Arrows claimform - old GE debenhams Storecard + PPI counter claim

[Pumpkinhead]

Earlier this week I received a response to my S78 request enclosing a copy of the agreement plus copy of the T&Cs.

 

The T&Cs are not the right ones as they relate to Santander whilst at the time the agreement was raised GE Capital Bank were the people supplying the credit.

 

I've now received a reply from Arrow in response to my counterclaim for the PPI

and by way of service they have also sent me their Defence to counterclaim, Directions questionnaire and Notice of change of solicitor

- so unfortunately things have moved on after the small glimmer of hope last weekend.

 

The letter from Arrow says that I will have to contact Santander regarding the PPI policy

as they are responsible for handling all PPI enquiries related to the account as opposed to Arrow.

 

They they go on to invite me to withdraw my counterclaim and redirect the matter to Santander.

I will take a copy of the Defence to my counterclaim and post it up shortly. HAVE POSTED UP BETTER COPIES IN POST BELOW THIS ONE.

 

Are they correct in saying that the PPI is nothing to do with them, even if this debt has been assigned to them?

 

I also note that they have ticked the "No" box in the Fee section of the N149A

- does this mean that they still haven't paid the fee to the court yet?

 

Also the N434 change of solicitor form is unsigned - will that be an issue.

Edited December 5, 2014 by Pumpkinhead
Add photos of Counter Defence

[Pumpkinhead]

Any thoughts on this anyone. Do I need to do anything in response to their Defence to my counter claim? Help and comments really appreciated.

 

Many thanks

[Pumpkinhead]

anyone??

[panther12]

For the counterclaim I think, but could be wrong, that you have to add the OC as a defendant to the proceedings as only the benefit and not the burden can be assigned. To transfer the burden of a contract as well as the benefits under it, you have to novate. Like assignment, novation transfers the benefits under a contract but unlike assignment, novation transfers the burden under a contract as well.

[AndyOrch]

Correct panther...but ideally it should not really have been made against the claimant but against Santy as a separate action.

 

Novation is only possible with the consent of the original contracting parties as well as the new party. Consideration (the 'price' paid, whether financial or otherwise, by the new party in return for the contract being novated to it) must be provided for this new contract unless the novation is documented in a deed signed by all three parties.

 

Legal and equitable assignment

 

The Law of Property Act creates the ability to legally assign a debt or any other chose in action where the debtor, trustee or other relevant person is notified in writing. If the assignment complied with the formalities in the Act it is a legal assignment, otherwise it will be an equitable assignment.

Some transfers can only take effect as an equitable assignment, for example:

an oral assignment;

an assignment by way of charge;

an assignment of only part of the chosen in action;

an assignment of which notice has not been given to the debtor;

an agreement to assign.

 

Regards

 

Andy