Arrow/blake claimform - 2005 CITI card 'debt'

[jan78worsfold]

Hi,

I have just been issued a claimform from Arrow Global Limited by their solicitors Blake Lapthorn.

 

I have issued the acknowledgement of service

and would very much appreciate some help and advice and how to defend this.

Sorry history is quite long and apologise for this.

 

In a nutshell,

 

1.Approached citifinancial in October 2005 for a loan of £10,000.

 

Due to my credit history they were unable to offer £4,000

(or 4,000: cannot recall as I don’t have the paperwork and Citi have failed to provide this.

It was at an extremely high rate and they sold me 2 different PPI policies,

one for disability & insurance cover

and one for takecare cover.

 

I had pre-existing medical conditions and told them I did not need this as I had long term disability and sickness cover

and life assurance through my employer.

They advised that if I did not take the cover, the loan would not be approved.

 

2.Within a couple of months they rang to say I could now have the £10k and would give me a better interest rate.

I went in to sign the paperwork and again they sold me another 2 policies.

They were always up front policies with interest charged on them at the prevailing rate.

 

I again reiterated that I did not need these policies but without them they could not proceed.

I signed the paperwork and was not provided with a full redemption statement to show how they had arrived at the redemption figure

bearing in mind I had paid up front PPI fees on 2 different policies.

 

3.3-4 months later, they rang again and said they could lower my interest rate but I need to complete a new loan form.

I said I did not want to borrow any more money and if I wanted to lower the interest rate I had to add a small amount on, which I did.

 

Again, they sold me 2 PPI policies, one disability and takecare cover and both added to the loan with interest.

 

4.The insurance application form attached to the third loan agreement is dated 21/7/2006 signed by me and witnessed by Citi,

but I now notice that the CCA agreement is dated by Citifinancial 21/7/08.

 

I also have a fax copy of the third loan agreement with a date of 1/9/2006 issued with an account.

I am not sure why the loan agreement is dated some 2 years later by Citi. Maybe it’s their writing.

 

5.In early 2008 I complained to Citi about mis-selling so many up front policies that I did not need and had pre-existing medication conditions.

They rejected my claim and I made a claim via the Ombudsman.

 

6.I lodged a complaint with the Ombudsman on 22/5/2008.In August 2009 the Ombudsman upheld my complaint

and ordered Citi to put me back in a position had I not been sold the 6 PPI policies in total.

They were also asked to re-calculate each loan on the basis these had not been sold,

as the redemption figures carried forward to each new loan would have been different.

 

Again, on the third loan which is the on-going dispute and which has been sold to Arrow was to be re-calculated

on the basis of the new figures brought over to each loan and to also re-calculate the balance without those policies.

 

7.In early December 2009 Citi wrote to me with some calculations and a cheque for £3010.22 for a refund of the PPI premiums with interest.

Their calculations were minimal and did not provide the new redemption figures

and the new carried forward balances of each loan as instructed to do so by the Ombudsman.

 

The PPI and Takecare cover premiums on the 3 loans were a total of £5102.05 and £2509.81 in interest, making a total of £7611.86

 

8.From that date on I have written to Citifinancial to ask for the full computations and calculations

as it seems they only gave a breakdown as PPI refund due, plus interest and nothing else.

 

They have not re-wrote each loan to reflect the totals without the policies

and this in turn would have reduced the balance carried forward onto loan 2 and 3 and 3 being the loan still valid.

 

9.On 15/12/2009 I received a letter from Citifinancial saying I owed £10,194.46

 

10.Letter received 10 May 2012 from Citifinancial saying

“some important news about your loan” transferred from Citifinancial to Britannia recoveries S.a.r.l.

acting in the name on behalf of its compartment “Atlas” (Britannica-Atlas)

and will be managed by Arrow Global Receivables Management Limited will take place on 21 May 2012.

 

The transfer involves the assignment of all CitFinancial’s rights as lender to Britannica-Atlas

who have agreed to perform the obligations of CitiFinancial under the terms of your Citi loan agreement.

 

From May 2012 references to “we”, “us” “our”, “the Lender” and Citifinancial in your Citifinancial Loan agreement terms and conditions

will become references to Britannica-Atlas and any references to the “group of companies”

that include Cit will also become references to Britannica-Atlas.

