Claimform DrysdenFairfax/Arrow old EGG card debt **Claim Discontinued***

[Zippy99]

Hi There,

 

Bit of a shock - the other day I received a letter from Northampton from a solicitor representing Arrow on behalf of a debt to Tessera? just over £1000.

 

Without a shadow of a doubt this debt is statute barred - I cannot even I identify who the original creditor is (although looking at the account number quoted it appears to be a card number - But I do not know who from)

 

Obviously my intention is to initially reply stating I intend to defend and then submit a defence.

 

I have read multiple cases on here now but would love to have a few pointers and a bit of support on this one. There is nothing on my credit record so I genuinely do not know who this is for.

 

Should I contact the Solicitors with prove it/give me paperwork to show letter?

Or do I communicate with the courts only?

 

I am more than happy to do battle on this _ I just want to do it right.

 

Many thanks in advance - if you need me to provide further information - let me know.

 

Thanks

[AndyOrch]

Hi zippy

 

If you could read and complete the following and provide as much information as possible:-

 

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

 

On the face of it you will be entering a statute barred defence but lets just run through the details.

 

You need to acknowledge the claim 19 days from the date on the claim form..this can be done using MCOL once you have registered ...you will be given a username/number...your password is already on the claim form.

 

Regards

 

Andy

[Zippy99]

Hi Andy,

 

Many thanks for your rapid response - details as requested:

 

Claimant: Arrow Global Limited

Issue Date: 30 Apr 2014

 

Particulars of Claim:

1. The claim is for £1186 in respect of monies owed by the defendant on a credit agreement held by the defendant with Tessera under account number 5XXX XXXX XXXX XXXX upon which the defendant failed to maintain payments.

 

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

 

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

Contact drydensfairfax solicitors

 

Claim Value:

£1186

£70 (court fee)

£80 (solicitors fee)

 

Account: Credit Card (although original creditor not mentioned I think it must be Egg (having searched first 6 digits of account number)

 

Original Agreement: If Egg, I cannot be sure as this is not mentioned, however I believe it was may around 2001

 

Claim issued by: A DCA a presume - who seems to have purchased from another - no mention of the original creditor

 

Notice of assignment: I do not remember

 

Default Notice: I am aware of a default (if egg) possibly in 2005 as this is when I had financial difficulties that caused problems - there are no records on my credit record for this amount, this company or indeed any defaults showing

 

Notice of default sums: I could not remember

 

Other info: Previous financial difficulty led to this default along with some others, I know, I believe I may have made arrangements but this was genuinely a LONG time ago and I find it hard to remember what happened all those years ago. Without a shadow of a doubt this is statute barred.

 

Actions for me:

 

1) - Enter I intend to defend on Moneyclaimonline

2) - CCA1974 to Claimant - is this to go to Arrow? (is this the same as below I was not sure if this was a different letter)

3) - Send CPR31.14 to Solicitor (can see template letter on info page)

 

I think I have provided everything, I just want to make sure I do everything correctly.

 

Thank-you in advance for your help

[AndyOrch]

Hi Zippy

 

Both CPR 31.14 and the section 78 request go the Claimants Solicitors named on the claim form.Send them separately.

 

The section 78 request is a legal request for a copy of the agreement which is why you pay a fee of £1.

The CPR is a civil request which the claimant is not compelled to respond to, unlike the section 78 which they have 12+ 2 days to comply otherwise they will be in default and unable to enforce any agreement .....not that they could anyway as its statute barred.

 

So this you assume was an EGG agreement assigned to Tessera and then assigned to Arrow...so you will want copies of both assignments within your CPR 31.14 request.Do not refer to EGG just state from the Original Creditor at this stage.

 

Regards

 

Andy

[Zippy99]

Excellent

 

Will complete my intention to defend with court today

 

And have prepared the following to post tomorrow:

 

CCA Letter + £1

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

 

CPR31.14 (linked in your guidance post above)

 

Zippy

[Zippy99]

HELP!!

