Arrow/Restons claimform - old Associates Capital Corp Now citi finance Car loan 'debt' - well statute barred!!

[footballsummer]

Hi, last week

I received an N1 claim form from Arrow Global for a debt with Citi Financial.

I have not taken out any credit apart from a car HP since my youngest was born 8 years ago.

 

I vaguely remember getting a loan with my husband but that was around 9 years ago

and it was not for the amount they have stated, or the date that they have out as 2006.

 

I am not sure how to deal with the defence of it.

 

I have completed the acknowledgment of service online and now have to file a defence for myself.

I believe that this is statute barred due to the fact I have not heard anything with regards to this loan in years until this court letter arrived.

 

It has my husband on the form at an address where we haven't lived for the past 6 years,

and they have added a default to my credit file last week too.

 

I check my file every month to try and get my credit back up to a degree of respectability and up until last week there was nothing showing with regards to this debt,

when I updated it this suddenly showed up.

 

Can anyone give me some advice on what I should put in my defence as I really don't have a clue how to word it properly.

[BRIGADIER2JCS]

Hi, acknowledge service of the claim and state you will be defending in full.

Now get credit reference files asap Experian and Equifax have free 30 day trials

 

 

 

Statute barred is a full defence to this.

 

Defence therefore is based completely on the fact that the account is SB,.

Is there no indicator as to the original creditor?

This new default makes me very suspicious!

 

Citi took over accounts from The Associates Capital Corporation which are surfacing quite regularly could this be the car loan?

[footballsummer]

Hi Brigadier, thanks for your response with this.

 

The associates name rings a bell with regards to a car loan, but that was even further back than the cash loan I originally thought it might have been....that was about 10 years ago or more and it most certainly wasn't that amount.

 

My past 3 cars have been with BCT and paid in full.

 

Ok I have acknowledged the service of claim and stated I intend to defend it, and today have also sent off via recorded delivery a CPR request, is this the correct thing to do?? Nothing was signed it was all printed. However I only have 14 days to complete my defence don't I ? This is what I am worried about, do I have to write it in my own words or do I have to put it all in with correct terms etc?

[BRIGADIER2JCS]

Hi, I have been dealing with some Associates accounts over 15 years old so yours is ''new''.

 

If you are sure that this has not had any payments or written acknowledgment in six clear years I can draft a letter for you this evening that should get rid of them for good.

[footballsummer]

yes I am absolutely positive that I have not acknowledged anything from these for at least 6 years, your help will be most appreciated....thankyou

[BRIGADIER2JCS]

Ok,

 

We'll try to stop this in its tracks before it gets to court I think!

 

So your defence is quite simple that the account is statute barred under the Limitations Act 1980 as no payment or unequivocal written acknowledgment of liability has been made in 6 clear years therefore the claim has no merit.

 

I suggest getting that defence in asap meanwhile send this to Arrow Global addressed to the Director of Legal & Compliance.

 

Ref: CC Claim No. xxxxxxxxxxxxx

Dated xx xx xxxx

 

Sir/Madam,

 

I have received Arrow Global 's County Court Claim No. xxxxxxxxxx dated xx xx xxxx and have acknowledge service and my Intention to totally defend this claim.

 

I now state the following in the aim of saving costs and court time: This alleged debt is statute barred under the Limitations Act 1980 as no payment or unequivocal written acknowledgment has been made in 6 clear years nor have I received any communication regarding any such alleged in the same time period, therefore I will NOT make any payment in regard to the alleged debt.

 

I would remind Arrow Global that I do not acknowledge any debt to it, and that the onus of providing unequivocal proof that this alleged debt is not statute barred fall entirely upon Arrow Global.

 

I submit that Arrow Global should now withdraw its claim immediately.

 

Recorded Delivery check when they receive it.

[footballsummer]

Thankyou so much, my mind is put a bit more at ease.

[BRIGADIER2JCS]

Happy to help!

[footballsummer]

All had been quiet for a while with these until now,

 

I sent the letter that you suggested sending and I got a response back saying that they will send out any information without a signed letter from me.

 

I had ignored this for now as I know that I should not sign anything.

 

I have however filed my defence for the debt being S/B with the court only to receive a letter from restons yesterday stating that apparently according to them a payment was made on 13th July 2011 for £16.47!!

 

This is complete rubbish, I know absolutely nothing of this, and I have trawled through my bank statements and nothing shows.

 

The letter then says

 

" In view of the above we do not believe you have a valid defence to these proceedings and invite you to withdraw your defence in order to avoid further legal action"

 

Is this a scare tactic from them??

 

I am not sure where to go with this now

[BRIGADIER2JCS]

That seems a very odd amount, so reject their claim asap and require them to provide unequivocal proof of that payment.

How was the payment made, cheque, postal order, bank transfer, cash.

What bank was any cheque drawn on, the sort code and address, the account number, and the name of the drawer.

The name of the issuing office for a PO and the number and the date it was cashed.

 

If a credit/debit card was used the 16 digit card number, the 3 digit security code, the type of care Visa/debit/credit and the name of the issuing bank.

 

If Cash was paid then the bank or PO that is was paid into.

 

The name of the person making any payment with proof of the payment.

 

£16.47 sounds like a charge back of some kind which would not restart the clock.

[footballsummer]

Thanks Brig, So I just need to send a letter stating what you have said in your message, is that correct?

[BRIGADIER2JCS]

Yes correct, send by recorded delivery address it to the Data Controller.

[footballsummer]

Thanks again, your helpful advice is much appreciated )

[BRIGADIER2JCS]

If you need any further help, please come back here!