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    • Which would require a hearing....so the fee would be £255.00
    • When providing a copy of an executed agreement in response to a request under section 78(1) of the Act:   a.     must a creditor provide a photocopy (or other form of complete copy) of the original agreement that was signed by the debtor or at least provide a copy which is derived directly from the original agreement or complete copy thereof? or b.     can a creditor provide a document which is a reconstitution of the original agreement which may be from sources other than the actual signed agreement itself?   It was held that a creditor can satisfy its duty under section 78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself.   The judge accepted that as a matter of law, section 78 does not itself require any particular explanation as to how the copy was made. However, as a matter of good practice and so as not to mislead the debtor, it is desirable that the creditor should explain that it is providing a reconstituted as opposed to a physical copy of the executed agreement. This will also explain why the copy might otherwise look a little odd. The creditor can also explain in the letter that this procedure is satisfactory under the Act. The judge also provided that the following information needs to be included in the reconstituted copy agreement (assuming of course that it was present in the original):   1.     Heading: Credit Agreement regulated by the Consumer Credit Act 1974 2.     Name and address of the debtor 3.     Name and address of the creditor 4.     Cancellation clause applicable to the executed agreement.   All of the above may be provided on a sheet which is separate from the full statement of terms and conditions which also forms part of the reconstituted agreement. The creditor may, however, decide to reconstitute the agreement in a different way so that, for example, the information above is populated electronically onto the same sheet as that which sets out the terms and conditions, or some of them. The judge stated that he did not intend to prescribe the precise form of the reconstituted agreement. The key point is what information it should contain, subject to the point that its format should not be such as to mislead the debtor as to what he agreed to.   The judge also considered whether a statement like the one appearing in the reconstructed application form in Carey referring to the agreement to the terms and conditions "attached" needs to be included in the reconstituted copy. Alternatively if the application form had said "I agree to the terms overleaf", should that statement be included. The judge held that this aspect of the form is not necessary for the purpose of the section 78 copy, although there is nothing to stop a bank from putting it in or indeed from furnishing a copy of the type of application form or signature page that the debtor would have signed, as some banks have done. The statement referring to terms and conditions is not itself prescribed information and the supply of the terms and conditions which were applicable at the time will tell the debtor what he needs to know in terms of the content of what he signed up to, including the presence (or otherwise) of the prescribed terms.   In practical terms what this is likely to mean is that if the creditor chooses to use as the section 78 copy the section 63 copy, which would have been provided to that particular debtor at the time following execution of the agreement, this will be sufficient provided that the information referred to above is supplied. This exercise is not a mere formality. The creditor will need to check carefully that the details of the debtor at the time are correct and that those are the particular terms (including prescribed terms) that he/she agreed to. This is to ensure that it is an honest and accurate copy.   Must a creditor provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 (Regulations) as to form, as at the date the agreement was made in order to comply with section 78?   A creditor need not, in complying with section 78, provide a document which would comply (if signed) with the requirements of the Regulations as to form, as at the date the agreement was made.   Must the copy provided under section 78 include the debtor's name and address as at the date when the agreement was made, and if so in what form? The section 78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself.     If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of section 78(1), or must the creditor provide a copy of the original agreement as well?   If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms.     As your agreement is post April 2007  Section 61(1)(a) and 127(3)   Consumer Credit Act 1974 would not apply.   Andy
    • well start a new thread for the court claim.   as for this one i'd await the letter of claim  
    • Useful information...   And....   https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55
    • nice and ofcourse totally unlawful.   £349.50 is the usual sum RLP try and fleece out of people under some silly civil threats none of goes to the store it all goes in RLP's pocket for their next staff holiday paid for by mugs that fall for their twaddle ignore!!
  • Our picks

J2K

Urgent help required RE: Arrow Global / Bryan Carter Solicitors / NCCBC Court Claim

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Hi All,

 

I'm new to the forum and I have an urgent request for help.