 

Set up MCOL - should I be Acknowledging or Defending the whole claim at this stage?

 

Posting the letters today and needed to check what I should enter on MCOL

 

Zippy

[AndyOrch]

Just acknowledging..... do not submit a defence yet do not contest jurisdiction.

 

Regards

 

Andy

[Zippy99]

Hi there,

 

Just an update - I need to submit my defence by 5th June.

 

I heard back from the Solicitors representing the Claimant on 13/05 stating that they had contacted their client in relation to my CPR and would respond within a minimum of 14 days so that I could prepare defence (despite my letter stating that that this information should be supplied within 7 as per the template letter)

 

In addition, I have had no acknowledgement of the CCA letter or received a response to this request.

 

Bothe letters were delivered - any advice on what I should be looking to do now or should I sit tight until next week when I have to submit defence.

 

Many thanks

[AndyOrch]

Sit tight and read other threads and look at their defences and start to draft your own.

[citizenB]

Can you confirm the issue date was April 30, 2014 ?

 

If correct, your submission date will be at the latest 2nd June 2014

[citizenB]

Do you know when the last payment to the account was ?

[Zippy99]

You are correct - 2nd June is the date I must submit

 

I cannot be sure when I last made a payment - I genuinely do not know potentially it could have been 2008 - it was only when looking at a very old post on here I made I recalled that I may have paid something to Robinson Way for this before it was sold to Tessera - but I genuinely cannot remember and only have a vague recollection following some posts made on here in 2009.

 

As far as I am currently concerned though in terms of a defence:

 

- I do not know who the creditor is

- There has been no evidence supplied to prove this debt exists either

 

I will do some research on here to see other defences - thanks again for input.

 

Thanks

[Zippy99]

Hi There - I need to issue defence on 2nd June

 

1) I have NEVER held a or entered into a credit agreement with Tessera so does this invalidate POC 1?

2) No details about default

3) Prove it?

 

*********

Particulars of Claim:

1. The claim is for £1186 in respect of monies owed by the defendant on a credit agreement held by the defendant with Tessera under account number 5XXX XXXX XXXX XXXX upon which the defendant failed to maintain payments.

 

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

 

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

Contact drydensfairfax solicitors

 

In the Northampton (CCBC) County Court

 

 

Claim number xxxxxxx

 

 

Between

 

 

Arrow Global = Claimant

 

 

And

 

 

Mooshy - Defendant

 

 

DEFENCE

 

1. The defendant has never entered into a credit agreement with Tessara and therefore is unable to recognize or acknowledge any debt that the claimant has purchased from them. The particulars of claim are vague and unsubstantiated with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement or contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim

 

2. The claimants claim is denied as the particulars are vague and do not provide information as to who served a default notice and when. I have kn

 

3. I am unaware of any legal assignment the claimant refers to within its particulars. I have no knowledge of who the claimant is or the company from which the alleged debt originates.

 

 

On receipt of this claim I requested information pertaining to this alleged debt from the Claimant by way of a section 77/ 78 request ( dated and sent on 8th May 2014 ) . As of this date, 2nd June 2014, I am still to receive any correspondence from Dysden Fairfax Solicitors.

 

 

On receipt of this claim I also requested information pertaining to this alleged debt from the Claimant by way of a CPR 31.14 .The claimants solicitors legal response dated 13th May 2014 stated that they would contact the claimant to obtain the information requested. To date nothing has been recived.

 

 

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

 

 

 

 

(a) show and disclose how the Defendant has entered into an agreement; and

 

 

(b) show and disclose how the Claimant has reached the amount claimed for;

 

© show how the agreement was legally terminated to allow the claimant relief.

 

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act

and Section 82A of the consumer crediticon Act 1974.

 

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

*****

 

Would appreciate input - many thanks

[Zippy99]

Hi - any thoughts on this please, I was hoping to submit this over the weekend

 

Thanks

[Zippy99]

Hi - any thoughts on this please, I was hoping to submit this over the weekend

 

Thanks

 

Still not heard any feedback on my defence - do I need to make a donation to the site before I get a response - please let me know what I need to do

 

Many thanks

[havinastella]

Hi Zippy.

