eversheds/arrow global advice

[worried36]

hi everyone I need some advice. On the 11th feb I recieved a letter from Eversheds stating that arrow global have instructed them to collect a debt of 1110.49. I am not sure who this debt is for so sent them a cca request using your template and enclosing a £1 postal order. I sent it registered post and it was delivered on the 12th feb. Today I have recieved a claim form for a county court dated 18th feb 08 saying I have 14 days to respond. Any ideas on whether I should contact Eversheds or the county court. Any help would be appreciated many thanks.

[worried36]

Does anyone know whether it would be better for me to dispute this claim online at www.moneyclaim.gov.uk explaining to them that I have sent a cca request because I am unaware of any debt owing to them?

[summer30]

Sorry not really sure on this one, hopefully someone will be along soon to help

[Docman]

Hi Worried

 

Yes you should respond to the county court at www.moneyclaim.gov.uk . You will need your claim number and the password that is on the N1 claim form you have received. You will have 14 days to do this but I suggest you do it eariler rather than later.

 

If you put down that you dispute the claim in full, you will have 28 days from the day of service (ie today) to lodge a defence. f you can post up the Particulars of Claim without any identifying personal details, it will be easier to advise on a defence. Don't worry about scanning the document, just type out the main details from the Particulars of Claim section.

[mrmarmite]

worried36, this is the first time you have heard from them?

 

this should be interesting, need to send court a letter before filing a defence requesting a stay so you investigate this as this sprung up out of the blue and you have no knowledge about it, i'll go find you a letter to send to eversheds,

[mrmarmite]

FOUND IT

 

send them this by recorded delivery ASAP

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with MBNA.

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[mrmarmite]

take note of the following bit in letter:

 

will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

 

the courts wont take kindly if DCA dosent oblige, the main thing you are after here is the Credit agreement, without this they buggerd, court will order DCA to supply it if DCA don't court will throw it out.

[Docman]

Well said Mr M.

[mrmarmite]

ty, only passing info on for others that i got from others to help with their legal rights

[worried36]

Thanks for getting back to me I will send the letter off tomorrow.when I respond to the court do I just tell them that I have no idea who they are and that I have only recieved the one letter from them and that I have sent for a copy of a cca and had no response yet other than the court response pack. thanks for al your help so far:)

[mrmarmite]

at the mo, just send back the summons and select that you intend to defend the FULL amount, this will give you another 14 days on top of the 14 you got now,

 

we then wait for response from disclosure letter, if nothing shows up then will contact the court

[mrmarmite]

i would also like to point out that, if you never got summons before PLEASE don't worry or panic about it. you won't get locked up or anything like that.

 

If you have any questions then post them here for us to help you just like your doing now, most of us involved one way or another with court and trust me it's not as bad as people think. just sit down have a beer and chill out.

[worried36]

I've got 5 kids so the threat of spending time locked up sometimes sounds appealing!!!! But its nice to have your support as it can at times feel very daunting but it makes you feel better sharing your problems with people who understand. Many thanks again:)

[mrmarmite]

lol i now what you mean. i got 2 kids 4 cats and a rabbit, and the rabbit is the worst,

 

sharing probs yes it does help a lot, even better you are doing it to people in the know AND people who don't know who you are,

 

this site helped me out a few holes now and i gained experience and knowledge and now i'm helping you by giving you help that i learnt from others on this site

[mrmarmite]

on the summons you got (being a pain) can you post what the P.O.C says (particulars of claim)

 

might give us little more insight to what is going on (soz i keep pondering about this, as said earlier "intersting"

[worried36]

soz I didn't get back last night but had to put kids to bed(which practically takes all night with the amount I've got!!!!!) The particulars of the claim says; The claim is for the sum of 1,110,49 being the amount outstanding on account number *********** full details of which have been previously supplied. The account is regulated by the consumer credit act 1974 and a default notice has been served in accordance with section 87 of the act and has not been complied with contact eversheds llp on 0845 498 3472. I am totally rubbish and don't recognise the account number but would probably be able to recognise it if it said llyods or barclays etc. (I don't have many brain cells left I'm afraid!). Will be back online later as work calls many thanks for all your help!

