Arrow/reston claimform - 'Company Account' MBNA credit card 'debt' - poss Statute Barred

[omz187]

Hi there,

 

I have received a Claim Form for a debt i believe to be Statute Barred. The Claimant is Arrow Global Guernsey Limited and they are being represented by a Solicitors firm. In the Particulars the Contract date is 12.07.2008 whilst the assignment date to claimant is 20.12.2011.

 

I am pretty certain that there has been no payment from 2008 onwards and any previous payments were initially made from a company account where the company has now been dissolved. The company used my credit to obtain a credit card.

 

The debt has never appeared on my Credit File (requested from Credit Expert) and still does not appear recently. I have older reports saved that show this has never appeared.

 

I have submitted a statue barred defence and requested information on the account.

 

They have now sent me the transactions list - the total debt is circa £14k including the court fees and solicitor fees.

 

The last payment was made on 1 April 2010 so it is within the 6 years, however, I am adamant that I have not paid this or the previous payments - I had no idea of the amount on the bill, I have no recollection of the actual debt. They have never directly pursued me for this debt in last 6 years.

 

Having looked through the list of transactions and payments just under £6k is a "Finance Charge" or "Bank Charge".

 

Any ideas or recommendation would be grateful

 

thanks

[renegadeimp]

Hi there. welcome to cag. Can you please fill in this: http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

I'll also ask a site team member to move your thread to the correct forum.

 

 

hey are refusing to accept the SB status, then you will need to demand full proof tht the payment was genuine AND was made by you.

 

Just out of interest, how much was it, as arrow are very well known for inventing payments, then running off when challenged.

[omz187]

Claimant is Arrow Global Guernsey Limited

 

POC states the following:

 

The claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and MBNA dated on or about June 12 2008 and assigned to the Claimant on Dec 20 2011.

 

 

What is the value of the claim? £14,472.15

 

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Virgin Money Credit Card

When did you enter into the original agreement before or after 2007? I think 2008

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

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? No

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

 

Why did you cease payments? I do not recall any debt on the actual card - I remember taking it out and that is it - do not recall any payments

What was the date of your last payment? As per info required 1/04/2010

Was there a dispute with the original creditor that remains unresolved? Not Sure

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? No

They have sent me a sheet detailing the following payments:

 

01/04/2010 £267.23

27/02/2010

 

They have sent me a sheet detailing the following payments:

 

01/04/2010 £267.23

27/02/2010 £259.09

29/01/2010 £299.95

01/01/2010 £266.15

 

All by direct debit.

 

Recent letter from Claimant Sols states they enclose a "List of Transactions" and Copy of Notice of Assignment served on 15.01.2012 (which I never received)

 

They state that the last payment was within the last 6 years and disagree that the debt is SB, they invite me to withdraw my defence.

[slick132]

Hi Omz,

 

Thread moved to the Financial Legal Issues forum.

 

Give us replies to the link posted in post #2. (you've just done this !)

 

[theoldrouge]

And the poc verbatim please

And the date of issue of the claim

Cca request under s78 to the claimant

 

CPR 31.14 to solicitors

 

For all docs mentioned in the poc

[obiter dictum]

You do not withdraw your defence

 

The onus is on the claimant to prove it is not statute barred, not on you

 

Get them to prove how, where, when, how any alleged payment was made

 

Make them sweat a bit

[omz187]

Hi There, I wrote Restons the letter with the CPR 31.14 request. This is the response received.

 

In response to your 31.14 request, please note the following:-

1. The claim was issued via the CCBC which is a procedure specifically provided for in the CPR. etc

2. We would also remind you that CPR 31.14 states: - "A party may inspect a document mentioned in -

a) a statement of case

b) witness statement

c) witness summary

d) an affidavil

 

you would have been provided with the T&C's at the tome the account was opened and hence see no reason why you require a further copy

 

. further, the documents you have requested are not "mentioned" in the Partciulars of Claim and therefore 31.14 does not apply.

 

on a voluntary basis, we enclose:

 

1. A copy of credit agreement signed by you on 10 June 2008. The agreement was executed online which is evident from you having to tick the box to validate the authenticity and integrity of your signature

 

2. A reconstituted copy of the Terms and Conditions which governed the account at the time it was opened

 

3. Copy of statement of account dated 10 Nov 2010

 

4. Default Notice served by MBNA 9.12.2010

 

Then they are inviting me to withdraw my defence.

 

However, they have failed to confirm the payment details that were used to make the payments as I am confident I did not make these and that this was the Company Account that the card was on behalf of.

 

I have never received any of the above documents previously and they have an address where I never lived.