 

I have read through numerous threads and see lots of similarities between my case and others on the forum so I decided to follow the advice given to others. Now I need some help. I have just received the following letter today from Bryan Carter Solicitors LLP, following the submission online of my defence. I do not believe that this debt belongs to me.

 

I will start with the most recent correspondence and then give a chronological account from the start. Please bear with me :|

 

I was issued a Claim form on 26/09/2012 by Northampton (CCBC). The claimant is Arrow Global Ltd and the solicitors is Bryan Carter Solicitors LLP.

 

 

Product: Visa

Our Client: Arrow Global Limited

Accout No: **********************

 

Balance: sum includes court fee and solicitor's costs (Before we even get to court?!)

 

Without Prejudice

 

Dear Claimant

 

We have been notified by the court that you have filed a Defence to this claim. In an attempt to settle this matter before hearing and in order to avoid either party incurring further costs, we confirm that our client is prepared to accept payment of the full balance by monthly instalments. Please insert an affordable sum in relation to your financial circumstances in the blank space in the proposed Order and return it to us within 7 days. Provided the amount is reasonable we will sign the Order and send it to the court to be sealed

 

Alternatively, if you would prefer to settle this debt now then please contact us on 0845 ******* for a settlement figure.

 

We Look forward to hearing from you and hope that we can agree to settle this matter without the need for a Court hearing but if we do not hear from you we will apply to Court to strike out your Defence at hearing, if successful, may result in further costs being payable by you.

 

Yours Sincerely

 

 

Bryan Carter Solicitors LLP

 

-------------------------------------------------------------------------------------------------------------------------------------------------------

 

So starting from the beginning...

 

Following a recent car accident and having to take out a hire car on credit I receive a claim via Northampton CCBC

 

Please find the claim details below.

 

Issue Date: 26 SEP 2012

 

 

Particulars of Claim

 

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 UNDER THE ACCOUNT NUMBER ********************* BUT HAS FAILED TO DO SO.

 

AND THE CLAIMANT CLAIMS THE SUM OF £800

 

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 ANNUM AMOUNTING TO 0.00

 

AMOUNT CLAIMED: £800 (Rounded figure)

COURT FEE: £55

SOLICITOR'S COSTS: £70

TOTAL AMOUNT: £925 (Rounded figure)

 

-------------------------------------------------------------------------------------------------------------------------------------------------------

 

On the same day I received the following letter by Bryan Carter Solicitors

 

Our Client: Arrow Global Limited

Account No: *************************

Balance £925 (rounded)

 

Dear **********

 

As you have failed to make repayments on the above account we have now issued litigation proceedings in the County Court. You will receive the claim form in the next 48 hours direct from the Court.

 

You can telephone us in 0845 ******* to discuss this matter

 

If judgement is entered against you and remains unsatisfied it will remain on the Judgement Register for six years and you may have difficulties obtaining further credit.

 

Your Sincerely

 

 

Bryan Carter Solicitors LLP

 

-------------------------------------------------------------------------------------------------------------------------------------------------------

 

Prior to these letters I had no prior contact from BC or AG, there was no indication in the letters or the claim to what the monies supposedly owed were for. So I started to panic..... I didn't contact BC or AG until a friend suggested I check the internet, this is when I stumbled upon CAG, I was so relieved the I wasn't the only one experiencing this.

 

So I read a few threads on CAG, Submitted the Acknowledgment of Service on 07/10/2012 and sent out the following to BC and AG:

 

First Letter to Letter to Arrow Global and Bryan Carter (Sent recorded and to be signed for)

 

CC: All Staff Collections Department

10 Oct 2012

This is NOT a complaint, a query, a request for a statement/agreement and is NOT to be treated as one. By doing so, you will agree to pay £5,000.00 in damages.

Do not refer to me as Mr/Mrs/Ms or any title, which is a legal fiction and is not me. By doing so, you will also agree to pay £5,000.00 in damages.

Re: Account Number: ***************************

Dear Interloper

 

Thank you for your recent contact dated: 26 Sep 2012.

