Arrow/Restons claimform for NW CC debt - prob SB'd since 07/13

[ujo]

Please I need advice on how to handle this Restons and his allied Arrow global chasing me for SB Natwest credit card.

 

The claim was for credit card,

 

according to the claimant it was assigned to arrow global,

last payment to the account was in July 2007,

 

since then I have no contact with the original creditor except 4 months bill sent after the last payment in 2007

and letters from DCA in 2008.

 

I was not aware that the account was assigned and I can’t recollect receiving any Notice of Default.

 

I have checked my credit file with Noddle and nothing showing NATWEST/ARROW GLOBALL.

[ims21]

Hi ujo and welcome to CAG

 

I have moved your thread to the legal forum in view of the receipt of a court claim.

 

Could you please have a read here and answer the questions raised here on your thread please.....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

[ujo]

claim issued on 9th April 2014

Particulars of claim:

The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Natwest bank dated on or about xxxx2002 assigned to the claimant on xxxx2010 in sum of £2000

 

Particulars a/c no. xxxxxxx

 

03-03-14 default balance: £2000

court fee: £75, solicitor's cost: £80

 

 

I have acknowledge the claim on line and I am defending the whole claim.

 

 

Please i need advice on how to send the CCA to Arrow and CPR to Restons. Please what should I ask them to disclose before I start thinking of defence

 

Your advice will always be appreciated. Thank you all.

[Guest]

Please i need advice on how to send the CCA to Arrow and CPR to Restons

 

check out the library, and threads

eg

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

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974%283-Viewing%29-nbsp

[ujo]

Thank you ims21, refer to Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form.- should i mention agreement/contract and notice of assignment on the cpr ?

[ims21]

Thank you ims21, refer to Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form.- should i mention agreement/contract and notice of assignment on the cpr ?

 

Yes anything that is mentioned or implied in the particulars of claim can be requested.

[ujo]

Thanks Ford, i should mention item 1-5 on the CPR and send it by recorded delivery

[ims21]

Also, if you are sure that this is SB then the following is a statute barred defence.....

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation acticon 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.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

[ujo]

The PoC is as follows

 

claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Natwest bank dated on or about xxxx2002 assigned to the claimant on xxxx2010. since I am sure it is SB, is it ok if i ask for the statement

[citizenB]

your timeline is as follows..

 

Issue date 9th April + 5 days for service = 13.04.2014 + 14 days to acknowledge = 27.04.2014 + 14 days to submit defence = 11th May 2014 .

 

Their particular of claim is very poor indeed - this is to prevent you from requesting documents that they probably dont have anyway.

 

You can only make a request for

 

1: the agreement,

2: notice of assignment

3: statement of account showing how the amount they are claiming has accrued and to include details of default/penalty charges.

 

using CPR 31.14 which I have linked for you below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.(1-Viewing)-nbsp

 

Read the draft carefully, edit out anything that you are unable to request and send by Recorded delivery to the solicitor on the claim form. You do not have to include any fee for this.

 

CCA request - you need to send the request to the Claimant and include £1.00 which is the statutory fee. As this account appears to have been assigned, you need to leave in the paragraph in blue in the draft. Ensure you change the font colour !

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974(3-Viewing)-nbsp

 

However, If you believe this account is statute barred, then all you need do is submit the following defence....

 

Defence

 

1: The Claimant's claim was issued on (DATE ).

 

2: The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation 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.

 

3: The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

 

 

When submitting your defence online = please do ensure you print off the receipt that any defence has been accepted. We have recently had one lady who believed she had submitted her defence, when in fact it hadnt registered and she now has a judgment by default and is having to make an applicat to have it set aside.

[citizenB]

Seems as though ims was also providing you with the same information

[ujo]

yes ims21, I am sure it is SB but to be at safe side i think it is good to send them CCA and CPR to see what they can disclose before i put forward my defence

[ims21]

yes ims21, I am sure it is SB but to be at safe side i think it is good to send them CCA and CPR to see what they can disclose before i put forward my defence

 

Absolutely, get all the information you can.

 

I was just posting the SB defence for you now so that you have it immediately to hand.

 

(As did citizenB I see )

[citizenB]

yes ims21, I am sure it is SB but to be at safe side i think it is good to send them CCA and CPR to see what they can disclose before i put forward my defence

 

 

I doubt very much you will be provided with any information from them by the time you need to submit your defence.

 

You could always telephone the ORIGINAL creditor and ask them when the last payment was made to the account - from there you will be able to work out if this is statute barred or not.

[ujo]

ims, citizen & ford, thank you all!1 I am more than grateful. I have acknowledge the claim on line and I will put the defence as said also print the receipt. in the main time i will send the CCA + £1 draft and CPR to the ruminant solicitor tomorrow morning.

 

since this debt is no longer on my credit file, is it ok if i call the original creditor to establish the default date and last payment date althogh i have the last statement with me.

[citizenB]

If you have the last statement, then you dont have to telephone anyone. As long as you are absolutely certain you made no more payments or have acknowledged the debt to anyone in writing, then I would say you are quite safe to submit the SB defence.

 

Still send off the requests for information though

[ujo]

Do I have to sign the CPR and the CCA?

[ujo]

the statement was the last payment made in 2007 plus other 4 statement there after, but there was little drop in the amount which i think is the charges that was taken away before sold off.

[ujo]

Than you all, i have check the CCA and the CPR i will act on it immediately.

 

Thank you all!!!

[citizenB]

Do I have to sign the CPR and the CCA?

 

yes, however you can sign over a grid of

 

XXXXXXXX

XXXXXXXXX

XXXXXXXXX

 

In a lighter colour font or simply draw a faint line through your name

[dx100uk]

you don't have to sign either

 

only an sar needs a sig.

 

dx

[ujo]

Thank you all, I will act on it and update you on their response immediately, if i get any.

[ujo]

Hello everyone, thank you all for all the efforts, I posted the CCA and the CPR, please find attached is their response. Please i need your advice.

[ujo]

I phoned NW up to get more information on the default,

 

although the lady i spoke with was not that helpful but

 

she confirmed that the account was defaulted in 2007 and

 

she could not give any further information instead she refer me to Arrow.

 

I think information on the default date is a confirmation that the account is SB.

 

My last contact or payment to the account was in 2007 and

 

i have the statement with me.

 

So I will base my defense on SB.

[Guest]

seems like a typical cpr/cca request template response.

note CPR 31.4 ie ‘document’ means anything in which information of any description is recorded..

so, 'a party may inspect 'anything' (in which information of any description is recorded)' mentioned in a statement of case....'

didn't they mention a 'contract' (which is something in which info is recorded), same with something which has been assigned requires a written notice? was worth a try anyway, and it seems clear they don't have any docs as they say they are referring back.

whilst docs may not be attached to a claim form via the bulk centre, PD 7E para 5.2a doesn't say that any originals should not be available at hearing (as mentioned in PD 16 para 7.3) so, they do rely on a written agreement mentioned in the particulars?

anyway, as you say, no worries if SB they'll have to prove that it is not, if they don't discontinue!

ps, don't rely on their statement that collections are on hold. stick to court deadlines. also, they have returned the 1 fee, but aren't they now the 'creditor' taking legal action having bought it from nw?