Arrow Claim Form old SB'D/ Mint Card

[booty1309]

Morning all,

 

This is my first posting on these forums so apologies if it's in the wrong place!

 

This morning I received a claim form from Northampton County Court Bulk Centre with the claimant Arrow Global

stating the following particulars of claim:-

 

"The claimant claim is for £1401

being monies due from the Defendant to the Claimant in respect of a regulated credit card agreement

between the Defendant and the Royal Bank of Scotland (card number XXXXXX)

and assigned to the claimant on 15/12/2010,

notice of which has been provided to the Defendant.

 

The Defendant has failed to make payment in accordance with the agreement

and a default notice has been served pursuant to the Consumer Credit Act 1974.

The Claimant claims the sum of £1401.00."

 

I believe that this relates to an old Mint credit card which I had in my teens

but no longer hold any paperwork to,

but I am also under the belief that I have not made any form of payment in relation

to this debt in a long time (possibly more than the 6 years required for a debt to be SB).

 

I've checked my bank statements as far back as 2007

and can't see any record of payments to Mint during this time

so I'm thinking about using the complete defence of the debt being statute barred,

 

however before I do this, is there a way I can find out for definite

when the last acknowledgement/payment of the debt would have been?

 

I have checked my credit report this morning with Noddle and nothing shows from Arrow/Mint.

 

What should be my next steps?

Should I call Arrow and ask for the last payment date in writing?

What should I do with the claim form?

 

I know that time isn't on my side here so would appreciate any input from experts in this field.

 

Thanks in advance.

[silverfox1961]

Hi and welcome to CAG

 

I have moved your thread to the Financial Legal Issues Forum to ensure that the legal minds get to see your thread. You need do nothing (except continue posting)

 

You have a grand total of 33 days to file your defence but you should indicate whether you will be defending.

 

Hopefully help should come along soon.

[dx100uk]

ack the claim

defend all

sent them a CCA request

and a CPR 31:14

 

might be an idea to phone RBS and ask last payment date.

 

dx

[booty1309]

Thanks for moving my post to the correct location silverfox.

 

dx100uk

 

- I have called Mint who claim that a payment was made in July 2011

but again there is nothing to show this on my bank statement

and they told me they couldn't tell me anymore as the debt was now owned by Arrow.

 

I also have absolutely no recollection of ever making any sort of payment to Arrow

so think this may be made up information.

 

I

s it worth also calling RBS too or should I call Arrow to see what details they have?

[dx100uk]

mint cant just fob you off!!

 

get that info

 

who

where

when

by what method.

[silverfox1961]

Do not ring anyone. What they say on the phone they would never dare put in writing. They could quite easily tell you more, they just chose not to.

 

Follow DXs advice to CCA arrow and the cpr request. This may have the effect of stalling this case.

 

While waiting. send a SAR to RBS to get all the data on this account which will show all payments made (or not made)

[booty1309]

Thanks again. This morning I have used the template for the CCA request but wanted to check whether I need to do a CPR 31:14 as well as an SAR, or are these the same thing? I get lost in the world of legal jargon! Also, to clarify, should the SAR go to the registered office in Edinburgh?

 

Sorry for asking silly questions but want to make sure I get it right

[dx100uk]

as post 6 CPR+CCA to arrows - do not sign them

 

rbs head office yes for the sar.

 

sign the SAR and put any old addresses and proof of your new address say

with a CTAX bill copy for proof of new address if you have moved since taking out the account

 

IMHO I would send the SAR recorded

 

the other two can go by 1st class with proof of posting from the PO counter

 

dx

[booty1309]

Hi again,

As previously advised the SAR, CPR and CCA letters were all sent recorded on 6th February and as yet, all I have had in response is a letter from Arrow saying that they do not accept that they are the creditors however they will assist with getting the required information and come back to me. I'm still waiting for that.

As the issue date on the court claim form was 30th January, I know that I need to submit my defence by the end of the week, but how do I go about this without the information I need? Is it best to submit an embarrassed defence now asking for more time? If I am granted additional time, should I chase RBS and Arrow?

Thanks again for helping.