 

I feel this matter is serious and wish to deal with it in writing. I do not give you permission to contact me by telephone. I will be logging the dates and times of your calls and messages and should they continue, I must warn you that they will now constitute ‘harassment' and I may take action under Section 1 of the Protection from Harassment Act 1997. I may also take further action under the Administration of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor's agent to make demands (for money), which are aimed at causing 'alarm, distress or humiliation', because of their frequency or manner.

 

Please provide verification of your claim, including a lawful contract; a hand signed invoice in accordance with Bills of Exchange Act (1882) and proof of agency within ten (10) days from the above date so that I may settle any financial obligation I might lawfully owe. Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer you will be held culpable; you agree to pay all fee schedules; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.

 

Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

Yours sincerely

 

By:

Authorised Agent and Representative for

No assured value, No liability. Errors & Omissions Excepted. All Rights Reserved.

 

WITHOUT RECOURSE – NON-ASSUMPSIT

Calls maybe recorded

 

-------------------------------------------------------------------------------------------------------------------------------------------------------

 

There was no response from Arrow Global.

 

Bryan Carter responded with this:

 

22/10/2012

 

Dear Mr ******

 

RE: CAPITALONE (EUROPE) PLC

ACCOUNT NO: ***************************** (Completely different number to that of original letter dated 26/09/12)

OUTSTANDING BALANCE: £1250.00 (Rounded off)

 

Thank you for your correspondence.

 

We confirm that we act as agents for Arrow Global Limited and are instructed to collect the outstanding balance; as such we are lawful processors of your data.

 

It is our client's policy to provide agreements to it's customers at the point of contract and statements throughout and therefore you have already been provided with validation of the debt. If you require further copied please refer your request to your client direct at:

 

Arrow Global Limited

[ADDRESS]

 

You may be required to pay a fee under statutory rules for the production of the copies.

 

In the event that this matter is litigated by our client disclosure and evidence will be provided in accordance with the directions of the Court.

 

All future communications should be in writing.

 

Yours Sincerely

 

Bryan Carter

 

-------------------------------------------------------------------------------------------------------------------------------------------------------

 

Second letter sent to Arrow Global(Again sent recorded delivery and signed for)

 

Collections Department

Arrow Global Limited

Belvedere

12 Booth Street

Manchester

M2 4AW

24/10/2012

This is NOT a complaint, a query, a request for a statement/agreement and is NOT to be treated as one. By doing so, you will agree to pay £5,000.00 in damages.

Do not refer to me as Mr/Mrs/Ms or any title, which is a legal fiction and is not me. By doing so, you will also agree to pay £5,000.00 in damages.

Re: Account Number: (ORIGINAL ACCOUNT NO. QUOTED ON CORRENSPONDENCE from BC dated 26/09/12)

Bryan Carter Solicitors LLP recently referenced: Capital One (Europe) PLC Account No: ******************* (ACCOUNT NO. QUOTED ON CORRESPONDENCE FROM BC dated

Dear Interloper

I wrote to you on 10/10/2012 requesting verification of your claim including a lawful contract; a signed invoice and proof of agency to validate your claim, so that I may settle any financial obligation I might lawfully owe. Your said failure to provide the requested documentation within ten (10) days from the above date will constitute your agreement to the following terms:

 

1. That you are a third party interloper;

2. That you have no legal standing;

3. That you have no first-hand knowledge of this matter;

4. That your claim is fraudulent;

5. That any damages I suffer, you will be held culpable;

6. That any negative remarks made to a credit reference agency will be removed;

7. You will no longer pursue this matter any further;

8. That you agree to pay all Fee Schedules.

 

Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

Yours sincerely,

 

 

MY NAME

Authorised Agent and Representative for MY NAME

No assured value, No liability. Errors & Omissions Excepted. All Rights Reserved.

 

WITHOUT RECOURSE – NON-ASSUMPSIT

Calls maybe recorded

 

-------------------------------------------------------------------------------------------------------------------------------------------------------

 

Still no response from Arrow Global, on the same day I sent the following to Bryan Carter Solicitors (Recorded Delivery and needing to be signed for).