 

We are working closely with Arrow Global Receivables Management Limited to ensure a smooth transition of your account

and they will be writing to you shortly to provide revised payment instructions. In the interim period, please continue to make payments in the usual way.

 

11.Letter received from Arrow Global receivables management limited is acting agent for Britannica recoveries S.a.r.l.

– Atlas with Westcott Credit services dated 7 August 2012 with a statement from July 2011 to June 2012 showing a balance of £10,316.72.

 

12.Wrote to Westcott Credit services in August 2012 to advise Citifinal had not provided the information requested as per my SAR request,

they had not re-written the loan as instructed to do so by the ombudsman.

 

Also wrote in August and September to Arrow Global on 25/9/2012 for full SAR request.

 

13.Letter received from Arrow Global receiveables management Ltd Manchester

saying an adjustment has been applied to your account so the balance was now £9320.78.

 

14.Letter Westcoff Credit Services dated 21/9/2012 balance of £9320.78 outstanding.

 

15.Letter dated 17/08/2012 from Citi saying Arrow will reply with SAR details and confirming

I should write to Arrow Global Receivables Management Ltd in Manchester.

 

16.I then had to contact the Ombudsman again in 2012 as I became aware they had not reimbursed me for the Takecare

policies as instructed to do so by the Ombudsman.

 

The Ombudsman had to re-open the complaint, readdress the lack of full refund and on 1 November 2012 wrote to say it was correct,

they had not refunded me for the Takecare policies and this would be forthcoming.

 

Again, they could not provide the recalculated loan agreements as per the Ombudsman’s decision.

 

 

I received a further £700 for these other 2 policies.

 

17. On 12/12/2012 I sent a letter to Arrow Global Receivables Management in Manchester for a SAR request with a £10.00 fee.

 

They sent some information but nothing which I asked for.

They sent me information that was more internal, a credit reference report

 

In fact, minimal information. No statement, no notice of assignment and I have never received any notice of assignment.

To be honest, I am not sure who owns the loan, Atlas or Global.

The summons is from Global, but citi say it was sold to Atlas.

 

18.Letters continued to be sent to Arrow Global for the full SAR request but since nothing has been forthcoming.

 

19.Letter from Black Lapthorn dated 2/12/2013 saying they act for Arrow Global. Our client has purchased the debt and chasing payment.

 

20.Letter to Black Lapthorn dated 4/12/2013 saying I do not owe Arrow Global. I

am still in dispute with Citi and still waiting for them to re-write the loans as per the Ombudsman’s instructions.

 

21.Letter Black Lapthorn dated 7/12/2014 saying I have submitted a data request

but saying our client has received no such request but Arrow’s letter of confirming the £10.00 fee

and the information was sent was worthless as it contained none of the documents I requested.

They asked that I make another SAR request and send another £10.00.

 

22.Letter Arrow Global Bedford Row dated 3/9/2014 saying the notification of account transfer to new agency Black Lapthorn.

 

23.Letter 17/9/2014 to Blake Lapthorn stating I have never received any Notice of Assignment.

I have sent a SAR request in 2012 along with Citigroup and Westcott breaching the regulations as they have failed to provide the documentation.

I also state that I have already paid a £10 fee in this regard to Arrow.

 

24.Letter Blake Lapthorn dated 1/10/2014 saying we act for Arrow.

Our client will reconsider suitable payments.If no reply within 14 days, they will issue court proceedings.

 

This is now where I am up to with them, a court summons from Arrow Global, Bedford Row and their solicitors Blake Lapthorn.

 

I am exasperated, exhausted and have spent some many hours of research and writing letters.

I am prepared to defend in full and do not want to pay them another penny due to the constant harassment

and total lack of consideration to provide me with the recalculations, and information requested by me and the instructions from the Ombudsman.

 

Your help is very much appreciated and I can see it is a whole long history

and I now find very confusing as to who actually purchased the debt as Citi say Atlas.

 

I really don’t know where to start with my defence,

I also want to consider a counterclaim against them for all the man hours, time and money

I have spent on this just trying to get the data and information that I am entitled to.

 

Thank you very much.

J.

Edited October 30, 2014 by citizenB
formatting

[citizenB]

I have added some spacing into your post to make it easier to read.

