Arrow Global EGG debt paid through PayPlan DMP for years - court letter arrived - help

[Paul1973]

Hi

 

The assortment of letters are still coming, most of which are worthless, however one concerns me, any advice please?

 

Its from Drydensfairfax lot again on behalf of Arrow Global which was originally an Egg loan

 

The letter starts of with - we have tried to contact you etc.

It then goes on to say unless payment is made by 9 Sept we hold instructions to issue legal proceedings against you to recover the full balance. If payment is not made, our intention is to obtain a CCJ and if necessary we will apply for the court to enforce the judgement by either warrant of execution or attachment of earnings.

 

Do you reckon this is hot air or they're getting serious?

 

Thanks in advance

[BRIGADIER2JCS]

NOT one to ignore now.

 

Are you sure DF own this account or are they acting on behalf of a DCA.

[Paul1973]

They are acting on behalf of Arrow Global, who bought the debt from Egg. I think it will be SB around Feb next year.

 

Do you think a CCA to Arrow would be the way forward?

 

They can't really send baliffs, its the parents house but the attachment of earnings is the worry. BTW its a loan rather than a CC if that makes a difference

[BRIGADIER2JCS]

Yes paul.

[dx100uk]

Hi

 

The assortment of letters are still coming, most of which are worthless, however one concerns me, any advice please?

 

Its from Drydensfairfax lot again on behalf of Arrow Global which was originally an Egg loan

 

The letter starts of with - we have tried to contact you etc.

It then goes on to say unless payment is made by 9 Sept we hold instructions to issue legal proceedings against you to recover the full balance. If payment is not made, our intention is to obtain a CCJ and if necessary we will apply for the court to enforce the judgement by either warrant of execution or attachment of earnings.

 

Do you reckon this is hot air or they're getting serious?

 

Thanks in advance

 

scan that letter up please

 

dx

[Paul1973]

Having a few scanner issues, therefore I have retyped the body of the letter word for word.:

 

 

Date 2 September 2013

 

Our client: Arrow Global

Outstanding abount £14000

 

We have written to you previously indicating our intention to take legal action should the above debt not be paid. We

have reviewed your account and payment in full has not been received.

 

Unless payment is made by 9 September we hold instrucions to issue legal proceedings against you to recover the full balance outstanding.

 

If repayment is still not made, out intention is obtain a County Court Judgement and, if necessary, we may make an application to the court to enforce the judgment using one or moe of the following:

 

Warrant of Execution: a baliff would visit your home in order to remove goods to the value of the debt

 

Attachment of Earnings order: Your employer would be ordered by the court to deduct monies oustanding direct from your salary

 

Furthermore, if legal proceedings are issued there will be additional costs incurred for which you may ben held liable.

 

If you wish to discuss payment or the other options on this account, please contact our legal debt helpline on 0113 823 3956

 

Yours faithfully

drydensfairfax

 

(no actual signature)

 

 

 

I have never spoken to these, I 'think' it will be SB in Feb next year. To be honest I have be doing a Lord Lucan and its the parents house. Obviously I don't want to actually acknowledge where I live unless necessary, at the moment they only 'think' I live there.

[Paul1973]

Shall I hold fire on the CCA do you think?

[dx100uk]

no always cca!

 

dx

[Paul1973]

Hi

 

I have not been on here for a few weeks, its been pretty quiet with the DCAs.

 

However I received a Claim Form from Northampton court.

 

Its for a 14k debt originally with Egg,

passed to Arrow Global and now being dealt with by Drydens Fairfax.

 

This loan was taken out around 2005,

I kept up payments until 2008 when they became unmanageable,

along with others and began to pay a reduced amount to them/other creditors via PayPlan.

 

I was made redundant a year later so could not keep up payments.

 

However when I did find work, I realised that I actually owed more than before I started the DMP despite paying over 4k over the first year.

 

Consequently since Nov 2009ish I have thought sod them and ignored them to be honest.

 

Any advice please?

 

Should I send letters, offer reduced payment?

 

I am very worried now

[dx100uk]

moved to legal forum

posts moved from larger mass thread for history

 

lease type up the exact PoC removing any pers details paul

 

dx

[Paul1973]

1. The claim is for the sum of £14,099.55 in respect of monies owing by the defendant on a credit agreement held by the defendant wih Egg account number xxxxxxxx upon which the defendant failed to maintain payments.

 

2. A default notice was served upon the defendant was served upon the defendant and has not been complied with.

 

3. By virtue of a sale agreement between Egg and the claimant, the claim vested in the claimant who has genuine commercial interest. The defendant has been notified of the assignment letter.

[Paul1973]

Hi again

 

I have been reading through other threads, although its quite confusing for the layman with all the acronyms, would it be prudent to send a CPR letter to Drydens, acknowledge the claim online saying I wish to defend. However I am unsure as to what to say in defence.

 

If they can come up with the documents, can I still ask for time to pay, to be honest I cannot really afford more than £50 per month, £75 absolute tops. Would the court find this amount acceptable as it would take years to pay, but I simply do not have the full amount.

 

Edit:

Further reading suggests they do not have to respond to a CPR 31 request. Would a CCA be too late in this instance?

Edited October 3, 2013 by Paul1973

[dx100uk]

no get it done today to the claimant

 

RDelivery

[wiseajak]

A judge will not order you to pay more than u can afford, you will probably be asked to fill out a I&E form outlining your expenditure and disposable income, if you can only afford £20 the judge shouldn't make u pay £30 if that makes sense. As it would cause you hardship. The creditor will kick and shout but theres sod all they can do.

 

As for your defence others will have to advise. Hope this take some weight off.

[Paul1973]

Cheers DX

 

Would the one in this thread suffice? http://www.consumeractiongroup.co.uk/forum/showthread.php?195201-CPR-31.14-Request-Letter-Help-please

 

Can they ignore this request? Do I CCA them too and SAR Egg?

 

Sorry to go on but I don't want to get this wrong.

 

Cheers

 

I have just acknowledged this with the MCOL website, defending all of the claim. Shall I hold fire on completing the defense form?

Edited October 3, 2013 by Paul1973

[dx100uk]

you can cpr yes

and cca and sar

but get them off today

 

esp the sar! recorded delivery

 

dx

[Paul1973]

Can anyone point me in the direction of a suitable CPR template letter please.

 

I have seen a few variations on here, not sure which is the best fit for my purpose.

 

Thanks in advance

[MandM]

Try this one CB uses and adapt to suit.......

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?404712-Claim-Form-received-AK-on-MBNA-debt-Advice-please&p=4358551&viewfull=1#post4358551

 

Mike

[Paul1973]

What does anyone reckon my chances of success are. This will cause me sleepless nights, should I just make an offer of payment or do I have a real chance?

[Paul1973]

Perhaps thats a hard question but just a rough estimate of a percentage please

[Paul1973]

I have completed a CPR letter, does this look ok? Do I send to Arrow or Drydens? Also do I sign or print name?

 

Cheers

 

CPR 31.14 Request

 

On (3 October 2013) I received the Claim Form in this case issued by you out of the Northampton county court.

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 CPR 31.14 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 assignment*

3: the default notice*

4: statement of account to show any default charges applied to the account

You should ensure compliance with your CPR 31 duties 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 31.14 request.

 

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

[BRIGADIER2JCS]

If you are referring to the 'Deed of Assignment it will not be provided as it is the contract between the debt seller and debt purchaser. A court could in certain circumstance order it to be produced it is a confidential commercial sensitive document.

 

Notice of assignment will be provided.