 

PLEASE CONFIRM THE CLAIM IS BELOW £5000

 

Re: Arrow Global v Mr Yue Man

Ref: ARR/********

Claim No:********

 

CPR 31.14Request

 

On (26/09/2012) I received the Claim Form in this case issued by you out of the Northampton County Court Bulk Centre

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

 

Please treat this letter as my request made under CPR31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 The agreement.

 

You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 The deed of assignment.

 

3 The notice of assignment including proof of service.

 

4 The default notice.

 

5 The termination notice.

 

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

You should ensure compliance with your CPR 31duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours faithfully

 

 

 

MY NAME

 

No assured value, No liability. Errors & Omissions Excepted. All Rights Reserved.

 

WITHOUT RECOURSE – NON-ASSUMPSIT

 

-------------------------------------------------------------------------------------------------------------------------------------------------------

 

I receive this from Bryan Carter:

 

7/11/2012

 

Dear Mr ********

 

ARROW GLOBAL LIMITED V MR ******* *******

ACCOUNT NUMBER: ******************** (ORIGINAL ACCOUNT NO FROM CORRESPONDENCE DATED 26/09/2012)

CLAIM NUMBER: [NUMBER FROM NCCBC CLAIM LETTER]

AMOUNT OUTSTANDING: £925 (rounded)

 

We write to your request for disclosure under Part 31 of the Civil Procedure Rules.

 

We confirm that form was issued by the Northampton County Court Bulk Centre and the Court's protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4(3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this Court

 

WE Confirm that this matter would be most properly be allocated to the Small Claims Track and Part 31 of the Civil Procedure Rules will not apply. We do not accept your comments in relation to Civil Procedure Rules 27(2). We confirm that we have nevertheless requested documentation from our client and hope to revert to you shortly, although this will not be within 7 days.

 

We confirm the Claimant has consented to an extension of time for the filing of any defence to this Claim until 26/11/2012.

 

We are advised that it was the original creditor's policy to provide its customers with agreements at the point of contract and statements throughout the duration of the account. The Notices you seek have left control of the Claimant and we refer you to your own records.

 

We recommend that you seek independent legal advice.

 

Your Sincerely

 

 

 

Bryan Carter

 

-------------------------------------------------------------------------------------------------------------------------------------------------------

 

The following Defence was submitted on 27/11/2012 online.

 

Defence and Counterclaim

Claim number:

Claimant: ARROW GLOBAL LIMITED

Defendant: MR ******

 

How much of the claim do you dispute?

I dispute the full amount claimed as shown on the claim form.

 

Do you dispute this claim because you have already paid it?

No, for other reasons.

 

Defence

1. Paragraph 1 is nether admitted or denied with regards to the

Defendant entering in to an Agreement referred to in the

Particulars of Claim ('the Agreement') the Claimant has yet to

disclose any Agreement. Furthermore any claim for partial monies

is averred Contrary to s35 of the county court Act 1984 s35

Division of causes of action.

 

2. Paragraph 2 is noted with regards to termination of the alleged

contractual Agreement , the Defendant has no knowledge, therefore

the Claimant is placed to strict proof there of.

 

3. Paragraph 1 is denied with regards to the Defendant owing any

monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the

Claimant: and

(b) show how the Defendant has reached the amount claimed for: and

© show how the Claimant has the legal right, either under

statute or equity to issue a claim:

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the

Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt,

it is denied that the Claimant has the right to lay a claim due to

contraventions of Section 136 of the Law of Property Act and

Section 82A of the Consumer Credit Act 1974.

 

6. By reason of the facts and matters set out above, it is denied

that the Claimant is entitled to the relief claimed or any relief.

 

Signed

I am the Defendant - I believe that the facts stated in this form are true

My Name

27/11/2012

 

Defendant's date of birth

 

Address to which notices about this claim can be sent to you

 

-------------------------------------------------------------------------------------------------------------------------------------------------------

 

Didn't hear anything from Bryan Carter until today..... Please see the first letter in this post.