 

They are claiming that circa £14k is owed,

however, looking through the list of transactions nearly £6k is a "Finance Charge".

 

It has never appeared on my credit file and hence I was never aware of this - it still does not appear on the same.

 

Do I have any scope to have this debt removed?

[dx100uk]

what date is on the top right of the claimform please

[omz187]

17th August 2015.

[obiter dictum]

You say company credit card

 

Is the company still trading, is it a LTD company>

 

If yes did you give a personal guarantee?

[omz187]

Sorry the card was on my name, but was taken out for limited company purposes. They were making the payments.

 

The company has recently dissolved.

 

I know that the payments were never made from any of my accounts,

 

I have not received any correspondence, updates and the debt has never appeared on y credit file which I save tentatively and have copies of over the last couple of years.

 

I was under impression that this account was closed and nothing owed.

[obiter dictum]

The account might well be in your name as an authorised user but was the credit card registered under your company name being a company credit/business card ?

[shamrocker]

I was under impression that this account was closed and nothing owed.

 

Do you mean that the balance was paid off in full at the time the account was closed? i.e. £0 balance.

[dx100uk]

What defence did you file please

 

So the claim is stayed

 

And until rectums pay to have the stay lifted

They can wave their dangling bits all they like

And send what they like

 

But until the court tells you the stay has been lifted

I'd treat rectums letters to unsettle you with a large dose of salts

 

Dx

[omz187]

My defence contained the Statue Barred disclaimer.

 

How do I know the claim is stayed, I have not received anything else from the courts.

 

appreciate your time on this.

[dx100uk]

claim is auto stayed 33 days after you file your def

 

 

dx

[omz187]

Ok, Defence was filed on 26.08.2015.

 

Should I request any more information from Restons or even reply to their last correspondence?

[dx100uk]

IMHO no.

 

 

was your def solely the SB one

or you mixed it in

 

 

could do with seeing it please

 

 

dx

[omz187]

Hi there,

 

I have now received an Application Notice from Restons asking the Court to deal with the Application without a hearing

as they do not believe that a Hearing is necessary.

 

They have stated....

 

Take notice that if the respondant to this application for summary judgement wishes to rely on written evidence at the hearing.

It must file a witness statement and serve copies on the claimants solicitors at least 7 days before the date set for the summary judgement hearing.

 

If the Court is not minded to deal with this application on an ex-parte basis the claimant seeks an order:

 

1. lift the stay on these proceedings

2. strike out the defence pursuant to CPR 3.4(2)

3. In the alternative to (2) above, an order for summary judgement against the defendant under CPR 24.4.

The defendant has no real prospect of successfully defending the claim

and there is no real compelling reason why the case should be disposed of at trial

 

4. An order that the defendant pay the Claimants costs on a contractual basis pursuant to CPR 44.5

[shamrocker]

When did you receive it? What is the date of hearing?

 

Sham

[dx100uk]

Can we see your defence please.....4th time of asking?

[omz187]

Sorry,

 

My defence said the following:

 

I believe the debt is statute barred pursuant to the provisions of Section 5 of the Limitations Act of 1980 and as such the claimants claim to be entitled to £15,223 is denied.

 

The Application Notice was received last week (midweek), there is no date for hearing... they seem to have made an application without a hearing.

 

I am confident that any payments that they are presenting were not made by me or from any of my accounts, plus from looking at the statement they have provided nearly £6k of the £15k is in "financial charges". It is a total farce.

 

Thanks in advance.

[AndyOrch]

Where did this application come from omz...your local county court or from Pestons?...You should receive notification from the court and they will insist on a hearing for this type of application.....and provide you a date.

 

As the claimant attached a witness statement in support if its application?

 

Regards

 

Andy

[omz187]

Hi there,

 

Thanks for the reply.

 

I have not received anything from the Court as yet, just the copy of the Application Notice from Restons insisting on not having a hearing and stating that I would receive a Court Order.

 

They have included a witness statement in their application pack.

[shamrocker]

You'll need to scan the witness statement and post it up - make sure to remove any identifiable information first (names, addresses, account numbers, references, claim number, etc)

 

It sounds to me like they may have made the application, albeit you've not been notified by the court yet. I'm no expert, but it sort of fits with a similar experience I had. Andyorch will confirm this though if you can post up the documents.

 

With regards your SB defence, I think you're walking on thin ice if you think the fact that the company made the payments instead of yourself will remove any liability for yourself. Nevertheless, you also have other issues to address - namely that significant difference between what you deem to the total due and what they're claiming.

 

Let's see the WS and we'll see what the guys suggest.

 

Sham