TBI for Arrows on very old HFC debt - claim form received - HELP!!

[deck54321]

I need some advice.

 

I received a county court form for a very old HFC debt.

 

I have been paying on and off for at least 10 years to various collection agencies (£10 / month).

 

I have been pretty lazy in sorting this out but

 

I received last week a county court letter (N1CPC).

The claimant is Arrow Global, the particulars name TBI financial.

 

The original loan was so long ago I cant even remember exactly how much it was for (I think it was 2K).

 

They are claiming I owe £4300.

 

Can somebody advise my best course of action.

Edited June 11, 2013 by caro
Replacing removed text

[ims21]

Thread moved to the Legal forum where the guys will be happy to help as soon as they are available.

[dx100uk]

oh dear TBI

 

farmed it out to arrows eh..

 

well , 90% of the old HFC debts farmed to TBI were un-en before they got them.

that's why they sold them off. [tbi is rumoured to be run by an ex hfc guy.

 

they specialise in fleecing old HFC customers on debts

that are most prob 90% PENALT charges & all manner of 'compulsory' insurances.

 

for now

 

you need to ack the claim and defend all.

 

have you ANY paperwork

statement, agreements, etc etc

is this on your CRA file?

 

firstly , scan up that claim form

 

CAREFULLY follow the instructions here.

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

 

next if you have not done so already CCA the claimant by RD first thing tomorrow.

 

dx

[deck54321]

Claim acknowledged - defend all. Attached the claim form as requested.

 

 

Don't have any paperwork !!!. There is no current entry on CRA. Original debt was a default on CRA but auto removed after 6 years.[ATTACH=CONFIG]44423[/ATTACH]

Edited June 12, 2013 by deck54321

[dx100uk]

get an SAR off to HFC by RD today.

 

I think you also need to CPR ARROWS too.

 

dx

 

dx

[deck54321]

So thats SAR as below to HFC but Dont have an account number.

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

SAR

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

Dear Sir/Madam

 

 

ACCOUNT/REF NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

 

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

 

This Subject Access Requestis includes - but is not limited to any data you hold about me in respect of any matter and held in any form including notes, screen notes, recordings, internal correspondence and external corresppondence.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return.

 

If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the 40 day timescale has started.

 

Yours faithfully,

 

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

[deck54321]

CPR (as below) to Arrow

 

Re: Bank -v- ME Case No. blah blah blah

 

CPR31.14 Request

On I received the Claim Form in this case issued by you out of theNorthampton County Court.

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

 

Please treat this letter as my request made under CPR 31.14 for the disclosureand the production of a verified and legible copy of each of the followingdocument mentioned in your Particulars of Claim:

1The agreement. You will appreciate that in an ordinary case and by reason ofthe provisions of CPR PD 16 para7.3, where a claim is based upon a writtenagreement, a copy of the contract or documents constituting the agreementshould be attached to or served with the particulars of claim and theoriginal(s) should be available at the hearing. Further, that any generalconditions incorporated in the contract should also be attached.

 

2. The default notice

 

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

 

You should ensure compliance with its CPR 31 duties and ensure that thedocuments I have requested are copied to and received by me within 7 days ofreceiving this letter. Your CPR 31 duties extend to making a reasonable andproportionate search for the originals of the documents I have requested, thebetter for you to be able to verify the document's authenticity and to provideme 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, they willhave a right to possession of that document if it has been mentioned in yourcase. You must take immediate steps to recover and preserve it for the purposeof this case.

 

Where I have mentioned a document and there is in your possession more than oneversion of that same document owing to a modification, obliteration or othermarking or feature, each version will be a separate document and you mustprovide a copy of each version of it to me. Your obligations extend to making areasonable and proportionate search for any version(s) to include an obligationto recover and preserve such version(s) which are now in the possession of athird party.

 

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

 

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

 

If you are unable to comply with this request and believe that you will neverbe 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 torequest more time or fail to agree to an extension of time for the filing of mydefence, I will make an application to the court for an order that the proceedingsbe 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

[deck54321]

Do I need to get the CCA (as below) to Arrow also?

 

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

Dear Sir/Madam

 

Re:− TBI Financial, Account number

 

This letter is a formal request pursuant to s.77/78of the Consumer Credit Act 1974. I require you to provide me with a true copyof the credit agreement relating to the above account, together with any otherdocumentation the Act requires you to provide.

 

I expect you to comply fully and properly with thisrequest, within the statutory time limit. You are reminded that should you failto comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor,s.175 of the CCA 1974 applies in the case of a simple assignment, and places aduty upon you to pass this request to the creditor. In the case of an absoluteassignment, you are a creditor as defined by s.189. If you contend that youpurchased the rights but not the duties of any agreement, you are reminded thats.189 of the Act is clear that an assignment is of both rights and duties.

 

Yourattention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, whichis the statutory fee. Note that these funds are not to be used for any otherpurpose.

 

If you are unable to comply fully and properly withthis request, you should confirm this in writing at the earliest opportunity,and certainly within the statutory time limit for compliance, and return thefee.

 

We look forward to hearing from you.

 

Yours faithfully

[dx100uk]

wouldn't hurt for £1 PO!!

 

dx

[deck54321]

Will do. Are the other two correct letters and I'm guessing that HFC will only be able to work based on my address.

[dx100uk]

if you've moved since then inc that address

and p'haps a ctax or utils bill

 

dx

[deck54321]

Will only be able to give HFC previous address.

 

Assuming the posted letters are ok?

[dx100uk]

sure ok

 

if you have moved since you HFC loan was taken out

they will refuse the SAR without proof of where you live now

in the form of a CTAX or utils bill

 

dx

[deck54321]

presumably the HFC SAR will not form part of the County Court defence as they could take up to 40 days to reply?

[dx100uk]

you can live in hope.

 

might come!

 

send it RD too

 

dx

[deck54321]

Thus far no response to the CPR or CCA. How should I approach the County Court defense, which is due.

[dx100uk]

I see none of the legal bods have joined sri.

 

i'll see what I can do.

 

dx

[deck54321]

no response to either CPR or CCA. will be filing my defence and request to have the proceedings struck out.

 

No luck with any legal wording/advice so far....

[dx100uk]

hit the triangle below your msg box and ask

 

dx

[deck54321]

Can somebody please advise as to the following as a CC defence.

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

I have requested in writing for disclosure pursuant to CPR 31.14. The claimant received this request on 14/06/13 and has to date failed to comply with this request.

 

I have requested in writing that I be supplied with a true copy of the credit agreement. The claimant received this request on 14/06/13. The claimant has to date failed to supply the requested agreement.

 

As I do not have the details I need to fully particularlise and properly defend this claim I am asking the court to strike this out completely due to the non compliance of a valid CPR request.