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Arrow/Cater claimform - RBS credit card


Prudence
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Hi, I would be grateful if anyone could give me some advice please. A friend of ours has received claim forms from Arrow Global Finance. This he believes refers to a RBS credit card. Last time payment made was in May 2006. How should he proceed?

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Shall he just acknowledge receipt of the claim at this stage?

 

Court claims are supposed to follow a set of rules called the civil procedure rules. Prior to bringing a claim they are supposed to correspond and by the least announce that it is their intention to start a claim - this is known as a letter befor claim, or a letter before action.

 

Have they not had one of these?

 

Do they admit liability for the debt?

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We acknowledged the claim forms as they had to be done yesterday (my friend asked for help at the last minute!)and ticked 'yes' for do you contest the jurisdiction. Can you advise if he should either send the CCA request letter to both Arrow and Carter, or a DSAR to RBS? I'm confused as to which letter to send out to them!

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Could someone please point me in the right direction as to what to do next. Only a week to go for some sort of defence. Which letters should I send out to Carters and Arrow (and also RBS??) - CCA letter or DSAR, many thanks

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  • 2 weeks later...

Hi All, I was helping a friend who had received a Claim Form (Northampton), I helped him acknowledge service but other major issues came up in my life and I have only just realised that the deadline for defence passed at midnight (ie 13 March) - Claim was dated 9 February. Is there anything at all we can do, or has my friend had it now?

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Thank you very much Ganymede, we acknowledged online so I assume I can send it online. I do not have a Defence prepared, can anyone offer any help please or point me in the right direction?

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Hi Prudence

 

It would be totally impossible to advise a defence on the matters you have stated without knowing the P.o.C the claim, the history,rather like asking me to state

the lottery winning numbers tonight.:|

 

Regards

 

Andy

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I know Andy, thankyou. You have helped me a lot in the past. I just was enquiring to see if anyone was about who could help if I give the details. (The claim is for just under £5000 plus charges taking it to about 5100. It was for a RBS credit card. Last payment believed to be made about May 2006.) Came from Carter/Arrow.

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Was there a dispute with the debt or any miss sold PPI/ unfair charges, procedure incorrect before litigation commenced? Default Notice issued Notice of Assignment received?

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PoC: The claimant's claim is for the balance due under an agreement which is now all due and payable.

The defendant agreed to pay monthly instalments nder account no. xxxxx but has failed to do so

 

And the claimants claims the sum of £4xxx.xx

 

The claimant also claims interest thereon pursuant to s.69 County Court Act 1984 limited to one year to the date hereof at the rate of 8% per annm amounting to 0.00

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Usual vague statement of case, no documents referred to.Is the Claimant the OC?

 

Andy

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Who as issued the Claim Prudence BC or RBS?

 

Andy

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Well the P.o.C is incorrect they don't state the debt as been assigned so enter this and request they re plead under CPR 16.

 

The Defendant takes issue with the Claimants pleadings. The Claim is a Bulk Centre claim, however, the rules on pleading apply even to the Bulk Centre and furthermore the Bulk Centre rules and guidelines state that if you cannot properly particularise the claim in 1024 characters then you should not use the Bulk Centre to issue the claim. The Claimants pleadings amount to circa 258 characters, leaving at least 700 characters available for the Claimant to plead adequately.The Claimant should re plead their case pursuant to CPR 16.The Defendant is embarrassed by the Claim, which faces him.

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