Arrow / FV-1 inc / Court Claim *Case Discontinued**

[MorrisDog]

Hi All,

 

I have an ongoing claim from the start of last month regarding an alleged debt to FV-1 inc which could be related to a very old HSBC credit card (Default on credit file 07/2005) for approx £2500

 

The Particulars of claim are:

 

The Claimants claim is for the sum of £***** being monies due from the Defendant to the Claimant under a regulated aggreement between the Defendant and FV-1 inc

 

(No*****************) and assigned to the Claimant on the ********, notice of which has been provided to the Defendant.

 

The Defendant has failed to make payment in accordance with the terms of the agreement and a Default Notice has been served pursuant to the consumer credit act 1974

 

And the Claimant claims the sum of £*****

 

I have sent the solicitors a CPR31.14 to which I have had no response, But they did agree to a time extention of 28 Days taking the defence date to early august.

 

I have also sent a Section 18 request to Arrow which I have heard nothing from either.

 

Just looking for a little advice on what to do next?

 

Many Thanks,

 

Morris

[AndyOrch]

So just issued in time before it was Statute Barred:roll: Have you done a CCA request Morris, worth a £1.00 and causes endless

torment for the claimant.Head it " I do not acknowledge any debt with your company". send recorded del and print name.

 

Regards

 

Andy

[MorrisDog]

I have not yet sent a CCA request Andy, Should this be sent to Arrow or there Solicitors? Will get this printed and posted this afternoon.

 

Regards,

 

Morris

[AndyOrch]

Send it to the Sols named on the summons.You could also check your dates very carefully as this debt is very close to SB.

Check the last payment date and the summons date ( presuming you have not acknowledged or payed anything in this period) 6 years?

 

Andy

[42man]

Have you ever had any kind of agreement with FV-1 ? I notice it says - 'under a regulated agreement between the Defendant and FV-1 inc' Aren't FV-1 a debt collection agency ? If so then you have probably never signed ANY kind of agreement between yourself and them !!!

'

[MorrisDog]

Andy, I shall send this now, Who do I make the postal order payable to? Also, not sure how I can find last payment date as have not got any paperwork regarding the alleged dabt.. But I know for sure there has not been any payments made since the dafault date shown on credit file.

 

42man, I was also thinking that I have never entered into any agreement with FV-1 inc, Could this be grounds for a strike out?

 

Many Thanks,

 

Morris

[AndyOrch]

Have you ever had any kind of agreement with FV-1 ? I notice it says - 'under a regulated agreement between the Defendant and FV-1 inc' Aren't FV-1 a debt collection agency ? If so then you have probably never signed ANY kind of agreement between yourself and them !!!

'

 

Part of the HSBC group Bill, tied in with Metro not sure if in house.

 

Regards

 

Andy

[AndyOrch]

Andy, I shall send this now, Who do I make the postal order payable to? Leave blank Also, not sure how I can find last payment date as have not got any paperwork regarding the alleged dabt..Your Bank Statements? But I know for sure there has not been any payments made since the dafault date shown on credit file.

 

42man, I was also thinking that I have never entered into any agreement with FV-1 inc, Could this be grounds for a strike out? Thats why you need to CCA

Many Thanks,

 

Morris

 

Andy

[42man]

Thank you Andy....you learn something new every day !!! ....ignore my advice then !!

[MorrisDog]

Update:

 

Hi All,

 

I received a letter from claimants solicitors on friday stating they akknowledged my CCA request and that they had passed the request onto their clients,

and they would send the documents to me in due course..

 

Lets see if these appear through my letterbox within the time limit!

 

Morris

[AndyOrch]

You found it then Morris:-)

 

Andy

[MorrisDog]

Yes I found it in the end

 

My latest posts on profile page have vanished so thought post had to oops!

 

Not sure what the chances are of receiving CCA docs as they still hav'nt replied with regards to my CPR31.14 request

[MorrisDog]

Hi All,

 

I sent my CCA request on the 5th July received by solicitors on the 6th and not heard anything back. Does the time limit of 12+2 days include weekends?

 

Many Thanks,

 

Morris

[AndyOrch]

12 working days plus delivery.

[MorrisDog]

Thanks Andy

[MorrisDog]

Update:

 

The deadline has now passed for CCA Request and still no response on this. Could anyone advise on the next steps to take?

