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Arrow Global/Restons - County Court Claim Form - egg***Settled by Tomlin Order***


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Hi, I have received a claim form today with the following details, any advice will be appreciated!

This is the first I have heard of this issue!!

Issue date 17/04/2014

 

 

What is the claim for – the reason they have issued the claim?

 

The claimant claims payment of the overdue balance due from the defendant(s)

under a contract between the defendant(s) and Egg dated on or about 13/06/2006

and assigned to the claimant on 28/02/2013 in the sum of (14k)

 

Particulars acc no xxxxxxxxxx

Date 03/03/2014

Item

Default balance Value 14k

Post Refrl Cr Nil

Total 14k

What is the value of the claim? Approx. 14 k

 

Has the claimant included section 69No

 

Is the claim for a current or credit/loan account or mobile phone account? Loan account

 

When did you enter into the original agreement before or after 2007? 2006

 

Has the claim been issued by the original creditor

or was the account assigned

and it is the Debt purchaser who has issued the claim. Debt purchaser Arrow Global via restons solicitors

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? This is the first correspondence

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

can anyone offer any help? really don't understand what I should do??

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Hi dewisant and welcome to CAG

 

So the alleged debt...do you recall borrowing 14K from Egg on acc no xxxxxxxxxx ?

 

Regards

 

Andy

We could do with some help from you.

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At the time the account was started my ex mrs was in total control of my finances and we were in the process of separating.

 

At the alleged time of the default 2008 I was suffering with mental health issues and was in hospital for a few months.

 

My memory of this era is very sketchy to say the least!

 

I received a letter from the solicitors last week then yesterday I got this claim form!

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I see the details of the claim states "defendant" (s) so was this a joint account, so if the other party to the joint account

has defaulted/ceased payments the creditor will be chasing you.

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Most particulars state the Brig...its just a style of drafting particulars to cover all scenarios in general.

We could do with some help from you.

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The particulars that the OP has given " wife fully in control of finances" made the possibility of a joint account appear relevant Andy.

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Hi,

 

 

It would more than likely have been paid from a joint account which was closed shortly after we split up. I don't have any contact with her whatsoever, no idea where she even is!!

 

 

How should I respond to the claim form? Would I be right in thinking that this would be statute barred due to the time period that has elapsed?

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To be statute barred there must not have been any payments or written acknowledgments of a debt in 6 clear year, for a credit card or unsecured loan the 6 years dates from the date a contractual payment was due but not made after which no further payment/acknowledgment was ever made.

 

 

If this is a joint account and it remained open after your separation it seems from what you say that you could have no idea of the status of the account at that time, from where the account was paid is not a help what we need to know is was the Egg card in both names.

 

 

If so it is possible that your ex continued to use after the break up.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Hi dewisant

 

In your first post you mention the date as being 03/03/14....is that actually the date of issue on the court claim forms?

 

If not, what is the actual date of issue?

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

5. Feel Bullied by Creditors or Debt Collectors? Read Here

6. Staying Calm About Debt Read Here

7. Thinking of a Full & Final Settlement? Read Here

 

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so where has the paperwork been going?

 

have you moved since the debt was taken out?

 

we need to nail down what this account really was

there were egg money and savings accounts

 

have you got a copy of your credit file?

 

that might help

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I've moved about six times since 2006!

 

I'm positive it was a loan, she couldn't get credit cards.

 

I've looked at my Experian credit file, there's absolutely nothing on there regarding egg or arrow global!

 

I havn't received any letters from anyone regarding this whatsoever!

 

apart from one from restons last week and the claim form

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that will explain why you've never got any paperwork then.

 

are all you old addresses showing on noddle please

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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that will explain why you've never got any paperwork then.

 

are all you old addresses showing on noddle please

 

dx

No there are at least three missing on both noddle and experian

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Ok, for starters your timeline is as follows :0

 

Issue date 17.04.2014 + 5 days for service = 21.04.2014 + 14 days to acknowledge = 05.05.2014 + 14 days to submit a defence = 19.05.2014.

 

You MUST acknowledge service by the latest 5th May.

 

You need to send the following requests..

 

CPR31.14 - a request for information.

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

You can only request items that are mentioned/implied within the Particular of Claim which in your case are the following:

 

1. The agreement

2: The Notice of Assignment

3: Statement of account showing how the amount being claimed has accrued.

 

Read the draft letter carefully, amend where necessary and send to the solicitor named on the claim form using Recorded delivery post at the very least.

 

Next, you need to send a CCA request to the Claimant - this is a separate request for a copy of hte agreement and terms and conditions. You need to include £1.00 with the request (statutory fee) - again you should send this by Recorded Delivery.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974(1-Viewing)-nbsp

 

As it looks like this accoutn has been assigned/sold, then you should leave the paragraph highlighted in blue IN the letter, but make sure you change the font colour.

 

You need to send these as a matter of urgency.

 

You will then need to send the following CPR part 18, to the solicitor. This is a request for information only - depending upon their response you might be able to request sight of other documents. This is a request for information regarding any Default Notice and to establish when the last payment was made to the account. You can pop this in the same envelope as the CPR 31.14 request as it is going to the Solicitor.

 

 

[ATTACH=CONFIG]50438[/ATTACH]

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Dewisant, this claim is over £10,000 so it will almost certainly be in the next track up from Small claims which is Fast Track. The Rules are a little bit more strict as far and there is a risk of costs so. please be very sure of the information you are providing to us so we can advise you correctly.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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ok well you could add them

but at this stage no real point.

 

1st thing tomorrow

 

get a CCA request off to pestons

 

and the loan vesion of CPR 31:14 from the green library tab top right.

 

I would also send EGG [NOT PESTONS] an SAR to their

Canadian square address

 

Canada Square Operations

PO Box 4903

Worthing

BN99 3AR

 

don't forget to ack the claim on mcol within 19 days

after registering

 

using the number/password on the N1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thanks CB

 

I got called away mid message

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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:thumb:

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Can I suggest you keep a check list of the things that need doing and by when. Keep any postal receipts attached to copies of letters.

 

Start collecting and filing any paperwork you might have in respect of this account. Jot down any information you might remember.

 

Do you know if there was any Payment Protection Insurance on this loan ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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opps missed a bit

 

on that sar to egg

include a list [or atleast the address that you suspect you were at when she took this out]

and include a copy of your current CTAX bill with your name on it

else they'll bounce it back to you.

 

you need to SIGN the SAR

 

the rest just type your name only

 

don't give the claimant or their sols a sig.

[not saying they will copy it ..but...]

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I've got all the letters done now and acknowledged the claim on mcol stating that I was defending it.

 

can I just check that I've got the recipients right?

 

CPR31.14 to be sent to arrow global?

 

CCA request to arrow global and a copy to pestons?

 

CPR Part 18 - just to Pestons

 

SAR to Egg at Canada square

 

Thanks again for all your help so far

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You need something with your name and current address.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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