Arrowl/Restons Claim Form Old CAt debt***Claim Discontinued***

[amac31]

Hi,

 

just received a County court claim form from Arrow Global via Restons solicitors for a shop direct account that I know nothing about.

 

I vaguely recall having letters from them in the past and I told them then that I have no knowledge of the account

and also sent a prove it letter and as such have heard nothing for a while until now.

 

 

Here are the particulars of claim:

 

 

The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s)

and Shop Direct dated on or about 18/04/2005

and assigned to the Claimant

on 13/05/2011 in the sum of 960.50

 

 

PARTICULARS a/c no:-

 

DATE ITEM VALUE

 

01/05/2013 Default Balance 960.50

post Refrl Cr NIL

TOTAL : 960.50

 

I have sent AOS online today 14/02/2014

stating that I will defend the total amount a

nd I have also sent a CPR 31.14 request to Restons today via recorded delivery.

 

Do I need to also send a Part 18 request and if so to who?

 

 

any help will be appreciated.

[dx100uk]

I would send a CCA too.

[dx100uk]

is this on your credit file?

 

dx

[amac31]

is this on your credit file?

 

dx

 

Sorry I forgot to add that to the thread, I have checked with all agencies and with old credit reports I have saved and it does not appear at all.

[amac31]

Should I send the Part 18? who should I send the CCA and part 18 to?

[dx100uk]

never heard of part 18 at this stage

 

CCA goes to the same lot as the 31:14

 

................

 

its not on your files

you've never made a payment

you never took it out

 

fraud from an old address?

 

dx

[amac31]

never heard of part 18 at this stage

 

CCA goes to the same lot as the 31:14

 

................

 

its not on your files

you've never made a payment

you never took it out

 

fraud from an old address?

 

dx

 

I have been at this address for 18 years so I don't think it is fraud. The only catalogue at this address was Freeman's and that is in my wife's name and is on her credit file as settled and closed with no missed payments or defaults.

[BRIGADIER2JCS]

No Payments or written acknowledgment of the debt in 6 clears?

[AndyOrch]

Pretty sure Shop Direct now covers all the old Cats...littlewoods /Freemans/GU/Very etc.

 

Andy

[citizenB]

CPR Part 18 is a a request for "information" only.

 

You would normally use this where the PoC is so vague and they have deliberately not referred to any documents.. such as the assignment, Default Notice,. You would then use CPR part 18 to ask questions.. such as..

 

Was a Default Notice issued

on what date, what was the issue date and remedy date

How was it mailed - 1st or 2nd class post

is there any posting proof of the class of postage used,

 

etc, etc..

 

So in answer to your question should you send one.. what information are you seeking ?

[dx100uk]

freemans is the odd one out

 

its owed by the german Otto Group

[amac31]

CitizenB The POC are listed above and I think they are vague so should I send the Part 18 request to Restons? I would like to use the following as a defence please advise me if this is incorrect:-

I deny any indebtedness to the claimant.

 

 

I put forward that this claim is statute barred pursuant to the provisions of section 5 of the limitations act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

 

Also, I have sent the solicitor for the claimant a CPR31.14 request for the documents relied upon in the Particulars of Claim. Until I receive these documents I am unsure as to exactly what the claimant's claim is for and am finding it difficult to file a full and complete defence under the circumstances.

 

 

The Defendant respectfully requests that the Court stay (Suspend) the proceedings under Practice Direction 4.6 (1) until the claimant complies with the defendants CPR31.14 request. The defendant respectfully requests that the court impose a time scale of fourteen (14) days upon the claimant to comply with the defendant's rightful entitlement to inspect the documents that the claimant's claim is to rely on, and that should the claimant fail to comply with the court's order, then the defendant respectfully requests that upon notification by the defendant to the court of the claimant's failure to comply with the Practice Direction sanctions imposed by the court, that the court makes the motion to strike out the claimant's claim on the grounds that the claimant is unable to substantiate the claim.

The Defendant also makes a respectful request to the court for the court's consideration, to permit the defendant to submit an amended defence if the claimant supplies the requested documents mentioned.

I am also sending a CCA request to Restons or should it go to Arrow Global?

Edited February 15, 2014 by amac31
to add text

[AndyOrch]

If it is in fact Statute Barred then you dont need anything further after paragraph 1.

[amac31]

Hi again, this claim was issued on the 12/02/14 and I received it on the 14/02/14, I have sent in my AOS but what date will I need to

submit my defence by please?.

I sent off a CCA request by recorded delivery but still not been signed for at their end 7 days later. Do you think they refused to sign or

has it just gone missing? Should I send off another one just in case?

[AndyOrch]

You simply add 33 days to the date on the claim form...that is your defence due date...try to submit on a few days earlier though.

 

Andy

[amac31]

See below for Response from Restons. is this just a standard response or should I be worried? Surely they will still need a credit agreement to secure a judgement? I still have nothing from them to prover this is my account, the POC implies a contract between myself and Shop direct surely there should be a document to substantiate this?

[AndyOrch]

Well they do refer to a " Contract " and they do refer to an " Assignment " therefore CPR 31.14 does apply. They have your section 77/78 request which they have forwarded to the claimant.

What else did you request in your CPR 31.14 request?

[amac31]

Well they do refer to a " Contract " and they do refer to an " Assignment " therefore CPR 31.14 does apply. They have your section 77/78 request which they have forwarded to the claimant.

What else did you request in your CPR 31.14 request?

Please see below the CPR request sent to Restons:-

[AndyOrch]

So statement of account...its merely an avoidance template....they have your defence (not sure which version you submitted) up to them if they wish to proceed now rather than sending nonsensical responses.

[amac31]

So statement of account...its merely an avoidance template....they have your defence (not sure which version you submitted) up to them if they wish to proceed now rather than sending nonsensical responses.

 

I have not submitted defence yet, I have up to the 17th to submit it.

[AndyOrch]

And you are certain that the debt is Statute Barred?

[amac31]

I'm 99% sure that it would be statute barred as I have no recollection of this account at all, it does no appear on credit file and I have no paperwork from any other DCA or creditor about it.

[AndyOrch]

Then submit the Statute B defence.

[amac31]

Received a notice of discontinuance and a letter to say account now closed but that the default will remain on my credit file until the debt is paid.

A bit of a result considering it was never on my credit file in the first place.

[AndyOrch]

Well done amac.... another one bites the dust.

 

Time to celebrate then...I will amend your thread title to reflect the outcome........meanwhile check with the court that they have received same.

 

Delighted for you.

 

Regards

 

Andy