Arrow /Shoosmiths claimform - M+S credit Card 'debt'

[Charbydis]

Name of the Claimant ? Arrow Global Ltd

Date of issue – – 24/2/2016

What is the claim for –

 

 

1.The claimants claim is for the sum of £3480 being monies due from the defendant under a regulated agreement

between the defendant and Marks & Spencer Financial Services PLC(acount no. xxxx)

and assigned to the claimant on 30/1/2013, notice of which has been provided to the defendant.

 

2. 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

 

3. The claimant claims the sum of £3480

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

 

What is the value of the claim? £3480

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

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

 

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?

I may have but it was many years ago if I did, around 2006/7 possibly

 

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

I have received nothing since september 2013

 

Why did you cease payments?

I was in financial difficulties so entered into a DMP with Payplan which I ended in September 2013.

 

What was the date of your last payment? I made my last payment to Payplan in either August or September of 2013

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

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? Yes

I have acknowledged the claim and that I intend to defend it all

and have sent off my CCA and CPR requests.

[citizenB]

Issue date 24.02.2016 + 5 says for service = 28.02.2016 + 14 days to acknowledge claim = 13.03.3016 + 14 days to submit defence = 27.03.2016

 

I am a little bit confused - you say the agreement was entered into AFTER 2007 , then advise that you received a default notice approximately 2006/2007 ?

 

Why did you cease making payments via PayPlan ?

[Charbydis]

Sorry for that forgot to check my typing before posting.

The agreement was made before 2007 and I entered into the DMP in 2006/7.

My last payment to payplan was in september 2013 and I stopped because most of my creditors had sold on the debts and none of the DCAs I was dealing with would provide the required documentation. Also they had all disappeared from my credit file so I thought I'd be better off dealing with the remaining creditors myself.

[Still_surviving]

Was this always a credit card, or was it one of the many in house store cards that was converted to a credit card?

[Charbydis]

I think it was always a credit card.

[Charbydis]

I haven't heard anything back other than a letter from shoosmiths saying they have passed on my cca request to arrow, have noted the contents of my letter(CPR request) and will press for judgement if I do not file a defence by 27/3/16.

I am thinking I should file something. I guess it should be along the lines of "I don't acknowledge any debt to the claimant and the claimant has not provided any proof of the and have failed to provide a true signed copy of the agreement to which this debt relates as required by the CCA"

Would this be enough or is there a particular form of words I should use.

[AndyOrch]

Time to read some threads and see how a defence is drafted.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

Andy

[Charbydis]

Thanks I have done that and come up with the following:

 

Particulars of Claim

 

1.The claimants claim is for the sum of £3480 being monies due from the defendant under a regulated agreement between the defendant and Marks & Spencer Financial Services PLC(acount no. xxxx) and assigned to the claimant on 30/1/2013, notice of which has been provided to the defendant.

 

2. 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

 

3. The claimant claims the sum of £3480

 

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

 

 

#####Defence##### 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

3.Paragraph 2 is denied I am unaware of any legal assignment the claimant refers to within its particulars. I have no knowledge of who the claimant is nor ever been approached since the alleged assignment of over 3 years ago up until receipt of this claim.

 

On receipt of this claim I requested information pertaining to this claim from Shoosmiths LLP Solicitors and Arrow Global Guernsey Ltd. by way of a CPR 31.14 and a section 78 request. To date, no response has been received from Shoosmiths LLP. Arrow Global Guernsey Ltd other than to acknowledge receipt of the request and that they have submitted it to C.

 

Therefore with the court’s permission the Claimant is put to strict proof to:

 

(a) show and disclose how the Defendant has entered into an agreement; and

 

(b) show and disclose how the Claimant has reached the amount claimed for;

 

© show how the agreement was legally terminated to allow the claimant relief.

 

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per*Civil Procedure*Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act*

and Section 82A of the consumer credit Act 1974.

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Would this be acceptable do you think

[AndyOrch]

Hi Charbydis ..the main body of the defence is fine except for your point 2...

 

2. Paragraph 1 is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

That is not a legally acceptable reason to deny a debt.....there is a stage later in the process were the claimant will be ordered to disclose all documents relied upon.Its still a valid point for inclusion within your defence...but not your main opening point.

 

Regards

 

Andy

[Charbydis]

Ok would this be better:

 

Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to issue any Notice of Sums in Arrears since the alleged assignment. Failed to provide any evidence of agreement/contract/breach as requested by CPR 31. 14 and a Section 78 request and has declined to respond.

