Arrow Global

[Sydneythecat]

Hi I received a letter from Arrow Global stating the following:

 

16/12/09

 

We refer to our letter dated 05/05/2009 (responded with a CCA on 07/05/09 and they signed for the following day, still not received anything from them) and note you have failed to respond meaningfully or at all.

 

The purpose of this letter is to confirm that a statutory demand has now been sent to the Process Server who will now visit your address to affect personal service of the demand upon you.

 

We remain available to discuss repayment of your debt at all times. It is never to late to stop action. If you wish to discuss this matter further call the telephone number below.

 

TELEPHONE NUMBER BELOW TO MAKE ARRANGEMENTS TO PAY YOUR DEBT.

0800 1300165

(Opening hours are 9am-5pm Monday to Friday)

 

I sent them back a copy of my original CCA and the letter below:

 

Arrow Global Ltd

Litigation Dept,

3 Hardman Street,

Manchester, M3 3HR

 

Dear Sir/Madam

 

Re:− Account/Reference Number ***************

Please find attached letter which I sent to you on 7th May 2009 and I have confirmation that it was signed for on the 8th May 2009. I still do not have a reply. Please do not send further correspondence until this matter is addressed.

Have proof that is was signed for on 23/12/09 as sent by Special Delivery.

 

So we arrive back from Xmas Holiday and find a rather tatty letter in our letterbox stating the following:

 

Dear Sydneythecat (handwriting) 30/12/09

 

We have been asked to contact you urgently by Arrow Global and ask that you call me as soon as possible on (Mobile number). You may call me anytime during the day, weekends included, up until 9pm. I have an urgent legal document for you.

 

Thank you.

 

Yours faithfully

 

xxxxxxx

 

I stupidly rang the number and was told by the man on the other end of the phone that we has to deliver a document from Arrow Global but wouldn't give me a reference number when I asked for one. He just said he had to deliver it and that the law of the land is his authority, I then asked what law and he got tongue tied and said could he deliver it and I said no, probably not the best thing to say but wasn't thinking at the time.

 

Can anyone help as starting to have a little wobble at what they can do? Any help would be very much appreciated.

 

Syd

Edited December 30, 2009 by Sydneythecat
Font

[dx100uk]

sounds like a phishing letter and a tracing agent follow up.

 

give us more info on the debt? history.

 

dx

[Belaflat]

Not wishing to worry you but Arrow Global have in the past few months dished out quite a few stat demands and had them served by hand.

I have had my fingers in the pie on 2 cases, both of which were set aside easily.

If this is a process server, then he can rightly say that personal service was attempted and failed and Arrow can then apply for the SD to be served by a notice in the paper, usually, the London Gazette.

If that does happen, then arrow could present a petition easily.

 

Thats the worrying part over with.

 

How much was the alleged debt for and do you know who the original creditor would be. Reason for asking is that it costs a fair bit of money to present a petition and Arrow will not do it if there is not likely to be a payout at the end of it.

 

When we know more, we can help you more.

[Sydneythecat]

As far as I can tell the Original Debt is for about £4800. The Account is HBOS, but I cannot tell you anymore as they haven't suppied me with the original paperwork regarding it as yet. Only been 7 months since I asked for the CCA? When they sent me the paperwork back in May this year I immediately sent a CCA as was curious as to what it was myself.

[Seminole]

Have you ever had an account with HBOS or the Halifax?

[Sydneythecat]

Did have an account with the Halifax but that was closed over 6 years ago and didn't accrue any debt with them. Dont have the statements now as so long ago.

[Seminole]

This looks like a complete screw up by Arrow.

 

I think my advice would be to accept service of the SD although the chances are that they'll stuff it through your letterbox and claim substituted service. You will then need to go to court to apply to have the SD set aside.

 

Hopefully, in the meantime sanity will prevail and Arrow will withdraw. If not you will have a field day with them in court.

[Sydneythecat]

If it got to court what would I do as haven't got a clue about any of this?

[Seminole]

I'm about to head off out but, in brief, if a SD is served you have 18 days to apply to have it set aside. It's an extremely serious document but anyone can produce one with a computer printer. It isn't issued by the court (like a CCJ form) but rather it's sent out by a creditor. It's sometimes used as a very unsubtle means of debt collection.

 

To have it set aside you have to make an application to the court. There are lots of threads here about how to do this. It's a fairly painless process although it does mean having to attend court. One of the grounds for having it set aside is that there is a serious dispute over the amount and/ or validity of the debt. It sounds as if the debt isn't yours and the only account you have had with HBOS would be statute barred now anyway.

 

Have a look around the forum. I'll be back online tomorrow. In the meantime others will no doubt be here tonight. If I were you though I would try to relax and enjoy the New Year.

[Belaflat]

It looks like they intend to serve the SD but based on what you have told us so far, thats not going to be a problem.

You have 18 days from date of service to get it set aside and already you have grounds as the debt is in dispute and they are in default of a CCA request.

If as you say, the account was last serviced 6 years ago then it is stat barred which is an absolute defence for any action they may take.

 

Its just a case of sitting back and waiting to see what they come up with, that way we will know for sure what the debt is exactly and how old it is.