 

Righto.. you have actually received a claim form. Ok.. Can you please read the link below - copy and paste the first post of that link into THIS thread - with your answers along side the questions..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

[jan78worsfold]

Hi yes, claim form. I went online yesterday to lodge acknowledgment of service and notice of intend to full claim. Thank you

[jan78worsfold]

Thank you. My replies are in blue

 

Name of the Claimant ? Arrow Global Limited R/O,.20-22 Bedford Row, London WC1R 4JS

Date of issue –24/10/2014

What is the claim for

– the reason they have issued the claim:

 

 

The Claimant’s claim is for the sum of £9320.78

being monies due from the Defendant to the Claim

under a regulated agreement between the Defendant

and Citifinancial Europe plc 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 £9320.78 TOGETHER with the costs of this claim. 2. 3rd October 2014.

 

What is the value of the claim: £9320.78 (costs bring total to £9830.78)

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

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

Yes, as the final loan was consolidation of loan 1, and 2

which were new to change the interest rate but third loan (disputed loan) before 2007.

 

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. Not original creditor, but debt purchaser.

Were you aware the account had been assigned

– did you receive a Notice of Assignment? No. Only letter from citi saying it had been sold to Atlas but no Notice of Assignment.

Did you receive a Default Notice from the original creditor?

Can’t recall. Although a default was on my credit reference and that was removed on 30/8/2014 due to the six years.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments:- Financial problems, big reduction in salary.

Was there a dispute with the original creditor that remains unresolved? Yes.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management[ plan?

 

 

I did communicate with them, and try to resolve the dispute of the amount that was finally due after the PPI mis-selling.

They were ordered by the Ombudsman to re-write each loan so that the third loan was correct

and to put me back in a position had they not been sold.

[jan78worsfold]

Any advice on drafting defence? thank you

[theoldrouge]

if you have not done so, asap , by recorded delivery

 

a CCA request under s77 to the claimant

 

a CPR31.14 request, for all docs mentioned in the POC to claimants solicitors

 

thread moved to Financial Legal Issues, please continue to post here

[citizenB]

Righto, your timeline is as follows..

 

Issue date 24.10.2014 + 5 days for service = 28.10.2014 + 14 days to acknowledge = 11.11.2014 + 14 days to submit defence = 25th November 2014.

 

I see there was a return of PPI to the account - I am not sure whether this would be considered as a payment towards it. Aside from that when was the date of the last payment that you made to the account please.

 

You have plenty of time to submit a defence - I have asked those members of site team who advise on this forum to look in on you with further advice. Meanwhile you should ensure you have all the paperwork that you will eventually rely on. Either from your own stash or by using the CPR31.14 request to obtain this.

[jan78worsfold]

Ok, thanks. I will get those off Monday. Last payment I believe in 2008

[jan78worsfold]

Do I need to send the CCA section 77 request to Arrow Global Limited Bedford Row address, which is the address on the summons?

[jan78worsfold]

I have sent my CCA request to Arrow's registered address and having checked the royal mail website,

no-one has signed for it as I assume this is just their formal address

but that's the address on the summons so that's the one I will use.

 

Looking back on my paperwork the last payments date back to late 2007

[dx100uk]

ok all done then.

 

 

now use your time wisely

read a good few threads in this forum.

 

 

and lookout for the holding/no paperwork defence in prep.

 

 

dx

[jan78worsfold]

Hi, I

 

received a copy of the CCA agreement yesterday.

 

I did ask for loan A, B and C as they were ordered by the Ombudsman to re-write each loan as every time a balance was carried forward

, it was incorrect in that the redemption included the PPI.

 

I only received the current loan agreement from Arrow.

No statements, no default notices and no assignments.

 

From a letter from Citifinancial in 2008 they say the account was assigned to Britannica Recoveries S.a.r.l in Luxembourg

and from the Arrow letter received yesterday Britannica Recoveries in Luxembourg have assigned to Arrow.

 

I have never received any Notice of Assignments from either.

 

I have received no statements or breakdown of payments made to the current agreement,

and as the Ombudsman ordered Citifinancial to re-write the current agreement (plus the other 2 agreements)

to ensure that the correct figures were carried forward, which they never did.

 

I have a few days more to prepare a defence

 

can anyone help and on what basis and I feel I want to make a counterclaim.

 

I have spent so many years in correspondence Citifinancial and the Ombudsman on this.

Also, when the ombudsman ruled about the PPI, as Citifinancial had sold me 5 different up front policies in total,

they only paid up for 3 of them, and I have them to write to the Ombudsman again to re-open the case to have the other 2 dealt with,

even though in their original decision they had to refund every single one.

