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Arrow/Restons card claim, i say its statute barred, restons say its not


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I wonder could I have some help on this one.

 

I was served with Court papers from Restons chasing a credit card debt taken out in 2001.

 

I returned the papers to the Court indicating I was defending the claim on the basis the debt was statute barredlink3.gif.

 

Restons have now written to me with a copy of the signed credit agreement

stating that I made a payment in 2008 towards this debt of £13.81 and to withdraw my Defence

 

I know 100% that I never made this payment.

 

I can't remember the last time I made a payment it was probably around 2003 or so.

 

How do I respond to them?

 

Thanks for your help x

help x

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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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Claimant is Arrow Global Guernsey Limited

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

The Claimant claims payment of the overdue balance due from the Defendant under a Contract between the Defendant and the royal Bank of Scotland dated on or about 21/11/2001 and assigned to the Claimant on 15/12/2010 in the sum of £2296.07.

 

What is the value of the claim? £2451.07

 

Has the claimant included section 69 interestlink3.gif (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? No interest indicated on Claim form

 

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

 

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

 

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. Account assigned

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Can't remember too long ago

 

Did you receive a Default Notice from the original creditor? Can't remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not as far as I am aware

 

Why did you cease payments:- My marriage broke down and I couldn't afford them

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementlink3.gif plan? Not as far as I can recall

 

 

 

To be honest this debt is so old I can't recall many details - it is not listed on my credit reference file I have checked.

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Sounds like the infamous fictitious payment rearing its head. Put them to strict proof of the payment.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Yes as I thought! Is there a letter template I can use for this?

 

If I find this to be the case then I will report Restons to the Solicitors Regulation Authority and the FSA.

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...... Is there a letter template I can use for this?

 

....

 

in cag library, adapt to suit given litigation has started, and defence submitted? eg could in return invite them to discontinue? :)

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred-%28update-21.04.2014%29

IMO

:-):rant:

 

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slow down you have weeks

what is the date on the claimform top right.

 

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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Share on other sites
Yes as I thought! Is there a letter template I can use for this?

 

If I find this to be the case then I will report Restons to the Solicitors Regulation Authority and the FSA.

 

You can do that, but they always come back with the " It was an admin error" excuse, and the regulators believe it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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its a very unusal amount . usaly its the £1 or £10

 

Nah, arrow, link, lowells have twigged on that people know what theyre up to, so they invent a random amount and date.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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