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Lowell/shoe's Claimform - EGG Pers Loan

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Hi,

 

I have debt from pre 2007 which, after a few years of creditors leaving me alone

is now coming back to haunt me full pelt

in the form of solicitors letters from Debt Collectors.

 

I suspect this is because they have wind via the land registry that I bought my parents house two years ago

(to help them secure a more affordable mortgage after their ill health prevented them from working).

 

The last time any of these debts were acknowledged was February 2011 when a DMP made a payment on my behalf.

 

However I do not know any more which debts are still outstanding.

 

I have suddenly been hit with a County Court Claim form (dated 12th August)

saying that Shoesmiths LLP are claiming money for a debt (pre 2007) on behalf of their client Arrow Global Ltd.

 

Before the Claim hit me I wrote to Shoesmiths asking for proof of this debt and

they responded to say they note my comments and have asked their client for a copy of credit agreement

, statement of account T&Cs and notice of assignment.

 

They said my account would remain on hold until the above documents are received.

However I got no further correspondence to say they had secured any proof of debt

and the very next thing I got was this county court claim form!

 

I responded to the claim form online by filling out the acknowledgement of service, saying I intend to defend the claim.

 

Now what do I do in regards to the defence?

 

I am not sure if the debt is mine as I have seen no proof of it.

I know it is certainly pre 2007 if it is.

 

However there is a chance that a payment could have been in Feb 2011,

but this payment like I said did not come direct from me but a DMP so I have no record of it.

 

I want to be able to file a defence saying I do not acknowledge the debt is mine but not sure how I do this?

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

 

 

Can you please answer the questions asked in the above thread, and post your responses back here please.

 

If the date of issue on your claim form is the 12th August you are fast running out of time.

Timeline is..

 

Date of issue 12.08.2015 + 5 days for service = 16.08.2015 + 14 days to acknowledge claim = 30.08.2015 + 14 days to submit defence = 13.09.2015.

 

I see you have acknowledged the claim that is good.

 

If they have not complied with your s78 (request for agreement) then they should not be able to obtain a judgment against you.

 

I will flag your thread for help from the site team. Meanwhile, would you please provide answers to the questions in the thread I have linked so people can help you properly.


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Name of the Claimant ? Arrow Global Limited

Date of issue - 12th August 2015

 

What is the claim for –

 

The claimant's claim is for the sum of 20k being monies due from the defendant to the claimant

under a regulated agreement between the defendant and Egg Banking plc

and assigned to the claimant on 08/02/2013 notice of which 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.

The claimant claims the sum of 20k.

C has complied, as far as is necessary, with the pre action conduct practice direction.

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Personal loan

 

When did you enter into the original agreement before or after 2007? Definitely pre 2007, likely 2002 or 2003 but not sure as I have no records of this at all.

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. Arrows Global are the debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? I have no memory or record of it

Did you receive a Default Notice from the original creditor? Not to my knowledge

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

 

What was the date of your last payment?

I've never paid Arrows as never saw any proof of debt from them

. Nor have I ever acknowledged debt as saw no evidence it was mine

 

Was there a dispute with the original creditor that remains unresolved? NO

What do I do now?

 

And I have just checked all my correspondence now

and I am 100% I have never paid Arrows Global Ltd any monies ever

and I have never acknowledged this debt.

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And I have just checked all my correspondence now and I am 100% I have never paid Arrows Global Ltd any monies ever and I have never acknowledged this debt.

 

You say you made payments Jan or Feb 2011 so you have acknowledged the debt

 

Send off CCA request to arrows

 

CPR request to solicitors

Defend all

Stick to timelines of court paperwork


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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I would go with CCA request

And CPR request

 

I expect they will not be able to supply the information

 

And provide a exstention of time for defence

 

Before dropping the case

 

There is still plenty of time to file defence

 

Have you acknowledge the court paperwork

And defend all


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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as IHB says

 

 

CCA request to the claimant

CPR to the sols - remove the line requesting more time to file a defence.

