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  1. Received a letter today - accompanied by a notice of discontinuance!!! So hopefully all dealt with - although they do add in the letter "We confirm that your account has been closed, however, please note that this does not mean the debt is written off, purely that we have made the decision not to proceed with the claim. The debt still remains due and owing and we will continue to record the default on your credit record until such time as the debt has been settled or paid in full" Bit confused by this bit as there is no default on my credit record (due to age if debt) Must thank the mods on here for their help!!
  2. Perfect - Thanks for the input and I shall get this sent tomorrow.
  3. Hi there - I just wanted confirmation that my suggested letter in post 37 was suitable to send back to Arrow. Would appreciated feedback Thanks
  4. I am aware that Tessera are a DCA - so I fail to see how they can obtain any form of judgement with such poor information and no proof at all. Shocking really - that just anyone could make a claim and if you do not respond judgement is issued by default.
  5. Hi - feedback needed please. I have drafted the following letter to send to Arrow and will enclose copies of the two letters (CPR & CCA) sent to their former solicitor. *** Dear Sir or Madam Ref: XXXXXXX Thank you for your letter dated 02/07/14, the contents of which are noted. Following the information provided in you letter I still remain unable to identify this account – having never held a Tessera Credit Card or entered into any credit agreement with them. I refer to my two letters sent to your former solicitor Drysden FairFax (copies of which are enclosed) neither of which has been complied with. This includes the disclosure and production of a verified and legible copy of each of the following documents mentioned in the particulars of your claim: 1) The agreement 2) The notice of assignment 3) The default notice 4) The termination notice 5) Statement of account In addition, a true copy of the agreement was also requested pursuant to s.77/78 of the Consumer Credit Act 1974 together with other documentation the Act requires you to provide. I acknowledge your attempt to provide information in your letter dated 02/07/14, however, this fails to provide the information requested and even says that the last payment made to the account was for “No payments on the account!” and with no date provided either. Therefore I have no intention to withdraw my defence as this debt remains vague as you have failed comply with your obligation to provide the information requested that forms the basis of your claim. Yours sincerely PRINT MY NAME
  6. I think the card may be Egg Statute Barred? Having done some research (in fact looking at some old posts on here) I last made a payment back in 2008 - but I cannot be sure of the exact date so it is on the cusp. In terms of their response - clearly a standard tosh letter (not even checked it would seem). I want to know if I should respond to them? they have still not complied with the CCA or the CPR and supplied the statements, dates of defaults - intact they have not supplied anything I asked for. I am happy to put together a letter to send to arrow later this evening and post on here for opinions if that is the best way forward.
  7. As if by magic - when I got home there was a letter waiting for me.. enclosing a court document to change solicitor - they also claim to have answered my questions. However, I have NEVER had a Tessera credit card - I also find interesting that this seems to be a mail merged letter as it states my last payment was for 'no payments to this account' on [blank]. So is it best for me to write back to Arrow now and resend the CPR & CCA requests - would appreciate input. Letter attached
  8. By time line I meant the time to respond to my defence before the claim becoming stayed In terms of getting it struck out - I would prefer this did not get resurrected and catch me out later hence I asked if I should get it struck out? If I have no grounds under which to do so - other than their failure to substantiate the claim by proving the debt was owed and the fact it is statute barred then that is the answer I was looking for.
  9. My defence was submitted on 2nd June - we are now well past the 28 days - plus some additional days. I have not heard a thing.. should I call the court or just accept as per the letter that this claim is stayed? They are outside the timeline to take action. Oddly enough, I found an unopened letter the other day that was from Arrow Global, sent in April. It was a notice of assignment saying they had passed the debt to Drysden - which seems odd as Drysden FairFax have stated they are the solicitor and when responding to my requests for info said they were trying to obtain this information for their client (arrow). The court paperwork even states that Arrow are the claimant - yet they have told me that they have sold the debt to Drysden? Now that the time has passed - should I look to get this struck out or just leave it?
  10. Well... defence was submitted on 2nd June and still have not heard anything. I believe they have until 30th (28 days?) Do I need to call and find out or just wait to see what happens on Monday. If they do not respond what are my next steps? Many thanks
  11. Thanks Andy. I will submit the following today: Particulars of Claim: 1. The claim is for £1186 in respect of monies owed by the defendant on a credit agreement held by the defendant with Tessera under account number 5XXX XXXX XXXX XXXX upon which the defendant failed to maintain payments. 2.A default notice was served upon the defendant and has not been complied with 3. By virtue of a sale agreement between Tessera and the claimant, the claim vested in the claimant who has a genuine commercial interest . The defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors In the Northampton (CCBC) County Court Claim number xxxxxxx Between Arrow Global = Claimant And ME DEFENCE 1. The defendant has never entered into a credit agreement with Tessara and therefore is unable to recognize or acknowledge any debt that the claimant has purchased from them. The particulars of claim are vague and unsubstantiated with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement or contract 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 2. The claimants claim is denied as the particulars are vague and do not provide information as to who served a default notice and when. 3. I am unaware of any legal assignment the claimant refers to within its particulars. I have no knowledge of who the claimant is or the company from which the alleged debt originates. On receipt of this claim I requested information pertaining to this alleged debt from the Claimant by way of a section 77/ 78 request ( dated and sent on 8th May 2014 ) . As of this date, 2nd June 2014, I am still to receive any correspondence from Dysden Fairfax Solicitors. On receipt of this claim I also requested information pertaining to this alleged debt from the Claimant by way of a CPR 31.14 .The claimants solicitors legal response dated 13th May 2014 stated that they would contact the claimant to obtain the information requested. To date nothing has been received. Therefore with the courts permission the Claimant is put to strict proof to: (a) show and disclose how the Defendant has entered into an agreement; and (b) show and disclose how the Claimant has reached the amount claimed for; © show how the agreement was legally terminated to allow the claimant relief. (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. 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 crediticon Act 1974. 6. 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.
  12. I don't know when the last payment was made - having looked on here I found a post mentioning a possible payment, furthermore I found a letter confirming a standing order payment arrangement from late 2008 I honestly cannot remember what may or may not have been paid. Would the above therefore be a better way to proceed?
  13. Thanks I will be at work but fortunately have a job that will enable me to work on this at the same time
  14. I used a credit card defence from here for what was written above Is the only bit I need to alter the first point in relation to Tessara?
  15. Still not heard any feedback on my defence - do I need to make a donation to the site before I get a response - please let me know what I need to do Many thanks
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