Court Claim Arrow Global, for Capital One Card

[GlasowGuy]

Hi,

 

Looking for some advise.

 

My wife has received a court letter from Northampton Court

 

It is for a very old Capital One credit card

 

This card has had no payments to it for at least eight years.

 

We are going to check her credit file to see if it has re appeared.

 

Claim is from

 

Arrow Global Guernsey Limited

 

Weirdly, She has an active capital one credit card now which she applied for a few months ago and was accepted.

 

What is the best way to respond?

 

Many Thanks

[theoldrouge]

even though the account appears to be statute barred

 

please read and answer the following as fully as possible

 

thread moved to financial legal issues as claim has been issued

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

[SabreSheep]

1) Log into Mcol and register using the password in the claim form

 

2) Acknowledge the claim

 

await further help here.

[BankFodder]

If you are sure that their claim is statute barred, then your defence should be:

 

1. The claim is denied
   
2. In any event any alleged debt is statute barred
   

 

You don't need to say anything else.

[GlasowGuy]

Name of the Claimant ? Arrow Globl Guernsey

Date of issue – 11-11-14

What is the claim for – the reason they have issued the claim?

 

1 The claim is for for the sum of £299.xx in respect of monies owing by the defendant

on a credit agreement held by the defendant with Capital One (list acct 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 sale agreement between Capital One and the claiment the claim vested in the claimant

who has a genune commercial interest. The defendant has been notified of the assignment letter

 

Contact Drydensfairfax solicitors

 

What is the value of the claim? Total (inc court fees) £374.00

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

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. Assigned and debt purchaser

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

Did you receive a Default Notice from the original creditor? Pretty sure - yes

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

Why did you cease payments:- We got into financial trouble around 2006/07 - i am ex BR - she just has some old credit cards debts

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? No

[GlasowGuy]

this account was opened in October 2002 ( according to checkmyfile)

 

The default date was Feb 2009

 

with a default in October this year

 

it is due to drop off her file in February '15

[theoldrouge]

you need to establish the date of last payment/acknowledgement of the account

 

ASAP CCA request to the claimant (in addition to cpr31.14)

 

register on mcol

 

acknowledge service

 

tick defend all

 

be aware of your date that your defence is due

[GlasowGuy]

Quick Update.

 

Defence filed and CPR and CCA requests sent.

 

Strangely, The Wifes Default dated , according to checkmyfile, has moved to March 2011.

 

On Equifax it is still defaulted on March 2009

 

any thing to worry about ?

[dx100uk]

I hope you mean you defended all

but did not enter your defence yet?

though if you are sure its SB's then no harm

nailing you colours to your flagpole early

 

 

dx

[GlasowGuy]

Its definately 100% stat barred.

 

just dug out first rental agreement for this house - dated 7 years ago.

 

We have not paid any old debts, that sounds awful, since we moved out.

 

just a thought,

 

If they somehow won would my wife get an instant CCJ or do you get 28 days to pay it before its registered?

[dx100uk]

you get 28 days

 

 

but they wont win.

 

 

no chance once the sb defence goes it and its so cut and dried.

 

 

they hope for a non contested default judgement.

by issuing 1000's of speculative claimforms..

 

 

easy money

 

 

dx

[GlasowGuy]

UPDATE:

 

Postal order returned.

 

Letter (from Arrow) inside says,

 

Thank you for you letter dated xx.xx.xx addressed to Drydnes Fairfax Solicitors and passed to our attention as the assignees of the above acct on xx.xx.xx.

 

We acknowledge your request for documentation pursuant to the CCA 1974

 

We will now process your request for documentation from the originating creditor and will revert in due course.

 

 

 

do we wait to see what happens now ?

 

Thanks

[dx100uk]

so at what stage are you at?

 

 

dx

[GlasowGuy]

Small Update:

 

MCOL no longer shows the claim number - it says unsubmitted and an error when clicked - website error maybe?

 

DX,

 

Claim was issued, defence filed and both CCA and CPR requests sent.

 

Arrow responded by returning the postal order and saying they were trying to locate documents - this was 02.12.14

 

Thanks

[dx100uk]

you did later file the SB defence yes?

 

 

by logging into MCOL a 2nd time later after you had first selected Defend all earlier and logged out?

 

 

if that's so what you are seeing is now the normal response from MCOL as that part is now over

 

 

dx

[GlasowGuy]

just to keep the thread updated:

 

Spoke to the court recently who said the case had been "stayed"

 

Advisor said if the case was to be re opened it would cost them money to do so.

 

Letter from Arrow this week saying they are still awaiting information and the account is on hold.

 

 

Is there a point when i can write to them saying basically " enough is enough, its SB now go away?"

 

Thanks

[dx100uk]

sadly wheh they issues the claimform the sb clock paused