 

 

 

Any help on what to do next would be appreciated.

Edited by J2K

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Hello and Welcome,

 

I've moved this thread to our Legal Issues Forum.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thank you Scott

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Hi J2K and a warm welcome to CAG

 

A very succinct synopsis of events and a nice defence:wink:

 

So what happens next ...you will get a letter from AG stating Lawyer for rent has left the building and this will now be dealt with by their in house experts (I state experts very loosely)

Nothing will happen until AG signify to the Court they wish to proceed.....the matter will be stayed if not.If they do respond you will receive an AQ (Allocation Questionnaire) this places the claim into its track and transfers the claim to your local County Court.

 

In the meantime I would advocate you send a section 77/78 request to AG with inclusion of a £1 PO.This is a legal request for the agreement and if not complied with they will be in default and unable to enforce should the matter proceed.

 

(Letter in Templates Library letter N)

 

Regards

 

Andy

  • Haha 1

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Hi Andy,

 

Thanks for responding so promptly. As it stands, I do not need to respond to Bryan Carter?

 


Do I send the 77/78 request to AG before or after I get the letter from their in-house lawyer?

 

Thank you in advance, your assistance is much appreciated.

 

 

J

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No need to respond to BC, he has stated that an agreed period of extension is fine.Attach a copy of that to your letter to Northampton informing them that this as been agreed pursuant to CPR15.5

 

Send the Section 78 ASAP because they have 12 days plus service to respond..if they fail to comply they will be in default and will struggle to enforce.

 

Regards

 

Andy


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Hi Andy,

 

Thanks, I'll send the Section 78 letter out this weekend.

 

Regarding the extension agreed by BC, they extended til the 26/11/2012, this has now passed, how does this affect things?

 

Kind Regards

 

 

 

J

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Having submitted your defence anyway disregard that.

 

Andy


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Hi Andy,

 

I wanted to update you on the situation

 

I received a letter from HM Tribunals and Courts dated 28th November 2012 to confirm that they had received my defence and that they would serve it to the Claimant (or Claimant's Solicitor)

 

I received a letter dated 13 December 2012 from Bryan Carter informing me that they are no longer instructed by Arrow Global and will be returning the account back to them.

 

I received the following letter dated 19 December from Arrow Global

 

Dear Mr *******************

 

DEBT OWED TO Arrow Global Limited

ASSIGNED BY ************ (ACCOUNT NUMBER****************)

CLAIM NUMBER *************

 

We are the claimant in this matter.

 

We refer to the above and your defence dated 27 November 2012, the contents of which are noted.

 

We enclose notice of change of Solicitor by way of service on you, as the claim is now being dealt with by our specialist in-house litigation team. Please therefore ensure that all future correspondence is sent directly to us at the address below quoting reference number

 

We note that your defence is based on grounds that you dispute entering into an agreement, you have no knowledge of the termination of the contract and your believe that Arrow Global do not have the right to the claim as the assignee of the debt.

 

To confirm, this claim is in relation to a ***************** credit card taken out on ******* 2003. Pursuant to the account information provided by the originating creditor the account was defaulted on or about the ********* 2003

 

Arrow Global Limited acquired the account on ************ 2009 and notice of assignement was sent to you on or about ********** 2009 pursuant to the Law of Property act 1925.

 

We hope that this information helps you to identify the account and look forward to recieving notice that your defence has been with drawn. Should you wish to discuss the matter further, or believe that your still have an outstanding query, please contact us at you earliest opportunity in a bid to resolve this matter amicably and save recourse to further legal action and costs.

 

Yours Sincerely

 

 

Arrow Global

 

 

I sent a Section 78 letter following your advice an still have not had a response, it is well passed the 12 day time limit.

 

I then receive a notice of transfer of proceedings from Northampton (CCBC)

saying that the claim has now been transferred to my local county court as the CCBC Sol is No Longer Acting

 

 

What do I do now? I have no money saved up, I'm due out of the country in a couple of weeks to deal with some family issues and worry that things will progress in my absence. really need some advice now.

