Arrow claimform - old Lost/disputed Vanquis Card Debt

[bnradford lad]

I have received a Claim form from Northampton court for an alledged debt which has been disputed due to stolen / lost credit card for appx £ 500 plus costs.

I have acknowledges service and said i will defend

Any help would be appreciated, it is the usual case of lots of telephone calls some time ago..we want your money..I dont owe it.. yes you do,, no help at all.

When i defend if i lose am i liable for costs, and if so how much is it likely to be

I have never had an assignment and i dont remember a default notice..what is the position on stolen cards and yes it was reported to the police along with other cards...only a problem with vanquis

[AndyOrch]

Of that balance what would the stolen / lost amount equate to?

 

Regards

 

Andy

[bnradford lad]

it is my wifes about 250 cash the rest is all charges and late fees etc she paid them what she said she owed them but they refute her figures

[AndyOrch]

Ok if you could provide details of their Claim verbatim ...the time frame is as follows:-

 

You have 33 days in total subject to how you intend to plea.(5 deemed served so 28) 14 to Acknowledge service and if defending a further 14 days to submit your defence.

 

Are you in possession of all the relevant paperwork connected to this claim?

 

Regards

 

Andy

[bnradford lad]

claim issued 1 march

defence sent on line 17 march.

I have no paperwork other than the county court claim

[AndyOrch]

So you have already submitted your defence ?

[bnradford lad]

defence

credit card was stolen trying to sort out to no avail i need copies of AGREEMENT AND STATEMENTS WITH ANY LETTERS IN ORDER RO ME TO COMPLETE DEFENCE I WILL ASK CLAIMANT FOR THESE

[AndyOrch]

And you have a crime number from the Police?

[bnradford lad]

Yes

[AndyOrch]

Excellent ...well your defence submitted is lacking CPR compliance and they may try to make application to strike out without merit.You may need to amend your defence or if accepted you will particularise further within your WS.

You will recieve conformation shortly that your defence was submitted to the claimant awaiting a response so lets rest until that happens.

 

In the meantime you need to gather information...CPR31.14 (if anything referred to in the PoC hence I asked you to type out verbatim) CPR 18 if not referred to and a section 78 request for a copy of the agreement.

 

Regards

 

Andy

[bnradford lad]

ok Thanks I will keep in touch

[bnradford lad]

Received this morning from court

"I acknowledgs receipt of your defence. A copy is being served on the claimant (or the claimants solicitor).The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. the court will then inform you of what will happen.

Where he wishes to proceed, the cliamant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay"

 

I wait with interest your comments

[AndyOrch]

Standard automated response.At least they have accepted your defence at Northampton.

 

Andy

[bnradford lad]

Thanks

Do I need to send letters for CPR 31.14 or CPR 18 section 78 now ?

[AndyOrch]

Well the norm is pre defence but yes you can...CPR 31.14 for any document mentioned in their particulars and CPR 18 for anything not .....that needs further explanation (not Documents)

[bnradford lad]

thanks will do

[bnradford lad]

Letter received today

"We are the claimant in this matter

we refer to the above and your defence dated 17th march the contents of which are noted

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

We note your defence is based on the grounds of fraud.

Arrow Global takes all disputes seriously and (UNless satisfied that you are able to do so) requires thatdetails are provided on the attached fraud form.This allows internal investigation proceesures to commence with a view to resolving any dispute.I that regards we would be obliged if you cound use the form on the reverse of this letter to provide full details of the alleged fraud along with a crime reference number.

we can confirm thet the claim is in relation to a Vanquis Credit Card htaken our 1 5 2008. Persuant to the account information provided by the originating creditor on assignment, the last payment credited to the account was for £30 on 3/8/2010 copy documentation has been requested and will be forwardedto you on receipt.

Arrow Global Guernsey Limited acquired the account on 20th February 10212 and notice of assignment was ent to you on or about 13th March 2012 pursuant to the law of property act 1925

 

FORM N434 attached

my solicitor Shoosmiths, the Lakes Northampton haseased to act for me and i shall now be acting in person

 

B) have been nstructed to act on behalf of the "XXXXXXXXXX" all crossed out

 

C) we have served notice of this change on every party to the claim XXXXXXXXXX

 

Address to shich documents about this claim shouls be sent

Arrow Global Manchester

 

signed ???? Claimant XXXXXX position held Litigation executive

 

dated 15/4 2013 the court office 4th Floor st katherines house Northampton is open between 10am and 4 pm Monday to Friday etc

 

then an attaced Arrow Global Fraud claim form

[AndyOrch]

So simply complete their form and state the Police Crime Reference number....as for the change in Solicitors thats the norm for Arrow as soon as anyone submits a defence.

[bnradford lad]

Thank you I will keep you informed

[bnradford lad]

Receive notice of a defence filed from Northampton Court.

Allocation questionaire to complete by 13th May

However I still do not have the documents I requested, and Arrow Global promised, see letter above ?

what is the best action I really need the last few statements in order to properly defend,

[AndyOrch]

Standard response BL and the AQ signifies that the claimant is proceeding.

 

Andy

[bnradford lad]

how can i get copies of the required statments ?

[AndyOrch]

If CPR fails and you have not already requested a DSAR from the OC you can again request at AQ or Standard Disclosure.

[bnradford lad]

This is due in court 20th September...i have to produce documents 14 days before the hearing...i received 2 days ago a digital signed copy of the agreement terms and conditions NPTA09 (is this year 09) a the card was taken out in 2008 ?

I received just this morning a letter and Transaction log...not the statements i asked for....

I have since fould the crime ref no after hours of searching as vanquis/ representatives had not provided me with it althoug i have correspondance in relationto thi and it was also given to the on the day the poss was reported... i receievd a letter 6th july 2010 asking for a form to be filled in regarding fraud...this was returned 13th July complete with the crime ref no.

 

the letter received today " in relation to a fraud,customer complained in 2010 in relation to fraud.Cutomer advised they were disputing a particular transactionbut customer was found liable for this transaction in October 2010 aa the customer had advised vanquis that they had had their PIn to thier vanquis card writtn down and had this in her bag....(RUBBISH)...As erp T&C's customer should not make her Pin number known to any third parties, a liability letter was issued to the customer (REALLY)..to adviuse of this.Wehave had numerous conversations with the customer in relation to charges on the account (Customer refused to pay they deespite being late with minimum payments etc." LOAD OF TOSH

 

We not believe (YES SPELT THIS WAY) that you have a legitimate defence to the claim.

 

I must deliver by hand now this information to the court, as I have no time to respond to Arrow Global by tomorrow due to them hoi;ding important papers up till the very last minuite

 

What should i tell the court and arrow global i intend to fight this all the way

[AndyOrch]

Is this in preparation for your trial bundle Bnradford ?Have you already done Standard Disclosure (N265) ?

 

Regards

 

Andy