We can then start formulating the plan of attack from ther.

[Sydneythecat]

I just received the Stat Demand from Arrow delivered through my letterbox today. Signed by Head pf Litigation on 16 Dec 09.

Particulars of Debt:

For a Credit Card agreement dated 05/04/02. Assigned to Arrow Global on 16/12/06 (Is this when they bought it for a fraction of the cost)Cannot remember having a credit card with HBOS ever!! I will Scan this stat demand and post it on here tomorrow as I have no clue what to do now, any help is much appreciated.

[Belaflat]

Delivered by hand or by mail?

18 days to apply for a set aside but not to worry, several members have recently had this with Arrow and had them set aside. In your case, if you know nothing about it, thats even easier if it is genuinely not your debt.

Lets see what the SD says and then we can take it from there.

[Sydneythecat]

It was delivered by hand but posted through the door as posted it earlier than he said he would. Anyway here is the Stat Demand attached in PDF Format.

Copy of Stat Demand from Arrow Global Ltd.pdf

[mandyjayne]

bump

[ODC]

Did they ever serve you with a Notice of Assignment in accordance with S136 of the Law of property Act 1925. I wouldnt have thought so.

[Sydneythecat]

No Section S136, whatever that is! Anyone have any idea what I can do and how to get it set aside?

[Belaflat]

Firstly, as you have made a CCA request and this has not been complied with, that is grounds alone for having the SD set aside as the account is clearly in dispute and you have received no proof that it is indeed your account.

You may also dispute that the debt is yours at all since you say you have no knowledge of ever having an acount with HBOS and they have provided no proof that it is.

I would also be inclined to send off a Subject Access Request to HBOS if you have an account number (should have been provided on the paperwork from Arrow) as this will establish if the debt is yours or not as they will have to send you everything they have, including a genuine copy of any agreement. With the timescale allowed for the set aside, you will probably not get a reply in time but nevertheless, it is still further grounds to emphasise the dispute.

[Belaflat]

To save masses of typing, have a read of this thread here, it will give an explanation of what to do and what forms you need to ask for.

If you dont understand anything or need more specific help, post back.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/217075-arrow-global-statutory-demand.html#post2393180

[Belaflat]

Courtesy of LilyWhite in the above mentioned post.

I have altered it slightly to suit your circumstances.

How to complete the forms

 

6.4:

 

For (a) fill in your name and address

 

The section that states attend before the Registrar leave blank. This will get filled in by the court.

 

For (b)

on the hearing of an application by (b) (insert your name)

 

An application for an order that the statutory demand dated (insert date on the SD that you received from xxxxxx) be set aside

 

For ©

The grounds on which the applicant claims to be entitled to the order are set out in the affidavit of the applicant sworn on (insert the date that you hand the forms into the court).

 

For (d)

The names and addresses of the persons upon whom this application should be served are:

(d) (insert name and address of xxxxxxxx For (e)

 

The applicant’s address for service is: (e) (insert your name and address)

 

Cross out where it states (Solicitor for the) and just leave the word Applicant and sign and date the form.

 

 

Form 6.5

 

For (a) fill in your name and address and state that you are a litigant in person.

 

For (b)

1. That on (b) (insert date that you received the SD through the post) the statutory demand exhibited hereto and marked 'A' came into my hands

 

For ©

2. that I © Do not admit the debt because the alleged debt is totally disputed.

 

The alleged creditor has not provided any proof whatsoever that the alleged debt is owed by me.

 

The alleged creditor states that the amount is owed under an agreement which has not been provided

 

The alleged creditor has not provided any default notices in the prescribed form.

 

The alleged creditor has provided no statements for the duration of the account.

 

The alleged creditor has not provided any notices of assignment.

 

The alleged creditor has not 'served' anything on me, but simply posted a demand - I believe that this is a frivolous attempt at scaring me into paying and therefore an abuse of the process.

 

I refer to:

 

Judge Boggis QC - RE AWAN - [2000] BPIR 241

 

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly. - JUDGE BOGGIS QC - SITTING AS A JUDGE OF THE HIGH COURT

 

On the above information I request that the demand is set aside and I kindly ask the the judge award my costs in this matter as a LITIGANT IN PERSON.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

j) In respect of judgment of Mr Justice Warren as set out above the applicant avers that there is a clear dispute in relation to this debt and furthermore the respondent has been made aware of the matters complained of and despite this a statutory demand was issued

 

I make this statement with the sworn belief that all facts stated are true.

 

I am sure that someone else will be along soon to either add or correct anything that may need to be done.

[Sydneythecat]

Thanks for this but do I need to attach proof of CCA & being delivered also?

[Belaflat]

Not at this point but you can amend this

The alleged creditor states that the amount is owed under an agreement which has not been provided

 

to read,

 

The alleged creditor states that the amount is owed under an agreement which has not been provided despite a request for a copy agreement being sent on..xxx... and signed for on ..xxx...(Insert dates)

[ODC]

S136 of the LofP Act 1925 means that they should have posted the Notice of Assignment to you by either recorded delivery or Registered Post to prove you actually received it.

[Belaflat]

How are you getting on with this, have you got your application in yet..?