 

I vaguely remember having an account similar to what Arrow Global describe, however I was never served notified that the account had changed hands. Also, I believe that because it is now approaching 6 years and the account they mention is soon to be statute barred is why they are so aggressive in pursuing the matter.

 

Thank you in advance.

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Hi Andy,

 

So, what happens next? if the case has been handed to my local CC, does this mean that it's progressing?

 

Kind Regards

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Hi J2K

 

Due to recent changes in the CPR/process and Salford... AQs can now be dispatched automatically in specific cases. (except Moneyclaims)

 

Part 26 Case Management – Preliminary Stage

Amendments were made to the transfer provisions to allow the automatic transfer of cases from the County Court Money Claims Centre to a county court in specific circumstances.

Part 26 Case Management – Preliminary Stage

Amendments were made to provide that the court will no longer automatically dispatch an allocation questionnaire to parties following filing of a defence, unless a party is unrepresented.

 

Therefore it now follows that not all claimants may have responded to a defence for the AQs to be released and claim transferred. Only if the AQS are completed by both parties will the claim proceed ( if its not completed by the Claimant then it will carry sanctions see above)

 

Have you received your AQ and if so what date must it be submitted by?

 

Regards

 

Andy


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Hi Andy,

 

I have not received an AQ yet, do I hang fire until one arrives?

 

Kiind Regards

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Yes they state its been transferred so its waiting for your Local CC to issue the AQ


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Hello,

 

It appears that Global Arrow have provided you with a complete defence by confirming that the debt is over 6 years and therefore statute barred.

 

To confirm, this claim is in relation to a ***************** credit card taken out on ******* 2003. Pursuant to the account information provided by the originating creditor the account was defaulted on or about the ********* 2003

 

Arrow Global Limited acquired the account on ************ 2009 and notice of assignement was sent to you on or about ********** 2009 pursuant to the Law of Property act 1925.

 

I would write and point this out to them with a CRP request for the last claimed payment date.

 

Martin g

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Hi Martin,

 

Apologies for the late response, I didn't get a notification of your post :/ Thanks for pointing this out to me, I'll contact Arrow Global ASAP. What is a CRP request an where might I find one?

 

Hi Andy,

 

I have now received an AQ today, The issue that I have is that I will be out of the country until the day after the date the AQ needs to be returned to my local county court 04/02/2013. How should I proceed? Also I've still not had a response to my S78 letter :/

 

If you could respond at your earliest convenience it would be greatly appreciated.

 

Kind Regards

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Hi All,

 

Apologies for the delay in posting, a lot has been going on in my life since the last post.

 

So since my last post it seems things have spiraled out of control a bit. Here is what has happened

 

I filled out an allocation questionnaire and sent it to my local county court prior to my trip out of the country via Recorded Delivery.

 

Upon my return I find the following correspondence from Arrow Global

 

22/01/2013

 

Dear XXXX

 

DEBT OWED TO Arrow Global Limited

Assigned by LTSB ( Account Number XXXXXXXXXXXXXXXXXXXXXXXXXXXXX)

 

WE write further to the above and are disappointed to note you have not responded to our letter dated XX December 2012.

 

Accordingly we now enclose a copy of the allocation questionnaire filed in this matter by way of service on you. We also enclose a copy of your signed credit agreement and terms and conditions relating to the account that have been supplied by Lloyds TSB.

 

We urge you to contact us directly in a bid to resolve the issues and save further recourse to court proceedings and the unnecessary occurrence of further time an costs by all parties.

 

Telephone the number below to make arrangements to pay your debt.

 

Yours Sincerely

 

 

Arrow Global

 

(Included was a copy of a Credit Agreement dated November 2003)

 

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

24/01/2013 Letter received from Arrow Global

 

Dear XXXXXX

 

DEBT OWED To Arrow Global Limited

ASSIGNED BY LTSB (XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX)

 

We refer to the above and your letter dated 05/01/2013.