 

No you do not need to make a donation.

 

Everyone on this site does it for free and sometimes are busy with real life stuff especially at the weekend.

 

I shall ask Andy to have a quick look for you.

[dx100uk]

pick a credit card claim here

 

look at a defence that states they have not replied to CRP or CCA with any paperwork.

 

forget the bit about not knowing terressa etc.

 

use a no paperwork defence

 

dx

[Zippy99]

I used a credit card defence from here for what was written above

 

Is the only bit I need to alter the first point in relation to Tessara?

[AndyOrch]

Zippy be around tomorrow am and we will tweak the above slightly for submission tomorrow.

 

Regards

 

Andy

[Zippy99]

Zippy be around tomorrow am and we will tweak the above slightly for submission tomorrow.

 

Regards

 

Andy

Thanks I will be at work but fortunately have a job that will enable me to work on this at the same time

[AndyOrch]

" Without a shadow of a doubt this debt is statute barred "

 

If that's the case why not just submit a Statute Barred defence?

[Zippy99]

" Without a shadow of a doubt this debt is statute barred "

 

If that's the case why not just submit a Statute Barred defence?

 

I don't know when the last payment was made - having looked on here I found a post mentioning a possible payment, furthermore I found a letter confirming a standing order payment arrangement from late 2008

 

I honestly cannot remember what may or may not have been paid.

 

Would the above therefore be a better way to proceed?

[AndyOrch]

So not without a shadow of doubt......go with the defence that you have posted then.....it is true that you never entered into an agreement with Tessera...its for them to show the court it was legally assigned from the OC...so you questioning the validity of the assignment.

 

Regards

 

Andy

[Zippy99]

Thanks Andy.

 

I will submit the following today:

 

 

 

Particulars of Claim:

1. The claim is for £1186 in respect of monies owed by the defendant on a credit agreement held by the defendant with Tessera under account number 5XXX XXXX XXXX XXXX upon which the defendant failed to maintain payments.

 

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

 

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

Contact drydensfairfax solicitors

 

In the Northampton (CCBC) County Court

 

 

Claim number xxxxxxx

 

 

Between

 

 

Arrow Global = Claimant

 

 

And

 

 

ME

 

 

DEFENCE

 

1. The defendant has never entered into a credit agreement with Tessara and therefore is unable to recognize or acknowledge any debt that the claimant has purchased from them. The particulars of claim are vague and unsubstantiated with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement or contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim

 

2. The claimants claim is denied as the particulars are vague and do not provide information as to who served a default notice and when.

 

3. I am unaware of any legal assignment the claimant refers to within its particulars. I have no knowledge of who the claimant is or the company from which the alleged debt originates.

 

 

On receipt of this claim I requested information pertaining to this alleged debt from the Claimant by way of a section 77/ 78 request ( dated and sent on 8th May 2014 ) . As of this date, 2nd June 2014, I am still to receive any correspondence from Dysden Fairfax Solicitors.

 

 

On receipt of this claim I also requested information pertaining to this alleged debt from the Claimant by way of a CPR 31.14 .The claimants solicitors legal response dated 13th May 2014 stated that they would contact the claimant to obtain the information requested. To date nothing has been received.

 

 

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

 

 

 

 

(a) show and disclose how the Defendant has entered into an agreement; and

 

 

(b) show and disclose how the Claimant has reached the amount claimed for;

 

© show how the agreement was legally terminated to allow the claimant relief.

 

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act

and Section 82A of the consumer crediticon Act 1974.

 

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[Zippy99]

Well... defence was submitted on 2nd June and still have not heard anything. I believe they have until 30th (28 days?)

 

Do I need to call and find out or just wait to see what happens on Monday.

 

If they do not respond what are my next steps?

 

Many thanks