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    • I don't think that you have told us when you bought the car. However, you have referred to a conversation in which they apparently told you that the MOT had been carried out on 11 November so that suggests to me that you bought it after that date. Although it seems as if you are dealing with quite a dodgy crowd, you may as well go through the paces of asserting your proper rights. Because you have discovered this issue within the first 30 days – you can add to the strength of your position by sending them a letter asserting a right to reject the vehicle under the consumer rights act. If a car manifests a defect within the first 30 days then you are entitled to reject it out of hand with no chance of repair but you must assert your right in writing. Send them a letter immediately – recorded delivery – informing them that you are rejecting the vehicle and telling them on what grounds and say that you are asserting your rights under the consumer rights act. It won't make a whole lot of difference, but later on if you find yourself having to take court action, then it will all help. Please let us know when you have had the AA check. Meanwhile, I suggest that you contact me at our admin email address and let me know the identity of the garage and any other identity clues that you have unearthed. It may enable us to give you additional help
    • Assuming you're correct about the limitation running from the last date of deferral. The last deferral was in 2013 so the statute barring period would end on 31 August 2019, the money claim was made on 3rd June 2019 so is within the limitation period. Therefore the debt is not statute barred.
    • I agree with my site team colleague @slick132 but with variations. These people have been needing you around and cause you serious harm in terms of the amount of effort that you have been put to as well as the damage to your credit file. You have taken all sorts of different stories and also been misled by them as to their statutory obligations in respect of data disclosures. It has taken the issue of court claim to get them to make any move. You have taken control of the situation and it is you who has the whip hand at the moment. They are now proposing to telephone you to discuss the matter in some way – but you have no idea. Also, you have no idea who you are going to be speaking to and whether they have authority to commit Virgin to anything at all. If you agree to this phone call then you are at risk of handing control back to them because they will partly ask you to withdraw the action and they will also offer to make a payment as a "gesture of goodwill". Now that you have attracted their attention and they realise that something needs to be taken seriously, I don't think you should let go of the initiative. Please can you post up the email which you received from them. He was it from and what is that person's role within the company. I think you should write to them and refuse the call and tell them that you are happy to discuss matters that you will want to know what it is they think they have to discuss and who will it be who will be phoning you – and will that person has any authority to make decisions. I think should also emphasise to virgin that they are already in breach of their statutory duty. That if they decide to file a defence that they will have to sign it is a statement of truth subject to a sanction for contempt of court and that as they are clearly in breach of their statutory obligations, it would not be possible for them to sign off such a statement of truth and if they do, then you will bring the whole thing to the attention of the court and invite the court to express their own opinion on the matter. I think it's very important that they tell you in advance what they propose to discuss. I think you should tell them that if they're not prepared to disclose the purpose of their phone call and the points that they intend to cover and if the phone call is not made by somebody at a suitably elevated managerial level, then you are not prepared to discuss the matter. I'm afraid that I'm struck by the naïveté of your statement which I suppose is intended to be assertive.   Haven't we reached a point yet where you understand that you can't trust these people and although you may discuss various things on the telephone, if they then are required to minute the conversation and provide you with the resume of the conversation, you are handing them carte blanche to present the conversation in a way that suits them together with nuances included or removed, and generally slanted in their favour. They might not – but you are certainly opening up the possibilities and if that's what they do, how are you going to counter them and say that they have not correctly recorded what you discussed and agreed? You seem to be doing everything you can to keep on handing the baton back to Virgin. I have no idea why. You should not get involved in any telephone conversation unless you have first read our customer services guide and you are recording the call for your own benefit. If you cannot do this or you are not prepared to do this then don't take the call at all. Please will you post up the email that you have received, let me have your comments on what I've posted here and if you agree we will draft a response. You might like to start. Apparently they are proposing to telephone today and so we need to get a move on. If they happen to telephone before you have received a written reply to your message, then you should simply tell the caller that you are still waiting for their response to the email which you sent a little while earlier and you're not prepared to discuss anything until you have their written reply to that.
    • Well done on getting your refund and thanks for the update. I understand that you are still out of pocket. If you would like to get that money back and we will help you and I think it will be fairly straightforward. The amount of money outstanding is scarcely worth his while causing any trouble. It would be very helpful if you could post up a link to the new advertisement and also do you have any pics of the car and also its registration number please. I think we owe this to possible new owners in case they come to this forum.
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Claimform DrysdenFairfax/Arrow old EGG card debt **Claim Discontinued***


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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

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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

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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

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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

We could do with some help from you.

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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

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

 

Regards

 

Andy

We could do with some help from you.

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  • 3 weeks later...

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

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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

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

 

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

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

 

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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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

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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

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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

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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.

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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

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 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?

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

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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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

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

 

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

We could do with some help from you.

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" 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?

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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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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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.

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  • 4 weeks later...

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

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