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Arrow Global Guernsey v Legallystressed re old Providian Account


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Hi all,

 

I received a claim from Arrow as follows:

 

Issue date 18th June.

 

Particulars of claim: The claimants claim is for the sum of £7,800 being monies due from the Defendant to the Claimant under a regulated agreement between the Defendant and Providian and assigned to the Claimant. Notice of the assignment has been provided to the Defendant. The Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. AND the Claimant claims the sum of £7,800 together with the costs of this claim. 17th June 2014 Signed by Claimant's solicitor (named person) from Blake Lapthorn.

 

Background

 

I had quite a few credit card accounts that I got into debt with years ago due to me losing my job and I had a management programme in place set up by the citizens advice. I recall Providian being one of them. but this was around 8 years ago and I thought that I had settled all of them. I have received the odd letter from DCA's chasing monies that I feel were paid in full and final settlements so I just ignored them. I would be very surprised to find that a payment had been made to any credit card debt in the last 6 years so considered them to be statute barred. As there is no agreement number given in the particulars of the claim and very little detail, I really can't give any further information I'm afraid.

 

Acknowledged 23rd June, CPR request letter sent 24th June (recorded). Delivered, signed for 24th June 2014.

 

No response received. I have the email address of the Claimant's solicitor who signed the claim and would rather chase this up with her direct rather than telephone and speak to receptionists etc.,and be fobbed off but would appreciate some guidance on whether this is the best route to take and some help with wording the email please. Thanks in advance

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You certainly need to establish when the last payment was made to the account.

 

I am assuming you requested copies of the Default Notice, Agreement and Notice of Assignment as they are all mentioned within the claim form.

 

If you are pretty confident that no payment has been made then you could submit your defence on that basis and it would then be down to the Claimant to prove otherwise.

 

I will ask one of hte site team to look in and see if they can advise further.

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Thanks for your quick reply. I did request all of those docs. I am certain that no payment was made but not definate and I have heard of phantom payments occuring on accounts! I think it probably best to see what they come up with first and take it from there. The main thing I need help with is how to word an email to the solicitors re: not complying to my CPR and asking for an extension etc. Hope somebody can help with this as I would really like to get this done first thing Monday if poss

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Righto, well you just need a simple letter to them requesting extra time under CPR15.5

 

You can only agree an extra 28 days between yourselves - after that an application needs to be made to the court.

 

Something along the lines of..

 

 

 

Dear Sir or Madam (or named person)

 

Re: Arrow Global v Legallystressed

Case No: 12345678

Your ref: Any other reference

 

Subject : Request for extra time under CPR15.5

 

You have recently issued a claim against me - however your Particulars of Claim are vague and you do not even provide a contract reference, so I have not idea what the claim refers to. Plus you have not responded to a CPR 31.14 request.

 

I am requesting that you agree to extra time in order for you to fulfill those obligations and provide me with sufficient information in order to submit a proper defence.

 

If you are agreeable to this, please confirm. As you are aware, it is the defendant's duty to inform the court of any agreed extension.

 

yours etc, etc.

 

 

Your timeline is as follows..

 

Issue date 18th June + 5 days for service = 22nd June 2014 + 14 days to acknowledge = 06 July 2014 + 14 days to submit a defence = 20 July 2014.

 

You can send the following CPR part 18 for them to provide information regarding the last payment to the account. They are obliged to respond within 7 days which gives you sufficient time.

 

 

[ATTACH=CONFIG]51996[/ATTACH]

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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

1: How can BCOBS protect you from your Banks unfair treatment

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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Thank you so much, I will get on with that straight away. Can I send a cca request to Arrow without an account/agreement number and without this, would they still be legally obliged to respond as they would be with an account number given?

 

This is where it starts to get messy. If you dont have an account number, then you are stuffed. So the answer is no, if you dont have an account number, then you cant request anything.

 

It does however significantly assist your defence. IMHO, there seems little point in making contact with them. Your defence would simply be that the claimant has not fully complied with CPR in preparing their claim. No account reference has been provided - you do seem to be pretty confident that no monies have been paid for over 6 years.

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

1: How can BCOBS protect you from your Banks unfair treatment

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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Well I still haven't had any response whatsoever from Blake Lapthorn. Neither to my original CPR request delivered on 24th June nor to my email reminder to the solicitor named on the poc asking her to agree to an extension. I want to write a letter now to her stating that this is their final opportunity to agree to an extension otherwise I will ask for an unless order. Am I right in doing this and can someone help with the wording or point me to a template letter please?