 

We Acknowledge receipt of your request under section 77/78 of the Consumer Credit Act 1974 and can confirm that we are not the creditor as recognised by this statute, we return your fee in the sum of £1.00.

 

We can also confirm that a copy of your credit agreement and terms and condition were supplied under cover of our letter dated the 22nd January 2013.

 

We have requested a copy of the statement of account and will forward a copy to you upon receipt.

 

Upon review of the documentation that has been received, we ask that you review your position in relation to the defence filed and consider withdrawing the same and providing your reasonable payment intentions by return before further time and costs are incurred by all parties.

 

Yours Sincerely

 

 

Arrow Global

 

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

 

I also received a statement of accounts from Lloyds TSB covering the time period of when the account was opened, up until March 2007. (Posted to an old address)

 

My last payment into the account was made in November 2006. The account was closed in March 2007.

 

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

I then received a General Form of Judgement or Order on 12 Feb 2013.

 

It is ordered that the defendant files an allocation questionnaire with the court Office within 7 days of service of this order, the claimant shall have permission to enter judgement, the defence an any counter claim shall be struck out, and the defendant shall be debarred from giving evidence about any claim charges.

 

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

I proceeded to contact the local County Court to explain that I had sent my AQ and they confirmed that it had been received, however it had been lost in the office. I asked them to send another.

 

I never received the new AQ

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

30/04/2013 letter received from County Court

 

Judgement for Claimant (in Default)

 

To the Defendant

 

You have not replied to the claim form.

 

It is therefore ordered that you must pay the claimant £XXX.XX for debt ( and interest to date of judgement) and £165.00 for costs.

 

You must pay the claimant the total of £XXX.XX forthwith

 

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

I contacted the county court yesterday by phone to discuss the situation and they recommended that I write a letter to the court explaining the situation and have posted out a new AQ.

 

My questions are:

 

1. How is it best to proceed to get this company off my case?

2. Is the debt statute barred?

3. Should I be asking for a copy of the NoA and default notice?

4. Can I get this judgement set aside?

 

I would appreciate a speedy response.

 

Kind Regards

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You have proof by recorded delivery the AQ was submitted...there is a fee involved to make application to set a side, it really should be waived in this instance IMHO. However you need to file an N244 application now to set a side.Im somewhat confused as to why the court is going to reissue a further AQ as this denotes the claim is proceeding?

 

My questions are:

 

1. How is it best to proceed to get this company off my case? See above but its not a guaranteed conclusion

2. Is the debt statute barred? If no payments or acknowledgement of debt have not been made for a period of 6 years up to the summons being issued

3. Should I be asking for a copy of the NoA and default notice? Really should have requested both the day the summons arrived but not guaranteed to win the case if not disclosed

4. Can I get this judgement set aside? See above but set a side only puts the claim back on track...the merits of your defence will be taken into consideration in deciding that factor

Regards

 

Andy


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Hi Andy,

 

Thanks for the prompt response, I will request a copy of the NoA and default notice from Arrow Global ASAP. I'll also get a N244 form done. Is it possible to amend a previously submitted defence, to include the point of the debt being statute barred, at this stage?

 

Hypothetically speaking, if you were in this situation how would you proceed?

 

Kind Regards

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Is it definitely statute barred? I don't recall you ever mentioning the fact?

 

Andy


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Last payment made into the account by one of my accounts was November 2006. The account appears to have been written off in March 2007. I was then contacted by NCCBC in September 2012, I got the impression that if I had not been contacted or acknowledged the debt within a 6 year period that the debt becomes statute barred.

 

Does that help?

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Slightly... if you had mentioned that fact, you would have submitted a Statute Barred defence and this would have most probably been discontinued by now.


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Hi Andy,

 

I only found out the date of the last payment, and that the debt could potentially be statute barred, after I had submitted a defence. When I submit a N244, would I be able include this?

 

How should I approach the situation now?

 

Kind Regards

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Last payment Nov 2006 + claim issued Sep 2012 = not SB. Unless you live in Scotland.


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