Statutory Demand Issued - Arrow Global ***WON***

[krysus]

Hi

 

Arrow Global have issued me a Statutory Demand for an alleged credit card debt.

 

On two occasions I have requested from Arrow a properly executed CCA, copies of the original default notice, T&C's, and any deed of assignment. On both occasions they have failed to provide these, instead sending me a copy of an 'application' form, which obviously doesn't contain the required prescribed terms.

 

I responded to a letter stating they were going to issue SD last week, stating the above, breach of OFT guidelines, etc.

 

Obviously, I'm going to apply to have the SD set aside. Can I just use the content of this defense as my set-aside request?

 

 

Any other advice would be appreciated.

[supasnooper]

Sorry but I'm no expert on SD's but have read through these threads -

 

Filling out form 6.4 (stat demand set aside)

 

Statutory Demand on a Stature Barred Debt! Mortimer Clarke/Marlin ***WON***

 

Electronic Forms 6.4 and 6.5 for statutory demand set aside

 

http://www.consumeractiongroup.co.uk...emand-set.html

[lilly white]

Hi

 

Arrow Global have issued me a Statutory Demand for an alleged credit card debt.

 

On two occasions I have requested from Arrow a properly executed CCA, copies of the original default notice, T&C's, and any deed of assignment. On both occasions they have failed to provide these, instead sending me a copy of an 'application' form, which obviously doesn't contain the required prescribed terms.

 

I responded to a letter stating they were going to issue SD last week, stating the above, breach of OFT guidelines, etc.

 

Obviously, I'm going to apply to have the SD set aside. Can I just use the content of this defense as my set-aside request?

 

 

Any other advice would be appreciated.

 

YES THE DEFENCE IS FINE

[lilly white]

PRACTICE DIRECTION – INSOLVENCY PROCEEDINGS - Ministry of Justice

 

ALSO HAVE A READ

[lilly white]

The list to work on

In order to prove its claim the Claimant must establish a number of matters

 

 

 

. Firstly that there was an agreement between myself and xxxxxxxxxxxx Bank

 

 

, secondly that such an agreement complied with the requirements of The Act (and all consequential regulations made thereunder) both at the date of inception and at all times thereafter.

 

 

Thirdly it must establish thatxxxxxxxxxxxxxx Bank complied with all of the provisions of the Consumer Credit Act 1974 (“the Act”) in that it must show that it served a proper default notice upon myself prior to terminating the agreement and prior to commencing proceedings.

 

 

 

Fourthly, if the Claimant was not xxxxxxxxxxxx Bank then it must establish that there was an “absolute assignment by writing under the hand of the assignor” (S136 (1) Law of Property Act 1925)

 

 

 

. Fifthly that proper notice of any such assignment was given to the Defendant (S196 Law of Property Act 1925.

 

 

 

 

Finally it must establish that the sums claimed are lawfully owing both at the date of the alleged assignment and at all other times.

 

[linz2011]

Hi subbing - exactly the same has happened however, no stat demand as yet (process server has just knocked i think) asked for me hubby said she is out and he said when will she be in - did not leave anything?

[krysus]

Update...

 

I filed my Set-Aside and have now received a letter off Arrow

a) providing documents which I have requested previously but never received :

1] copy of a Final Demand, but not the original (from the original debtor)

2] copy of Deed of Assignment

 

b) Suggesting that I withdraw my application to have demand set-aside, as I will have to bear their attendance costs should the judge rule in their favour.

 

They still maintain they've sent me an 'agreement', but it's just an application form which doesn't contain all of the prescribed terms, namely a credit limit.

 

Should I reply to Arrow recommending they withdraw their statutory demand, or just wait until I see them in court?

[lilly white]

we will see them in court have they sent you a witness statement.

[krysus]

. .

[krysus]

Actually, isn't it a copy of the original default notice they need to provide?

 

And no, no witness statement.

[krysus]

Ok, I've been checking all my paperwork and want to clarify some things...

 

1. I have the copy of the 'agreement' they sent. It does state "Credit Agreement regulated by Consumer Credit Act 1974", but is an application form. It doesn't contain a printed credit limit, but has a hand-written one (from when the processed my application). As I understand, the credit limit is a prescribed term, and its omission invalidates the agreement?

 

2. The Application Form T&C's contain the APRs for example credit limits. Only on the Account Opening T&C's I received with the card does it state the actual APR.

 

3. They must provide a copy of the original default notice. They haven't, it's a copy of Arrows' Formal Demand, not the original creditors default notice.

 

4. The amount being demanded contains unlawful charges (£25 late fees), hence the statutory demand is invalid.

 

5. Assuming it's set-aside, can I then apply to have any entries on my credit file removed to due CCA non-compliance?

 

Thanks

Edited March 21, 2010 by krysus

[thesludge]

i too have had a ltter of em today

[krysus]

I have a question regarding Letters of Assignment.

 

The one I've received is off Arrow stating that Halifax had transferred legal right to them.

 

Now surely the Letter of Assignment should come from, in this case, Halifax, with them stating they've transferred legal right to Arrow?

 

And, further to this thread (http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices.html#post2128371)

Where a DN is invalid then the account terminated, the creditor loses the legal right to the capital sum as they terminated the account without giving the debtor an opportunity to mend the breach that led to the default in the first place. All they can claim is any arrears that arose whilst the agreement was current.

as they can't (haven't) provide a copy of the original Default Notice, then the only amount which can be claimed is any arrears, yes?

[krysus]

***WON***

 

Judge set aside the demand, but primarily on the basis that Statutory Demand shouldn't have been used as the creditor hadn't exhausted all other routes to reclaimed the alledged debt.

 

The solicitor tried using Carey vs HSBC case-law re: the credit agreement, but Arrow still hadn't provided the original default notice...

 

I expect Arrow to now try other avenues, but without a correctly executed CCA and default notice, surely they have no recourse anyway?

[MARTIN3030]

Good work-thread title edited:D

[mandyjayne]

krysus...well done..im always a fan of anyone who can kick Arrows butt! I hate them:p

 

Nice work

 

MJ:)

[citizenB]

Excellent news:D