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You cant force an extension...both parties must agree pursuant to CPR 15.5...just submit your defence on time...why allow them further time to either try to recover paperwork or even manufacture it.

 

Andy

We could do with some help from you.

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True Andy. I've been reading a lot on the site and there seems to be differing opinions on whether to put in a defence (which would only be a holding defence) or send a n244.

 

The main objective for me is to not have to attend at court. I have been to court a couple of times in the past and in my experience, I can tell immediately if the judge is for or against you regardless of the facts!

 

What would be your recommendation in light of this, n244 or defence?

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Did I mention an application? just looked over my reply and I can't see that. As far as I can gather, the n244 gives an order to the Claimant to produce documents requested in the CPR by a certain date or the claim is struck out or have I got this completely wrong?

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The N244 is an application...application notice.

We could do with some help from you.

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I advocate submitting a holding defence that puts them to strict proof to disclose.The claimant is not at liberty to disclose anything pre defence so it would be a waste of your £155 application fee and if they use council/barrister to defend your application at the hearing that will add another £1k to the days costs.

We could do with some help from you.

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You must file a Defence no matter what.

 

If you then want to make an N244 application you can but I would not advise it. It would require a hearing in which case Andy is correct that the fee is now £155.00.

 

Disclosure will take place later on once the Court has ordered it.

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I heard back from the solicitors yesterday:

 

I can confirm that we are in receipt of your letter dated 23rd June 2014.

 

We are currently seeking our client's instructions regarding your CPR Parts 15.5 and 31.14 requests and will revert to you as soon as possible.

 

In the meantime, as you have filed an Acknowledgment of Service in this matter, please note that we are not able to proceed with the claim and enter Judgment against you until 21st July 2014 in any event.

 

We will aim to update you further by 5pm on Wednesday 16th July 2014.

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Thats fair enough...see what transpires.

We could do with some help from you.

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Hi everyone,

nothing in the post this morning from the solicitors so unlikely now that I will receive anything.

 

 

I believe I now have 2 options.

 

 

Make an application under non compliance with cpr request which I have been told could involve costs however,

 

 

I have since been advised that I could apply for a remission of fees due to personal circumstances

OR, I could put in a defence which has to be done by Friday.

 

 

Any advice would be welcome with pro's & con's to both routes if poss please so I can understand the process better.

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As advised above far cheaper and less risky.

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 OTHER

 

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

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  • 5 weeks later...

Hi everyone, The solicitors agreed to an extension for me to file a defence and that time is now here. I would be so grateful if somebody could please advise on my draft defence? The extension was to 18th August but I really would like to get this in today as it's unlikely now that I will get any documents from them. Many many thanks

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  • 3 months later...
Hi,

 

With the help of andyorch and all other valued members of this forum I have now received a Notice of Discontinuance against all of Arrows claim. I understand that I should be able to claim costs as a Litigant in Person and hoped for some further guidance. Thanks again for all the invaluable information and help on the site.

 

Hi,

 

 

I currently have a similar claim from these jokers which has just been stayed due to them not coming up with the goods!

 

 

They have recently written to me asking me to send an income and expenditure form.

 

 

Just wondered if they did the same with you and how do you get a discontinuance from them? Hoping you can help

 

Hi, claim has been stayed due to no response from Arrow. I have not yet received any paperwork from Blake Lapthorn but recently received this letter. Can somebody please advise if I should ignore it or reply and if relying, what do I say? I am not prepared to complete the expenditure form btw as I do not want to give them ANY information about me and I don't want to enter into any arrangement with them if they do not have any evidence that I owe anything. Any help would be appreciated

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Hi, I currently have a similar claim from these jokers which has just been stayed due to them not coming up with the goods! They have recently wrote to me asking me to send an income and expenditure form. Just wondered if they did the same with you and how do you get a discontinuance from them? Hoping you can help

 

Hi, firstly I would not send them any details whatsoever!! Any income and expenditure can be reviewed after any mediation (if it even gets that far).

 

I assume you entered a defence? If so then I seem to remember they had a time limit to provide the response. I followed up with the court but fortunately Arrow wrote to me to state they would not pursue this claim. So if the defence is in, and they did not respond, then just a matter of time before they come to their senses (hopefully).

 

Other on here could give you a bit more detail. Would need to check my files for the exact events that too place.

 

Good luck.

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posts moved to your own thread

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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