[AndyOrch]

Unfortunately not...all the above will happen anyway once you have submitted a valid defence.(should the claimant wish to proceed)

 

Defence first...disclosure second.Assigned debts are not required to issue Notice of Sums in Arrears.As for CPR 31.14 that is a civil request and the claimant is not legally compelled to comply...its only optional.

 

Section 78 is a valid point...which as already stated should be further down to packing list of the defence ...and not your main point of defence.

 

It can be your main and only point of defence but you must remove " Paragraph 1 is denied with regards to an amount due under an agreement." and reword it.

[Charbydis]

OK how about:

 

2. Paragraph 1 is noted but I have no knowledge of any agreement between myself and Marks and Spencer Financial Services Ltd.

[AndyOrch]

Take a look at post#64 of the following thread...very similar problems initially intending to use the same intro paragraph as yours.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?461144-arrows-shoesmiths-Claimform-HSBC-Credit-Card-debt/page4

[Charbydis]

Thanks for that I have redrafted the whole thing as follows:

 

Particulars of Claim

 

1.The claimants claim is for the sum of £3480 being monies due from the defendant under a regulated agreement between the defendant and Marks & Spencer Financial Services PLC(account no. xxxx) and assigned to the claimant on 30/1/2013, notice of which has been provided to the defendant.

 

2. 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

 

3. The claimant claims the sum of £3480

 

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

 

#####Defence#####

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is accepted insofar as that I have in the past held a contractual relationship with Marks and Spencer Financial Services PLC. I do not recall the precise details of the account and have requested verification from the claimant to which they have yet to comply.It is denied the claimant has provided the me with notice of assignment in accordance with s136 law and property act 1925 and therefore have yet to prove they are entitled to bring this claim. I do not recognise or recall this account number.

 

3.Paragraph 2 is denied. I have never been served a default notice pursuant to the consumer credit Act 1974 by Marks and Spencer Financial Services PLC or the claimant.

 

4. On receipt of this claim I requested information pertaining to this claim from Shoosmiths LLP Solicitors and Arrow Global Guernsey Ltd. by way of a CPR 31.14 and a section 78 request. To date, no response has been received from Shoosmiths LLP other than to acknowledge receipt of the request and that they have submitted it to C. I have not had any response from Arrow Global Guernsey Ltd.

 

5. Therefore with the court’s permission the Claimant is put to strict proof to:

 

(a) show and disclose how the Defendant has entered into an agreement; and

 

(b) show and disclose how the Claimant has reached the amount claimed for;

 

© show how the agreement was legally terminated to allow the claimant relief.

 

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

6. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act.

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited March 22, 2016 by Andyorch
Amendments made.

[AndyOrch]

Better...but I still prefer " Paragraph 1 is accepted insofar as that I have in the past held a contractual relationship with (insert original creditor) " as opposed to " Paragraph 1 is denied. I have no knowledge of the account to which the claimant refers "

 

as you do appear to know all about the alleged debt in your first post.You will be electronically signing this with a statement of truth under oath once you submit it.

 

Also your point 3 needs attention as paragraph 2 refers to defaulting and default notice...not assignment...you have already covered that in your post 2.

[Charbydis]

I have re written the first 3 paragraphs as follows:

 

#####Defence#####

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is accepted insofar as that I have in the past held a contractual relationship with Marks and Spencer Financial Services PLC. I do not recall the precise details of the account and have requested verification from the claimant to which they have yet to comply.It is denied the claimant has provided the me with notice of assignment in accordance with s136 law and property act 1925 and therefore have yet to prove they are entitled to bring this claim. I do not recognise or recall this account number.*

 

3.Paragraph 2 is denied as I have no knowledge of who the claimant is nor ever been approached since the alleged assignment of over 3 years ago up until receipt of this claim.

 

I have left the rest the same.

Is it ready to file yet?

[theoldrouge]

you havent dealt with the alledged default notice

 

your point no3 merely repeats your point no2, you need to deal with the default notice

 

2. 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

[Charbydis]

So point 3 should read:

 

3. Paragraph 2 is denied. I have never been served a default notice pursuant to the Consumer credit Act 1974 by Marks and Spencer Financial Services PLC or the claimant.

[AndyOrch]

Perfect...your defence in post# 14 is now complete and ready.

 

Regards

 

Andy

[Charbydis]

many thanks for your help I will submit it now.