Arrow - claimform - Old Egg Creit Card 'Debt'

[Willby]

Hi there,

 

I was hoping for some advice regarding best next steps in my defence against Arrow Global Limited Egg loans.

 

I sent out the CPR31.14 and CCA letters.

 

They have responded with a copy of the signed agreement but only two years worth of the account statements and no copy of any default notice.

 

I have a copy of their letter if you'd like to see that?

 

Any help would greatly appreciated as I have very little time to submit my defines.

 

Thanks, Will

[dx100uk]

please fill in the following

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

[Willby]

Thanks for the reply. Please see below for all answers. Also just to make sure, it was a loan not a credit card.

 

Name of the Claimant ?

Arrow Global Limited

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

21 October 2014

 

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) -

Sunday 23rd November (As thats a sunday should I submit on the friday beforehand?)

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 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 claimants claim is for the sum of GBP 15064.59 being monies due from the Defendant to the Claimant under a regulated agreement between the Defendant and Egg and assigned to the Claimant. Notice of the assignment has been provided to the Defendant. The Defendant has failed to make a 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 GBP 15064.59 TOGETHER with the costs of the claim. 20th October 2014.

 

What is the value of the claim?

£15064.59

 

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

Loan account

 

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

Before, in 2005

 

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.

The debit is pursued by Arrow who took over from Egg

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

I am not sure about this

 

Did you receive a Default Notice from the original creditor?

Yes and that has now elapsed as this was over 6 years ago.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

No

 

Why did you cease payments:-

Could not afford repayments

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 managementicon plan?

Yes I entered into a payment plan with PayPlan

 

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA1974 Section 77/78/79 request to the claimant for a copy of your agreement

(except for overdrafticon/ Mobile/Telephone accounts)

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

[AndyOrch]

Your defence is due no later than Sat 22nd November...if you submit it on a Saturday it wont be processed until Monday...therefore submit it on Friday 21st Nov before(4.00pm)

 

Regards

 

Andy

[Willby]

Thanks Andy

 

Would you have time to consider this case or direct me as to my best form of defence?

[AndyOrch]

Sure no problem Willby...what date was your last payment/acknowledgement and is this debt showing on your CRA,s files?

[Willby]

Thank you.

 

It looks like November 2009. No it has dropped off my credit file.

[AndyOrch]

Okay so Statute Barred is not an option...proceed with your CCA and CPR requests (if not already completed) I assume by now you have acknowledged service?

[Willby]

I have sent those out already and they have returned a letter, shall I post attach this?

[AndyOrch]

If you wish...please obscure any identifiable data and upload in pdf format.

[Willby]

Maybe easier to explain it then but please let me know if you'd like to see it.

 

There's a covering letter saying they have inclose:

 

A copy of the agreement

A copy of the terms and conditions

A copy of the originators statements (This only covers three years to 2008 where as the loan starts in 2005)

 

They returned my £1 postal order.

 

There was no copy of the assignment or any default notice.

[AndyOrch]

Only the agreement of any interest there...if you wish to upload it for opinion

[Willby]

Ok I have attached that page. Let me know if I have deleted too much information.

[AndyOrch]

Well it appears to be all there I cant really find any fault...unfortunately

[Willby]

They don't need to prove the default notice or show the full set of accounts for the loan?

[AndyOrch]

Well yes if that forms part of any defence...along with any Notice of Assignment and Notice of Sums in Arrears......not necessarily a full set of accounts...I simply stated that there was no errors with the actual agreement...that's all.

[Willby]

My last post didn't come through...

 

Do you feel I have a defendable position with that in mind?

 

Thanks in advance for all your help

[AndyOrch]

Well they have an enforcible agreement so they are 80% near the finishing line.

 

 

..it would depend what else you can offer by way of disputes

 

 

PPI unfair charges and interest.

 

 

.did you receive a default notice..

 

 

.did you receive a Notice of Assignment..

 

 

.have you been been receiving subsequent Notice of sums in arrears since the default and assignment?

 

You can defend almost anything if you know what you are looking for.

 

Regards

 

Andy

[Willby]

Hi Andy,

 

The main area of uncertainty is that they have only sent me two years worth of accounts and I am missing the first three years of the loan. So can I use that?

 

They did not inclose the notice of assignment in the letter they sent me following my request but do state they sent me one at the time. I'm unsure of that.

 

They also have not sent me any proof of default and there is no record on my credit file.

 

Do these make defendable points?

 

Thanks, Will

[Willby]

Hi Andy, I bet your inundated with these requests but would you have any time to help me start organising my defence, or point me in the right direction.

[dx100uk]

I've merged the PDF's for you

 

 

no PPI mind

 

 

dx

[Willby]

Sorry was that meant for me?

[dx100uk]

just to inform you

 

 

that's all

 

 

dx

[Willby]

Thanks very much.

 

Can you help me with the defence preparation?

[Willby]

Hi Andy,

 

I made a start on my defence. Please let me know what you think, attached.

 

Regards, Will