arrows/restons claim form - old EGG loan 'debt'

[BackintheBlack]

I have received a claim form from Restons / Arrow global dated 10th December.

 

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

 

The are claiming just short of £4000 for an old loan debt

 

The loan started in 2005 and should have completed in 2010. I was in a serious amount of difficulty in 2009.

 

I used the advice from another forum (cant recall which sorry) to send a number of template CCA request letters and the account has been in dispute without payments since June 2009.

 

I believe that I should send a CPR31.14. Also, I should acknowledge the claim online within 14 days and send a defence within 28 days.

 

It will be difficult for me to find the money quickly and hopefully the court date is later in the year to give me more time so I am very stressed right now.

[citizenB]

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

 

Can you please provide answers to the questions asked in the link above - pop the answers back here in this thread.

 

Then we can advise further

[BackintheBlack]

Thanks citizen, sorry I missed these. Appreciate any advice.

 

Issue date 10th December.

 

The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Eggicon dataed on our about Dec 2005 and assigned to the Claimant on Jan xx 2013

 

PARTICULARS a/c xxxxxxxxx

 

Date 11/2015

Item Defaunlt Balance

Value 39xx.xx

Post refrl cr 0

TOTAL 39xx.xx

 

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.

No, i believe not.

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

No, I beleive that it was previosuly assigned to someone else but cannot locate the paperwork right now.

 

Did you receive a Default Notice from the original creditor?

I dont beleive so.

Dated April 2011 on my online credit file.

 

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

I have recently received a notice in the last 6 months. I cannot locate any older notces.

 

Why did you cease payments?

I was in serious money trouble.

 

What was the date of your last payment?

June 2009

 

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

I did request copies of the origional agreement under the CCA act.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

No

Edited December 15, 2015 by BackintheBlack

[Bazooka Boo]

If your last payment was June 09, then you have a perfect defence, as it 'should' be statute barred. So they can't enforce and you owe nothing.

 

Check your credit file and see if this shows on there at all, although it isn't always an indication of the status of the account, but is a good indicator.

 

Who was the original creditor for the loan?

[BackintheBlack]

Thank you Bazooka, the original lender was Egg. I have looked on my file using Noodle and can only see 3 years of non payments reported.

 

I am completely out of my depth here so appreciate any advice. This seems to be a waste of their time and money.

 

Should I request a CPR31.14 or is it best to submit a statute barred defence and leave it up to them to prove otherwise.

[AndyOrch]

Many thanks Backinthe black...I have updated your initial post with the particulars.

 

 

If you look at the following Notice this may provide in formation re the default dates and notices.

 

 

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

I have recently received a notice in the last 6 months. I cannot locate any older notces.

 

Regards

 

Andy

[BackintheBlack]

Once again, thanks.

 

I have found the default date using Noodle which is quite some time after the last payment.

[AndyOrch]

How long after ?

[BackintheBlack]

The default notice on my online credit file is dated April 2011.

[AndyOrch]

So we have ...What was the date of your last payment?

June 2009

 

Default placed on CRA file April 2011.

 

Of course that has no bearing on the date of the actual Default Notice...but gives you an idea of the time lag.... 17 months later (if issued after 3 missed payments)

[BackintheBlack]

I bow down to your knowledge on this.

 

Am I right in thinking that the account is likely to be statute barred and if so should I defend the action on this basis?

[Bazooka Boo]

If the last payment was June 2009, then this is dead and buried. And it will be SB, so yes you can defend this on that basis, BUT check

your facts/documents/bank statements any correspondence you have regarding the account to make sure.

[AndyOrch]

Well I would be submitting the statute barred defence...irrespective of the above...a debt becomes statute barred Under the Limitation Act 1980, which applies to England and Wales, a debt is considered to be statute barred when no payments have been made against it or where it has not been acknowledged* for six years.

 

* 5 in Scotland.

[BackintheBlack]

Good day and a belated best wishes for the new year. Thank you once again for the advice and support above.

 

I acknowledged the claim on the 16th and sent cpr requests to Restons and Arrow by recorded delivery, both signed for next day. I waited until the 11th and then submitted a defence which included statue barred and mentioned the spr request.

 

In the last week, I have received a letter last week from the court acknowledging my response and a copy of n434 form from restons who have resigned from the case.

 

I am unsure what to expect next as it seems to be a waste of time pursuing this in court but I head read on here that it is not unknown, in fact surprisingly common.

 

There are other debts which are now also owned by arrow and are close to also being statue barred but not yet. With this in mind, I feel it is best that I refrain from making any token full and final payments on this one.

[AndyOrch]

N434 is a change of Solicitor.....so as you state Restons have thrown in the towel...but the claim is still stayed pending any action from the newly appointed Solicitor.

 

Andy

[BackintheBlack]

Right then, first of all thanks once again for helping me make head and tail of all this.

 

Today I received a notice of proposed allocation to the small claims track I am required to complete a directions questionnaire within the next 2 weeks.

 

Is it appropriate to point out that this is statute barred?

 

 

Is mediation a waste of time?

 

As the cpr requests sent to Restons and Arrow have been ignored, I dont have a hell of a lot of information.

 

 

I have a photpcopy of the letters I sent in 2009 and I am trawling through my old bank statements to find the payments.

 

 

I also have the online credit report. Im unsure if there is a hell of a lot I can do about this?

[dx100uk]

Right then, first of all thanks once again for helping me make head and tail of all this.

 

Today I received a notice of proposed allocation to the small claims track I am required to complete a directions questionnaire within the next 2 weeks.

 

Is it appropriate to point out that this is statute barred? yes

Is mediation a waste of time? no

As the cpr requests sent to Restons and Arrow have been ignored,

I dont have a hell of a lot of information.

 

I have a photpcopy of the letters I sent in 2009 and I am trawling through my old bank statements to find the payments.

 

I also have the online credit report. Im unsure if there is a hell of a lot I can do about this?

 

 

only use or refer to the documents they have or have not sent you

what you hold already is pretty much immaterial

its for them to prove it is NOT SB'd

NOT for YOu to prove it is

so. Failed CPR

failed CCA request

[BackintheBlack]

I only have a few days to fill this in and return it, failure to do so could result in a default judgement.

 

So to answer the questions on the form, I believe that I should:

 

Agree to refferal to mediaaition?

 

Not agree to allocation to small claims track as the account is SB and they have ignored my CPR request?

[AndyOrch]

Yes to mediation and yes to small claims track..the rest are just tick boxes which are self explanatory....send to the court ...copy to the claimants sols...job done.

 

Andy

[BackintheBlack]

Good day to you all.

 

I have received a notice this morning from the court. The claimant did not complete their allocation questionnaire on time and as such the claim has been struck out.

 

Is this a positive outcome for myself?

[dx100uk]

yep you won!

 

 

dx

[AndyOrch]

Good day to you all.

 

I have received a notice this morning from the court. The claimant did not complete their allocation questionnaire on time and as such the claim has been struck out.

 

Is this a positive outcome for myself?

 

Excellent...does the order allow the claimant to set a side or vary ? usually within 7 days of the notice?

 

Andy