 

 

forget the other advise for now

 

 

dx


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Thanks everyone

 

Shoosmiths have cited that all correspondence should go to them not to Arrows. Therefore am I okay continuing to request proof of debt direct from them or do I still separately have to go to Arrows?

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std rubbish please follow post 7

 

 

dx


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Thank you again.

 

in which case do I sent a standard CCA request to Arrows

 

or do I mention that I had in fact requested this already through Shoosmiths but it has not been forthcoming?

 

And do I need to still give them 12 days?

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yes

no

no

 

 

you file the no paperwork/holding defence regardless by 4pm 11th sept

 

 

post it up here first and we'll check it.


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Hi

 

Thanks for your advice. I have now received a letter from Shoosmiths stating....

 

Please accept our apologies for the administrative error occurred and note your account is in fact on hold pending receipt of the requested documentation from our client.

 

Please rest assured no further contact or proceedings will be issued in the interim.

 

 

Additionally please keep the Claim Form for your records should you need to respond to this in the future.

 

 

Should we be in a position to avoid such proceedings, once your query has been resolved,

we will simply discontinue the Claim made without a detrimental affect to yourself.

 

What do I do now regards filing a defence?

 

 

I take it I still have to respond,

 

 

do I just file back a defence stating what they have said to me?

 

Many thanks again

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I wouldn't trust rectums as far as I could kick them

unless the court confirms the case HAS been disc'd by the time you need to file your defence

FILE IT!!

 

 

though it is looking good.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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I wouldn't trust rectums as far as I could kick them

unless the court confirms the case HAS been disc'd by the time you need to file your defence

FILE IT!!

 

 

though it is looking good.

 

 

dx

 

Very true DX but this is Shoosmiths :lol:


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Sorry diff name badge same ..:lol:...

Classic!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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File the defence just in case

I expect things will go quiet for a while

 

They wasted their money by the looks of things

Ignore any begging letters you may get from them


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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You cannot and must not trust these blackguards.

 

 

You must, however, start drafting your Defence against this claim. Your Defence must be filed to the Court by no later than 4:00 pm on 13 September 2015, which is a Sunday and therefore you must file your Defence by no later than 4:00 pm on Friday 11th September 2015, which gives you just 5 days from the date hereof in which to do so.

 

 

Post up a draft of your Defence so that we can peruse the same and advise you as to any amendments to make thereon.

 

 

Can you please confirm as to whether or not the agreement had any non-optional ppi on it and what the amount of ppi was and also can you please confirm if a valid default notice was served on you pursuant to ss.87 & 88 of the Consumer Credit Act 1974 (as amended) (“the 1974 Act”) and also the precise date upon which you entered into this regulated agreement with the creditor? The evidence on these facts are crucial to your Defence and, depending upon the ppi element, you may be able to completely defeat this claim on grounds of it being wholly irredeemably unenforceable, which will bring an end to the claim and mean that you are not obligated to pay a single penny to the creditor.

 

 

Further, again, depending on the ppi issue/element of this matter, you may have a cause of action against the creditor (a counterclaim) for recovery of the £20k that he claims from you.

 

 

It is common knowledge that creditors, their agents and their intermediaries undertook the so-called act of ‘mis-selling’ ppi to all consumers, however, such ppi has never been ‘mis-sold’ and has always been deliberately sold to the consumer with the creditor’s knowledge that such insurance is in fact absolutely worthless to the consumer but provides the creditor with a very lucrative means of making substantial profit therefrom for him (the creditor) and third parties (his agent, the intermediaries – the insurance provider) at the expense of the unaware consumer.

 

 

In a nut shell, ppi is a fraud on the consumer and the insurance documents relating exclusively thereto are in fact prohibited articles within the meaning of ss.1.7(b)(i) & 1.8(d) of the Police and Criminal Evidence Act 1984 because the same has been made, adapted and used by the creditor (and the third parties) in connection with his fraud on the consumer in contravention of s.1 of the Fraud Act 2006.

