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Everything posted by PlumeDove

  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!
  12. That's correct, its on the new claim form (CCJ) and the hearing is at the end of this month. Did you also want the particulars of the SD (Bankruptsy) they issued in June 2015? The hearing for that was July 2015.
  13. Thank you, I will try to get those uploaded. Just to add, the first Default Notice (2007) is from Bank of Scotland, I thinking I should send an SAR to them as well.
  14. just correcting what I said above, the figures do include the final payment but doesn't mention it, sorry for any confusion!
  15. I'm having problems uploading a scan but have written out as verbatim: Issue Date 10th Sept 2015 ''The Claimant’s Claim is for the sum of £7,882.92 being monies due from the Defendant to the Claimant under a Regulated agreement between the Defendant and Freeway Ltd under account ref xxxxxxxxxxxxxxx and assigned to the claimant on 11/08/2014 notice of which has been given to the Defendant. Invoices have been raised to the Defendant for payment and the Defendant has failed to make payment in accordance with the terms of the agreement. Pursuant to clause 4 (d) of the agreement the claimant claims contractual interest at a rate of 5.50% per annum from the date of assignment of the agreement to 08-Sept-2015 being an amount of £2,313.36 and continuing at a daily rate of 1.19 until judgement or earlier payment. In addition the claimant claims costs'' Amount claimed £10.196.28 Court fee £458.83 Legal representative cost £100 Total amount £10.755.11 Again this figure doesn't include the balloon payment which is an additional £1,713.00.
  16. The bundle was from the first hearing last July 2015 (SD for Bankruptsy) The 'Default' in their bundle is from 'Lex Autolease' and demands £7.88292. It gives me 14th July 2010 to pay or they will take action. Not sure if relevant but the figure doesn't include the balloon payment which is an additional £1,713.00. Sorry trying to upload a copy of it but I am having problems, will keep trying. Doing the SAR this afternoon and will post recorded tomorrow.
  17. That does make sense, ah great idea re the credit file history! I will search around for more info about this. I totally agree about the contact bit, as the professional they should have maintained some kind of contact. Now I think back the FOS did mention on more than one occasion that he also had problems hearing back from them. I checked the court bundle that the DCA submitted for the Bankrupt hearing last year (its like war and peace, even the judge commented on its ridiculous volume) and yes they enclosed a default notice (I never received this, first time I saw it was in the court bundle) On closer inspection it looks odd compared to the one I received from the bank, its not dated for a start, nor signed and doesn't contain the same amount of information as the original. I'm thinking its fake, especially as it is not recorded on my credit file. They also included a Repossession notice, (again I never received this and the first time I'd seen it was in the court bundle) Needless to say no one came for the car so presuming this is a fake letter as well. Yes that also makes sense re the Default Notice, I did ask the judge if the (2007) notice covered the balloon payment but he said no it did not. I'm confused about that because I thought only 1 default could be given per agreement.
  18. Yes, it would appear so but I was willing to pay for it if they had carried out the instructions from the FOS, especially with regard to the amended agreement. I have no idea what happened to the account during 2007 default date and the 2010 defaulted balloon payment, I thought perhaps they had closed it because they couldn't amend the agreement but I am not sure about that. So just to confirm I didn't receive any default notice in 2010, if I had this would still be on my credit file?(I have no defaults on my file, just checked today) BTW the balloon payment is SB in May 2016. I have lived at the same address since 2003. Yes I will definitely send off for an SAR, wish I had done this sooner as you advised but with one thing and another
  19. Nothing, I still have the car and they never contacted me after the FOS wrote to them with the outcome of my complaint. (which was to amend the agreement, set up ppi if i wanted it plus they should pay the next 12 mths installments, refund me the £50 they had taken, and remove any default from my credit file ) I'm presuming I must have contacted them at the time, but to be honest its been so many years I really cant remember.
  20. Thank you for your response. That's correct; the SD was set aside on the grounds that the debt was SB. However he did say that the ‘final payment’ is separate debt from the original debt, even though it’s the same agreement. He went on to say it depends on when the account was closed. I did contact the OC after the hearing asking for a date the account was closed but have not heard back. During the hearing I submitted the letter from the FOS (please see my first post) the judge said these sums would be ‘offset’ against the final payment which would in fact leave the DCA owing me money -except the DCA have added 6 years of interest to the final payment, (it was due in 2010) plus court fees on top, and as mentioned the original amount (which the judge agreed is definitely SB) When I received the CCJ paperwork I went to the CAB who were really surprised at the action of the DCA and said they were ‘trying it on’. They helped me fill in the court papers to file a defense. It’s a complete nightmare and I’ve probably not handled it properly. Although I did seek advice from the advisory services it appears to be a complex case. I really don’t want to end up with a CCJ
  21. An update... They are taking me to court again, and have applied for a CCJ. They have also added interest and are now claiming £10,750. The case has been allocated to the small claims court and my hearing is at the end of the month.
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