Arrow/restons claimform - Sainbury Loan 2005

[The Unfairy]

Name of the Claimant - Arrow Global

 

Date of issue – 04/02/16

 

What is the claim for –

 

The Claimant claims payment of the overdue balance due to the Defendants under a contract between the Defendants and Sainsburys Bank PLC dated on or about Jul 2005 and assigned to the claimant Jul 2011. Particulars a/c no XXXXXXXXXXX

DATE Oct 2015 Default Balance £XXXX

 

What is the value of the claim? £3000

 

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

When did you enter into the original agreement before or after 2007? 2005 according to the claim

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

Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, I am trying to hunt down old paperwork

 

Did you receive a Default Notice from the original creditor?

I have marked on an old note default notice Sept 2009 but I need to find the original paperwork to confirm who sent it.

 

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

No idea, I don't think so

Why did you cease payments?

New baby and hours cut at work made finances very tight

What was the date of your last payment?

According to the notes I've found June 2009

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

I believe I disputed all the charges they were adding but it's hard to remember now

 

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

Yes. They weren't particularly supportive at the time I think.

[Guest]

last payment june 09 (def notice sept 09), could be well statute barred.

[i hate bailiffs]

They send out loads of claim forms

And panic people to pay in full

Or accept the debt and get a ccj

 

They don't expect people to challenge them

Sounds like statue barred check dates to make sure

[The Unfairy]

Dates are definitely correct.

 

Dates are definitely correct.

 

 

So if the dates are correct, is this SB? If so what is my next step as I haven't done anything with the court papers yet.

[Guest]

what was the loan term, ie '05 to ...?

did they send a termination notice, when

[The Unfairy]

what was the loan term, ie '05 to ...?

did they send a termination notice, when

This dates back ten years, I can't remember I'm afraid. I would think probably five years.

[Guest]

This dates back ten years, I can't remember I'm afraid. I would think probably five years.

ok. no worries, just asking, as sometimes its been seen that they try to argue it from a termination notice if called in prior to its end 9of term. time will tell what they think.

otherwise, yes, if from the def notice, it shld be barred.

[The Unfairy]

ok. no worries, just asking, as sometimes its been seen that they try to argue it from a termination notice if called in prior to its end 9of term. time will tell what they think.

otherwise, yes, if from the def notice, it shld be barred.

 

Sorry, I've just re read my post and realise it came over in a rude way which wasn't my intention at all. I was just confessing to an atrocious memory.

 

So if it is SB, do I contact the company or write something on the court form?

[renegadeimp]

You acknowledge the form online to MCOl, then you submit the statute barred defence. But you need to do your homework and be sure its sb first

[The Unfairy]

I'm trying to do the MCOL but I don't know which response I need. Help!

 

As far as I can see the default notice was served 2/9/2009 and the last payment was 05/1/2010 so there is no indication of any correspondence since then. So what is my next step?

[AndyOrch]

I'm trying to do the MCOL but I don't know which response I need. Help!

 

What are you doing acknowledging service of the claim ?

[The Unfairy]

What are you doing acknowledging service of the claim ?

 

Yes. I assume I need the defence option as it definitely looks like this is SB.

 

Or do I just acknowledge to get the 28 day option and then write to Restons stating its SB?

[Guest]

have you not acknowledged yet. check your timeline deadline. claim issued 4/2/16?

for now just acknowledge service with intent to defend all. you then get another 14 days to submit a defence.

[Guest]

As far as I can see the default notice was served 2/9/2009 and the last payment was 05/1/2010 so there is no indication of any correspondence since then. ..

maybe close re bar then. what type of payment was that, contractual or just a token payment?

[The Unfairy]

I've acknowledged claim now thank you.

Can anyone advise on how to take the next step, I'm quite nervous about all this. But I'm sure it is SB.

[Guest]

I've acknowledged claim now thank you.

.

good. and that was to defend, so you get the 28 days from the issue date ie to submit a defence by.

[The Unfairy]

No the last contractual was way before then.

 

I thought the last token payment was June 2009

but I've found an old loan statement which says payment received 05/01/2010.

 

It would only have been about 1/4 of a contractual payment but interestingly it is for the exact same amount as they charged me for a letter a couple of months earlier.

 

I'm wondering it is was a fee refund but it doesn't confirm either way.

 

So that would make it SB on the 5/1/2016 wouldn't it?

[Guest]

No the last contractual was way before then. I thought the last token payment was June 2009 but I've found an old loan statement which says payment received 05/01/2010. It would only have been about 1/4 of a contractual payment but interestingly it is for the exact same amount as they charged me for a letter a couple of months earlier. I'm wondering it is was a fee refund but it doesn't confirm either way. So that would make it SB on the 5/1/2016 wouldn't it?

if it was just a token payment, then the usual 'one/two month later' re a missed contractual payment may not be applicable ie was just a 'reset' from the date of the payment.

if it was a refund, then its not your payment, and doesnt count as yours.

[The Unfairy]

Prior to that amount I last made a contractual payment at the beginning of July 09.

 

 

I was then defaulted around September that year

 

 

just noticed they added fees from between £10 and £50 (Collections fee?) over that period too.

 

Would should my next step be?

[dx100uk]

i'd file the SB defence now

 

 

its for them to prove its not SB'd

not you to prove it IS.

 

 

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 act 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 POC] or any other sum, or relief of any kind is denied.

.

[renegadeimp]

and if its not sb they likely wont have the paperwork anyway

[AndyOrch]

and if its not sb they likely wont have the paperwork anyway

 

But what if they have ?

 

Better to be certain before using a statute barred defence as it cant be corrected afterwards.

 

Andy

[The Unfairy]

But what if they have ?

 

Better to be certain before using a statute barred defence as it cant be corrected afterwards.

 

Andy

How can I be any surer though? I have no paperwork after that showing any further payments were ever made. I don't remember giving them any else since or having any dialogue with them since.

[dx100uk]

phone the original creditor?

[The Unfairy]

phone the original creditor?

 

I thought we shouldn't ever phone them as no record of calls? Sorry for being completely clueless but I'm obviously in a panic.