 

I have so much paperwork and it has taken up so much of my time and they do not want to seem to recalculate the loans

to which the current agreement would have been a different amount.

 

I haven't made any payments since late 2007 to Citifinancial.

 

Thank you, your help is appreciated.

[dx100uk]

concertrate on this loan only for now

that's the one on the claimform.

 

 

so they [the claimant] have returned the signed agreement for the loan number detailed in their PoC?

 

 

do the T&C's match the date of the agreement?

 

 

dx

[jan78worsfold]

Hi, shall I upload the agreement.

 

 

To be honest, I am not sure if they have included all the T&C's.

 

 

There is a section of key information after the breakdown and at the bottom it say's important

- read this carefully to find out about your rights,

 

 

(1) - (3) and then on the next page says if you want to know more about your rights under the Act,

contact local trading standards department.

 

 

The rest is Data protection,

and the other pages are for the insurance they sold me and notes with that too.

I have never had any separate terms, just that small section of key information.

 

I will copy and upload

[jan78worsfold]

I notice that is says

 

 

"I understand that I am purchasing the product(s) ticked above on the credit provided by you

and that the terms relating to the credit for the products can be found in clauses 1(a) and 5(a) in this agreement.

 

 

I have never had, nor have they provided any terms and conditions other than the key information on the CCA.

[jan78worsfold]

Tried again and have managed to upload. Thanks for your help

[jan78worsfold]

Also, the loan agreement number is not on the POC

[dx100uk]

really so they could produce anything claiming its the CCA for the one

the claim is about

 

 

oh dear.

 

 

dx

[jan78worsfold]

Yes, and according to CitiFinancial assigned to Britannica recoveries but have never received any notice of assignments. No t&cs only that small piece of key information and data protection information. Is anyone able to help with my defence. Thank you

[dx100uk]

nearer the time yes I expect

you have until the 25th

 

 

dx

[jan78worsfold]

Would I have a defence for statue barred. I have not made any payments to this Citifinancial loan since 2007?

 

thanks

[dx100uk]

if you are 100% sure is IS SB'd then you can file the SB whenever you like before the 25th

 

 

but post it here FIRST to get it checked.

[jan78worsfold]

I have looked into the limitation act and pinsent masons definition of statute barred

 

 

Contract l Within six years of the date of breach l The cause of action occurs as soon as the contract is breached. By contrast, in tort, no cause of action arises until all elements of duty, breach and damage are present l Unlike tort, the limitation period cannot be extended on latent damage grounds.

 

 

I haven't made any payments to citi since 2007. I know from my credit record that CitiFinancial defaulted me in August 2008 and Arrow on the same date as Citi for the same debt about 3 years ago. the default came off my credit record in August this year as its now passed the six years.

 

 

I would like to submit my defence on the debt being statute barred and if I do so, would I then be able to defend on other grounds too. I only ever had a letter from Citi saying they assigned the debt to Britannica recoveries S.a,r.l. in Luxembourg but arrow are saying it was then assigned from Britannica to arrow, no notice of assignments having ever been received.

 

 

I would like to submit my defence next week. Thank you for your help

[dx100uk]

you cant 'mix' the SB defence with anything else.

 

the default has fallen from your CRA file

 

and that coupled with the fact that your have good memory of no payments

 

I'd file the SB defence.

 

transfer of any debt around various fleecers does not change an SB date.

 

just remember though, and to be clear...

 

there is NO direct relationship between any registered default, nor any issued default notice and the statute bared date.

 

 

..................

 

 

I deny any indebtedness to the claimant.

 

I put forward that this claim is statute barred pursuant to the provisions of section 5 of the limitations act 1980

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract,

in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

 

.............

dx

 

 

 

 

[jan78worsfold]

I wished I could find my old bank statements

 

 

from the last statement I had from Citi was showing a payment no late 2006 before I lodged a claim about the PPI.

 

 

I'm worried if I submit a SB defence,

 

 

if and when it goes to court they can show it wasn't statute barred

 

 

and as I'm a litigant in person it would be harder for me to defend this as I don't have the last statement.

 

 

if I lodge a defence no NOA

 

 

could I ask to re-amend defence and then change to statute barred.

 

Also do these debt purchasing companies issued summons without the account number?

 

 

Really feeling confused and don't know what to do