claimform arrow/drydens unknown debt from Phoenix Recoveries

[Andria1968]

Good afternoon and, in the event I am advised, thank you

 

I have received a county court claim form.

 

It is addressed to me in my married name, which goes back to 2007/2008

(I have used my maiden name since I left my husband in late 2007)

and it has been addressed to me at my current address.

 

The debt is £299, in addition there is a £25 court fee plus solicitors costs of £50. Total: £374

 

I have no idea what it is for or when it is from. The claimant and solicitors respectively:

 

 

• Arrow Global Guernsey Ltd, London
  
• Drydensfairfax Solicitors (Drydens Ltd), Bradford
  

Particulars of the claim:

1. The claim is for the sum of 299.00 in respect of monies owing by the defendant on a credit agreement held by the defendant with Phoenix Recoveries (uk)

under an account number 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 Phoenix Recoveries (UK) and the claimant who has a genuine commercial interest.

 

The defendant has been notified of the assignment by letter.

 

Re: 1. I do not know who Phoenix Recoveries (UK) are.

Or any of the other entities on the claim form.

I do not know what the account is or where the debt was accrued.

 

2. I am unaware of a default notice

3. I do not know what the sale agreement is, regardless of what Phoenix Recoveries have stated.

 

If anyone can assist me with regard to how I deal with this.

 

I genuinely am clueless.

 

I had a traumatic couple of years up to 2009 and I really cannot place the debt.

 

I know when I left my husband he ignored all household bills ( all were in my name) until at least the start of 2009

and claimed that I lived in our home right up until that point (I left on December 26th 2007),

so perhaps it is something related to that?

 

For the record I paid all bills in the marital home up until August 2008,

despite the fact I was living elsewhere.

 

 

Again, thank you.

[ims21]

HI and welcome to CAG.

 

I have moved you to the legal forum where the guys will be along to help as soon as they are available.

[Andria1968]

Thank you. I looked through the sub forums and figured I was in the right place ... *whistles*

[citizenB]

Can you please let us know what the date of issue is - you will find this at the top right hand corner of the claim form

 

Arrow Global are a Debt Purchaser - as for Phoenix, it would appear that they had originally purchased a debt from a creditor and they have then sold it on to Arrow. What you need to establish is, who was the company that Phoenix purchased the debt from originally ?

 

Anyway, you need to send a CPR 31.14 request, which is a request for copies of documents, to the solicitor named on the claim form. I have linked you to the draft below.

 

You can only request copies of documents mentioned on the claim form, which are..

 

1: The agreement

2: The Default Notice

3: The Notice of Assignment

4: Statement of account, to show how the £sum claimed has accrued.

 

So read the draft carefully and amend where indicated.

 

You should send it as soon as possible and by at the very least, recorded delivery. If you can afford Special Delivery, then use that service.

 

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

 

You then need to send a CCA request, not sure if that should go to Arrow Global or the solicitor = will check that for you. You need to include a £1.00 with this request - it is a request for a copy of the agreement on which they are basing their claim. You need to send this, even though you have made a request for a copy of it within the CPR request.

 

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

[Andria1968]

Hey and thank you

 

The form states the issue date was the 16th June 2014

[dx100uk]

til we/you get more info

 

can I suggest you go get your credit file

 

might throw some light

 

noddle is free see below

 

dx

[dx100uk]

this should be interesting

 

as phoenix is owned by the terresa group both in Luxembourg I think it is [s.a.r.l]

 

years ago they brought a whole portfolio of dodgy shop direct

and

dodgy HSBC debts

 

don't think in all the threads here

that phoenix has ever come up with paperwork for any debt

they claim someone owes

 

which is why they sell them on.

to buyer like AG.

 

dx

[citizenB]

Just to confirm, the CCA request needs to go to the Solicitor as well as the CPR request.

 

As dx has advised, it looks as though there is a previous owner.. the original creditor, prior to Phoenix, so it looks as though they might not be able to prove this debt with an agreement.

 

Your timeline is as follows...

 

Issue date 16.06.2014 + 5 days for service = 20.06.2014 + 14 days to acknowledge the claim = 04.07.2014 + 14 days to submit a defence = 18.07.2014.