 

Many Thanks,

 

Morris

[Jasper1965]

I think you should take firm steps to establish exactly where you stand in respect of this being statute barred as the default date registered with the CRA's often bears little resemblance to the true default date.

it's also important to understand that the default requires TWO payments to have been missed before a default notice can be served then a further 7 or 14 days must elapse before the account can lawfully be deaulted. The default date of XX/07/2005 is very likely to be at least six weeks after the cause of action arose ie you stopped paying, and often they keep a/c's "open" to give them as long as possible or collection.

 

make a part 18 request asking them to provide the following:

date of last acknowledgment in writing or by part payment towards the account.

Date(s) of any/all missed monthly payments.

Total amount of charges applied to the account.

Total amount of interest applied to these charges (if any).

Date of issue of default notice.

Date specified for remedy within that default notice.

Whether an agreement exists/ever existed for this account.

Whether the t&c's of this account were ever altered and if so how and when.

 

give them seven days to provide this information.

[MorrisDog]

Hi Jasper,

 

Thank you for your reply.

 

I did send a section 18 request to arrow with no response. The defence needs to be submitted by the 06th August.

 

Many Thanks,

 

Morris

[AndyOrch]

What date did you send the CPR 18 Morris and can you post a copy up.

 

Regards

 

Andy

[MorrisDog]

Hi Andy,

 

I sent the part 18 on the 05th July by recorded delivery to arrow.

 

Using the template from the templates section, I could post a copy up when I get home though? They didn't send an aknowledgment letter. Should I have also copied to sols?

 

Many Thanks,

 

Morris

[AndyOrch]

I wasn't aware we had a template for the 18 if you could post it up let me see the wording. All CPR 18 requests must be drafted uniquely.

 

Andy

[MorrisDog]

Andy, I may have found it on search engine. I hope I havnt messed up by sending this, will get this posted for you in the next couple of hours to see if it was correct..

 

Many Thanks,

 

Morris

[MorrisDog]

Hi Andy,

 

Below is a copy of what was sent to arrow.

 

CLAIM NUMBER:

 

 

 

In the NORTHAMPTON (CCBC) county court

Between:

 

 

ARROW GLOBAL LIMITED

 

 

-And-

 

 

 

 

 

_______________________

 

 

REQUEST FOR INFORMATION AND

CLARIFICATION UNDER CPR part 18.1 & Pre Action Conduct

____________________________

 

 

DATE OF SERVICE:

 

To enable me to file a fully particularised defence and counter-claim, I require specific information regarding the accounts cited in the Claimant's Particulars of Claim to be provided forthwith. The information must be furnished by the 30/06/2011, which gives you seven working days to provide what has been requested. If you fail to comply, this will be reported to the Court, and an order enforcing your compliance will be applied for forthwith.

 

1. In respect of my alleged indebtedness to the Claimant please provide:

 

a) True copies of the original signed agreements between myself and FV-1 Inc, as referred to in paragraph 1 ) of the particulars of claim.

 

b) All documents relating to any insurance added to the accounts, including the insurance contract and terms and conditions.

 

c) A true copy of any Default Notice/s issued in respect of these accounts, as referred to paragraph 2) of the particulars of claim.

 

2. I believe my alleged indebtedness to the Claimant to be comprised by Unfair Charges which amount to contractual penalties contrary to common law and statute. Therefore, in order that I may prepare and file a fully particularised counterclaim to the Claimant's action, please provide:

 

a) Full terms and conditions and charges tariffs relating to each account, from the date when the accounts were opened and including any revisions or amendments to the present day.

 

b) A full and comprehensive statement history for the account, providing each and every statement sheet from the time the accounts were opened until the present day.

 

c) Specific details of all fees/charges levied by FV-1 Inc in respect of these accounts and a detailed Breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

d) Where there has been any event in my accounts' history which has required manual intervention by any member of FV-1 Inc, or any other 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 accounts held with FV-1 Inc. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I look forward to your response in this matter/ failure to respond will be notified to the Court and a application made to disclose.

 

 

Yours Sincerely

 

 

 

Regards,

 

Morris

[AndyOrch]

Fortunately thats one of mine unfortunately you have put the wrong date on it 30/06/11 ?

[MorrisDog]

Sorry Andy forgot to say I sent the request on the 18/06 and gave them 7 days + 2

 

Hope this helps,

 

Morris