Arrow Global County Court Claim received.

[mepsipax]

Hi I could do with some advice.

 

Arrow Global have sent me County Court papers (Northampton) for an old Shop Direct debt.

 

I got into debt with them during my divorce, and at the time managed to pay back over half the amount owed.

 

Unfortunately I was unable to pay the rest, and owed them around £700.

 

According to the County Court claim form - 'Shop Direct balance dated on or about Oct 10 2002 and assigned to the Claimant (Arrow Global) on May 10 2011'

 

I haven't made any payments since 2002, and have had no contact - written or verbal since then.

 

I have no other debt, but am not in a postition to pay this either.

 

I spoke to someone who knows a little of legal matters, and he suggested I return the 'Acknowledgment Of Service' section of the Court papers to the Court. Then send Arrow a letter asking them to prove this debt isn't 'statute barred'.

 

I wasn't sure if this advice was correct, and would appreciate some further guidance.

 

Many thanks

[unclebulgaria67]

Hi I could do with some advice.

 

Arrow Global have sent me County Court papers (Northampton) for an old Shop Direct debt.

 

I got into debt with them during my divorce, and at the time managed to pay back over half the amount owed.

 

Unfortunately I was unable to pay the rest, and owed them around £700.

 

According to the County Court claim form - 'Shop Direct balance dated on or about Oct 10 2002 and assigned to the Claimant (Arrow Global) on May 10 2011'

 

I haven't made any payments since 2002, and have had no contact - written or verbal since then.

 

I have no other debt, but am not in a postition to pay this either.

 

I spoke to someone who knows a little of legal matters, and he suggested I return the 'Acknowledgment Of Service' section of the Court papers to the Court. Then send Arrow a letter asking them to prove this debt isn't 'statute barred'.

 

I wasn't sure if this advice was correct, and would appreciate some further guidance.

 

Many thanks

 

Given that they appear to have issued the court claim by mistake, think you should just acknowledge and submit a statute barred defence.

 

I cannot see the point sending letters re statute barring, if you are correct about when you last made any payment towards this debt.

[unclebulgaria67]

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation acticon 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POCicon] or any other sum, or relief of any kind is denied.

[AndyOrch]

Thread moved to Financial Legal Issues...thread title amended.

 

Regards

 

Abdy

[mepsipax]

Hi Thank you for your replies

 

I definitely have had no contact with Shop Direct since 2002

 

So just to be sure, should I

 

1) return the Court's 'Acknowledgment of service' via Recorded Delivery

 

Then 2) Send Arrow Global a Recorded Delivery letter stating I believe this debt to be Statute barred - and asking them to prove it if they believe otherwise?

 

I am not sure if I should be returning any other parts of the Courts letter ie 'Defence and Counterclaim' ?

[AndyOrch]

Hi mepsipax and Welcome to CAG

 

If you could read the following link and then copy and paste it back with your responses......then we will advise the best way to deal with it and the process you must follow.

 

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

 

Regards

 

Andy