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PlumeDove

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About PlumeDove

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  1. Thank you everyone for your help and to update my thread. I have heard back from Restons and Arrow but they have not supplied me with any paperwork regarding the alleged debt. Briefly Restons say I should have enough information when I took out the card and Arrow say they do not accept that they are the creditor as envisaged by the statute (CCA 1974). They go on to say that it is not SB because I made a payment of £2 in 2012. This debt is so old I don't have any paperwork to even verify the account number they are using to pursue this debt, and I definitely did not make any payment in 2012. I'm drafting a response to Arrow, but would appreciate any input on what to include in my letter? Thank you again
  2. Thank you both so much for your fast response! I will submit SB defence I actually sent the claimant the statute barred letter template letter in response to their 'letter before action' but they rejected it, they said it was unacceptable as I had printed my name and not signed it. That letter was quickly followed by the court claim. Thank you again, will keep you updated
  3. Hello, Can anyone help answer a few questions I have regarding a court claim? Name of the Claimant ? Arrow Global / Restons Date of issue 08th September 2016 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 Marks and Spencer Financial Services PLC dated on or about Oct 05 2004 and assigned to the Claimant on Dec 19 2013. 2.PARTICULARS a/c xxxxxxxxxxxxxx DATE ITEM VALUE 07/06/2016 DEFAULT BALANCE 564 Post Refin Cr NIL TOTAL 564 I acknowledged the claim on MCOL 14th September with the intention to defend in full as I believe the debt is statute barred. I have not submitted my defence yet. Actions so far Court claim dated 08th Sept (recieved 12th Sept) Acknowleged claim 14th Sept CPR.31.14 to Restons on 15th Sept CCA to Arrow 16th Sept I believe the debt is statute barred ( last payment/contact over 10 years ago) so should I go ahead and submit my defence now on the grounds the debt is statute barred, or should I wait for paperwork re the CCA and CPR requests? Thank you for any help!
  4. I totally agree, I thought it odd and said to the Judge, I thought the 'agreement' covered all payments (monthly installments and the final payment) so this would mean that the whole debt was SB as the last payment/acknowledgement was made in 2007? but he said it did not and that the final payment was a separate 'debt' to the installments. Just to add my agreement does say 1 payment of x followed by 47 payments of x then 1 final payment of x. So to me that would be the same agreement.
  5. Thanks Andy, I agree, I also thought cause of action/last payment/acknowledgement meant the debt was SB (that would be in 2007) but from today's hearing the Judge's interpretation was that if the agreement wasn't terminated before the balloon payment became due then the whole debt was not SB. But at the first hearing last July that Judge said the first part of the debt WAS SB, I'm sure he even said there is no question about that, but the final payment might not be as that was due in 2010.
  6. Thankyou, would you know if a default notice was issued and the terms not carried out would this mean the agreement was terminated?
  7. Just to update…The court hearing was today and has been adjourned because the Claimant presented a document during the hearing referring to a case ‘BMW v Hart’. I informed the judge I had not seen / read the document until 10 minutes before going into the hearing. (Turns out their solicitor submitted it last minute and without the knowledge of the DCA) I am not familiar with this case so the judge allowed the adjournment (the next hearing could be a few months away) to give me time to read the paperwork. I’m hoping I can find a reason why it doesn’t apply to my case but wonder if anyone is familiar with this case? thank you in advance for any help
  8. I've attached again, hopefully this should work ok NI Particulars 2 .pdf
  9. oh sorry, I've not done this before, is it possible to zoom in at all? Ill try again!
  10. I have attached a pdf of the particulars of the claimant claimform.pdf
  11. Ah thank you, I wasn't aware of that, really appreciate the help with this!
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