[mrmarmite]

ok, very interesting then,

 

1. have you ever received a default notice?

2. have you previously been supplied with full details?

 

If no to 1 they buggered before they even start, we shall wait for info to come through from eversheds and have a chuckle at it

 

don't worry to much, there something very fishy about all this and it will show it's eventually

[worried36]

hi, thanks for getting back to me. I don't know who the debt is for so don't know about any default notice. I havent recieved one in the past year or so. I will keep you posted many thanks again:)

[mrmarmite]

ok, looks like we might be able to have a little fun with this one

 

time will tell

[worried36]

Hi everyone, today I recieved a letter from Eversheds notifying me that arrow global have transferred my account over to them and that a county court claim has been issued for £1,255.49. It basically is saying that if I don't pay them either the full amount or installments or ignore them than a judgement would be entered against me . It also gives methods of payment on the back of the letter. I cca'd these people and they recieved it on the 12/02/08. I have proof of posting. Can they ask for money or should I register a complaint? If so who do I complain to? I sent the letter template by mrmarite and they signed for it today. I have proof of posting on that. Or should I just wait and see what they come back with? I hope this makes sense many thanks.

[sillygirl1]

Just wait - they won't come up with anything in the time and if you turn up at court I bet they will have a 'solicitor for rent' on duty for them who won't know anything about the case.

 

You have strong grounds for a defense and can state in your particulars of claim that they are 'abusing the process' by not complying with your CCA request and not giving any other letters in respect of court action....

[Docman]

I should also add that Mr M's letter is what is known as a 'CPR 18.1' from section 18.1 of the Civil Procedures Rules. The Court will expect a solicitor acting for a creditor do supply everything requested before the court has to act, ie within the 14 days you set. If they don't, you will have to file a defence ( don't worry about that just yet, help will be available). The court will then order the solicitors to produce the documents, or it can strike out the claim.

As SG said, if it gets to a judge looking at the case, Evers..ts will send a local 'rent-a-solicitor' to court who probably won't know much or have documents.

Hang on in there and smile. It may seem hard now, but you will get through this!

[worried36]

I wouldn't mind but I still don't know what the debt is for!!!! So I should wait until the fourteen days is up?

[worried36]

Hi recieved a letter today dated 27th feb from eversheds saying that they refer to the above(account number) and confirm reciept of your correspondence, the contents of which are noted. Please be advised it that if you are to file a defence you must do so before march 22nd 08 with the court. Does anyone know what i should do now should i phone them and see if they can tell me who the original debt is with as they just keep putting down arrow global who ive never heard of. Any advice would be much appreciated many thanks.

[Docman]

Evers###s have either ignored your CCA request or they are playing 'chicken' with you - waiting to see who will give in first.

 

I suspect that it is more a case that Evers###s left hand doesn't know the right hand has got a CCA request and so LH has carried on with the court proceedings. LH hasn't read the file properly and hasn't realised that 22 March is in the middle of the Easter break when the court will be closed from 20 to 25 March.

 

You will need to be careful with the dates here and be ready to submit a defence at short notice. Your CCA request was received by them on 12 Feb. I think they have twelve WORKING days to comply but I am happy to be corrected on that point. If I am correct, and if they haven't supplied the copy agreement already, they are in default and cannot enforce any claim. If nothing else comes from them, this will be your first defence. You can't defend on any other grounds frankly, as you don't know anything about the debt.

 

Having sent the CPR 18.1 letter, Evers###s have 14 CALENDAR days after receipt to respond. Since they must have received your request by 27 Feb, they could claim to have until 12 March to respond with the documents. If then they supply a copy of the agreement, they would have met the requirement under the Consumer Credit Act and can then go ahead with the case. If this happens, your defence will have to be based on the validitity of the documents supplied.

 

I'll dig out a draft defence for you to cover the first scenario and post up shortly for comment.

 

I'm sorry if this sounds complicated but it isn't really. Unfortunately, DCAs pray on people getting all upset and agreeing to the DCAs demands just to avoid court. Don't fall into the trap and get upset.