 

You MUST acknowledge the claim online by the 4 July, very important you do that or they will obtain a judgment by default. Send off the CCA and CPR request as soon as you can. Give them about 10 days to respond, let us know if they do or dont, we can take things from there.

[Andria1968]

Morning

 

I have signed up with Noodle. Whilst I don't have a high credit score (I don't have any loans or mortgage or credit cards etc) nothing appears in the last six years. Could it be a bill? I absolutely do know that my ex husband did not pay any bills until early 2009. Anyway. I have downloaded and changed the document accordingly and will send it special delivery asap.

 

I will return. It's all quite confusing.

[citizenB]

If there is nothing on your credit file, it is possible that this debt could be older than 6 years. I have drafted a further letter for you to send to the solicitor - below. This request is purely for information, if we can establish when monies were last paid or liability acknowledged, it is possible we could find this debt is statute barred.. fingers crossed. This doesnt mean that the debt is extinguished, just that after 6 years of non payment or acknowledgement of liability - the claimant is unable to bring an action in court to collect.

 

You will need to reconvert the document back to word and fill in the blanks where necessary. Again, this goes to the solicitor named on the claim form.

 

[ATTACH=CONFIG]51672[/ATTACH]

[Andria1968]

Bloody hell you are awesome, big huge thank you!

 

For the record I am ok to agree a payment with *whomever* providing I am presented with whatever proof is required that demonstrates I do indeed owe something to someone. I really wasn't having a good time back then so I am a bit confused as to what it is. Or isn't.

[dx100uk]

I would not pay anyone yet

 

till you lose [fat chance me thinks of them winning]

[Andria1968]

Once again a big bucket load of gratitude. I guess you guys are aware of how amazing your forum is but it never hurts to hear it said again

[citizenB]

Once again a big bucket load of gratitude. I guess you guys are aware of how amazing your forum is but it never hurts to hear it said again

 

It certainly doesnt, thank you

[Andria1968]

Just a quick hello and to say that I sent the forms of last week. I await a reply.

 

As an aside I was going on holiday last Friday and was involved in a road traffic accident and my car was written off so

I am having a good week

[Andria1968]

I have heard nothing from the claimants.

 

I failed to acknowledge the claim by the 4th.

 

I'd got the damn 14th July in my head.

 

I guess it is now over, judgement will have occurred.

 

I still have no idea what it is for -

though my bank manager friend said it will be water rates but I don't owe the water board a penny.

 

How do I proceed from here.

 

Again advice greatly appreciated.

[Andria1968]

I have called the County Court.

 

They have informed me that I can still acknowledge the claim four days late.

 

I was asked if I wanted to defend or not.

 

I explained that I can't say as I have no idea what the claim is for.

 

She advised me just to call them and ask 'it is that simple, why not just call then',

 

I explained that I had been advised not to do so and to document correspondence etc.

 

She simply gave the the number of the claimants and said 'call them and ask'.

Mildly confusing.

[AndyOrch]

Acknowledge and defend all then clarify

[Andria1968]

They have judged against me and yet I have no idea what it is for. None. So now what. And the claimants have not replied to my CPS letter.

Edited July 14, 2014 by Andria1968

[AndyOrch]

Did you submit a defence?

[Andria1968]

Ok well I caved in and called the claimants.

 

They won't tell me however it was passed to the legal team who have said that yes,

they have received my CPS but haven't sorted out the info in order to send it to me.

 

So - I have 30 days from the date of judgement to pay £396 otherwise the judgement will stand.

 

I have explained my perspective to the claimants and that I need to know what the hell it is for.

 

Is there some kind of protocol for this.

 

And thank you once again.

[Andria1968]

Yes but it was after the cut off date. I misunderstood where I was defending. I spoke to the court and they said defend anyway. Currently cannot do anything.

[AndyOrch]

Yes its called defending and submitting on time...did you submit a defence?

[Andria1968]

For the record the letter states that I can pay the full amount within 30 days and the judgement may be removed. Is that likely?

[Andria1968]

No. I didn't.