and inconsistency of Arrow/CBS Transcom/Copes and am considering contesting the matter. I would be extremely grateful for any advice on what my options are, particularly related to the following: Are Arrow legally entitled to buy a credit card debt and then demand full payment within 2 years? CBS Transcom telephoned me every month to try to increase my payments – does this imply their acceptance of my DMP? The first Formal Notice of Intent to issue Legal Proceedings on behalf of Arrow Global LLC issued by Copes in November 2007 was not acted upon. Does this imply acceptance by Arrow/CBS Transcom/Copes of the terms of my DMP and thus render a Notice of Intent issued a year later (24/9/2008) illegal? The letter I received from Copes dated 24th October 2008 stated I had 10 days to make payment before they would consider instigating legal proceedings. Even if they say that this letter was sent in error I never-the-less received it. Can they then legally have a County Court summons issued within the 10 days (as they have)? If I contest the matter, does the inconsistent approach/information/action on the part of Arrow/CBS Transcom/Copes weigh in my favour? If I contest the matter, do I need to request a copy of the Credit Agreement, Deed of Assignment, or both? I have to respond to the CC summons by 15th November 2008. Thus to send this in on time I may not have the CCA/DOA from Arrow by then. If I contest, and then the CCA/DOA arrive and show that the debt is indeed enforceable, will I then be able to retract my contention, admit liability to the court and offer payment? If I decide to contest, what should my immediate actions be? I’m anxious to get this right, as I have other as yet un-sold-on credit card debts which may in future be sold-on to Arrow (God forbid). Very many thanks.

I too received an identical letter from Cope's dated 24/10/2008. This is also regarding a Monument Credit Card. I have a DMP through the CCCS for around 10 creditors - all of them agreed the proposed payments except Monument, but they did eventually agree. The first I knew that the debt had been sold on was when I had a phone call from CBS Transcom demanding an increased payment. I explained my situation and CCCS sent them an updated statement. Transcom accepted the offer verbally, but telephone me every month trying to get an increase. When I told them it was pointles to keep phoning every month, they told me it was their policy. I was shocked to get the threatening letter from Cope's, and was going to phone them today to try to work something out - like you I do not dispute the debt, have never missed a payment, and fully intended to pay it off. However, their attitude irritates me, and I think the advice from 'twofoot' to ask for a CCA and DOA excellent - it is certainly what I'm going to do. Good Luck:)