 

 

Further, the fraudulent selling to consumers of non-optional ppi by the creditors and the third parties involves generates the burden on the consumer of non-optional borrowing of funds to advance payment to the insurers to which the consumer is unaware and who will be re-paying such further credit (often hidden by the creditor in the Key Financial Information or in the details of the Mortgage Breakdown of Credit Advanced), whereby, such additional non-optional borrowing has been made by the creditor of his own decision without any reference to the consumer.

In this regard, the creditor, his agent and the intermediaries are in fundamental breach of the Insurance Conduct of Business Rules (“ICOB”), in particular:-

 

 

ICOB 2.2.3(1) R which provides:

"(1) When a firm communicates information to a customer, it must take reasonable steps to communicate in a way that is clear, fair and not misleading.

(2) Paragraph 1 does not apply to a firm when it communicates a non-investment financial promotion in circumstances in which ICOB 3 (Financial promotion) applies to the firm."

 

ICOB 2.2.5 G states:

 

"ICOB 2.2.3 R covers all communications with customers, for example, any oral or written statements, telephone calls and any correspondence which is not a non-investment financial promotion to which ICOB 3 (Financial promotion) applies."

 

A contravention of an ICOB rule by an authorised person such as CCL is actionable in damages at the suit of the person who suffers loss as a result of the contravention: see Financial Services and Markets Act 2000 s.150(1).

 

(See:- Figurasin & Anor v Central Capital Ltd [2014] EWCA Civ 504 (16 April 2014)

 

 

In such a case as referred, the creditor, his agent and any intermediaries involved in the process of the consumer’s application for a credit facility, whether regulated under the 1974 Act or by the Financial Services and Markets Act 2000 (“the 2000 Act”), as regards the ppi element, are in breach of both statutes and this conduct constitutes a contravention of s.21 of the 2000 Act which entitles the consumer to repayment of the entire debt pursuant to ss.30 & 397(1) of the 2000 Act, further, if the agreement was taken out by the consumer before 2006, pursuant to s.127(3) of the 1974 Act, the agreement is irredeemably unenforceable and this is because of the creditor’s failure to comply with s.61 of the 1974 Act because any ppi on the agreement would constitute a ‘charge for credit’ and such must be detailed by the creditor under key financial information set out in the agreement, if it is not, pre-2006 credit agreements regulated by the 1974 Act are, as said, irredeemably unenforceable against the debtor/consumer. (See:- Wilson v First County Trust House of Lords)

 

 

 

ibberty bibberty

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Hi,

 

Apologies to resurrect this post

despite my having filed the defence and Shoosmiths writing to say the claim was submitted as an administrative error,

I've been contacted again this week.

 

Shoosmiths have now written to me to say that further to my defence they now enclose.

 

Personal loan agreement

Default notice (system information as our client does not hold a copy of the default notice sent to you)

Annual egg loan statement

Notice of assignment between Egg and Brittanica recoveries.

Notice of assignment between Brittanica and Arrow.

 

In light of the information set out above we believe we have provided enough documentation to substantiate the claim against you.

 

We note that the issuing of this claim was an error due to the matter being placed on Hold.

As such should you wish to dispute the claim we are willing to provide you with a further 14 days (letter dated 15th Dec) to provide an amended defence.

 

Alternatively make arrangements to pay.

 

What do I do?

 

 

Will the court re open the claim and if so shouldn't they inform me?

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so did you contact the court back in sept and confirm the claim had been discontinued with the court?

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Forgot today,

 

loan agreement they've sent me a very blurry copy of is dated 2004.

 

The default notice is a weird download from their system.

 

The annual egg loan statement is dated August 2010 to an address I wasn't residing at.

 

Showing last payment received August 2010 which I don't have reflected in my bank statements.

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what do you mean forgot today...forgot what?

 

back in sept you were going to ring the court and check that the claim WAS discontinued...

 

if it IS..shoes are simply willy waving.

and can be safety ignored

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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ok and the court confirmed the case was discontinued?

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I phoned the court today to double check and they're saying it isn't discontinued only stopped.

 

 

They said the claimant would need to reapply to them to pursue further.

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