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Arrows/restons claimform - HSBC Loan - Can I avoid it?

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I have received a Claim form from Reston Solicitors representing ARROW Global, who has bought the debt from HSBC.

 

This debt goes back to a loan I had with HSBC which was taken out sometime in 2010

, but I stopped making payments on it in 2012 when I became unemployed.

 

Since then, ARROW have been contacting me but I have not responded.

 

I do not know if a default notice was issued since I have been ignoring all debts except priority debts since 2014 when I started working again.

 

I am now in full time employment, have a spouse who unfortunately is not working, and two children. Only mentioning this as background info.

 

My question:

Is it possible to avoid a CCJ if I call Reston Solicitors and agree to a feasible payment plan? Or is the CCJ inevitable now that the claim form has been issued?

 

P.S.: I have called STEPCHANGE.

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Tomlin Order ? Ask Andy!


:mad2::-x:jaw::sad:

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Plenty of opportunity to negotiate a settlement short of a CCJ. Either directly or via mediation after the allocation stage


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Tomlin Order ? Ask Andy!

 

Apologies for my ignorance, but whats Tomlin order? And who is Andy?

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Dont phone them up yet. They will bluff you into paying whatever they want you to pay.

 

What kind of debt is it? Current account/credit card/overdraft?

 

You have a claim form, so yoU MUST go through the court system. Restons WILL lie to you in order to get a judgement by default. They dont care about you or the law. All they want is your money,


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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A Tomlin Order is an agreement made between the parties in which any further action (ie a CCJ) is stayed subject to the defendant maintaining payments as agreed with the claimant. Default on the arrangement and a Judgment follows

 

Andy is Site Team and much more knowledgeable than many around such legal questions


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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It is a personal loan from HSBC that was bought by ARROW global, and RESTONS solicitors are acting on their behalf.

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OK I've moved your thread to the legal issues forum

And retitled it..

 

I'd go along with the std court process for now

 

Acknowledge the claim

Defend all on mcol website

Get a CCA request running to arrows

And

A CPR 31:14 running to restons

 

A Tomlin order can be entered into right up until the closing stages if it look dodgy to avoid the ccj

No need to panic yet

 

Can you fill this out please

 

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

 

And tell us abit more of the history of this low

What was it for etc etc

 

Dx


please don't hit Quote...just type we know what we said earlier..

 

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Name of the Claimant ? ARROW GLOBAL LIMITED

 

Date of issue – 04-08-2016

AOS = 22-08-16

DEF filing date = by 4pm 05-09-16 ( If im not mistaken)

What is the claim for – the reason they have issued the claim? "

The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and HSBC dated on or about oct 26 2010 and assigned to the claimant on march 28 2014. Particulars a/c no - xxxxxxxx

What is the value of the claim? £10283

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

 

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? CLaim issued by the debt purchaser ARROW GLOBAL

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

Yes, ARROW GLOBAL Had sent me a letter stating that they were managing the account for HSBC

Did you receive a Default Notice from the original creditor? Not sure. I have had many default notices sent to me in the last 4 years.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?Not sure.

 

Why did you cease payments?

I lost my job in February 2012, after which I remained unemployed till May 2014. I simply couldnt afford it.

 

What was the date of your last payment? I think it was June 2012

 

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?

 

 

I have communicated with HSBC as well as Arrow on many occasions regarding the fact that my income took a huge dive from £3000 pm in Feb 2012 to £700pm in May 2014.

Currently I am on £1200 pm with which I manage rent and all priority debts and expenses for myself and my family; spouse does not work and two children, one of who is in school.

 

Please advise.

 

I do not intend to contest the claim since I did actually take the loan out with HSBC.

But is it possible to avoid a CCJ by agreeing to make small payments on a monthly basis?

Do debt purchasers usually show any leniency at this stage?

I have spoken with STepchange who state that they can assist with mediation

but they are not sure about the CCJ being withdrawn just because I agree to making payments.

 

ANyone with similar experiences with ARROW?

 

Thank You.

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What is the default total? Have they added interest to take it over £10k?

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Defend all

Don't admit

Else you'll get a ccj by default


please don't hit Quote...just type we know what we said earlier..

 

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What is the default total? Have they added interest to take it over £10k?

 

THe amount claimed is £10282.94

Court fee is £462.73

Legal rep cost is £100

 

Total amount is £10845.67

 

I dont know if they have added interest. I wil need to ask them to show me the credit agreement. WIll post a letter to them on Monday. And email them. Is it possible to request the CCA to ARROW by email?

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Defend all

Don't admit

Else you'll get a ccj by default

 

WOuld defending all mean that I would need to make frequent court appearances?

 

If I defend will there be any penalties added at the end if the court decides in the claimant's favour?

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no because you have to send a blank £1PO for rge FEE

its a legal request

 

 

does the POC say nowt about section 69 8% court interest then?

that's rare for restons.


please don't hit Quote...just type we know what we said earlier..

 

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WOuld defending all mean that I would need to make frequent court appearances? no

If I defend will there be any penalties added at the end if the court decides in the claimant's favour?

no

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Doubtful theyll have the paperwork needed to enforce it in court. FOr a debt that large, the OC would have taken you to court.

  • Confused 1

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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no because you have to send a blank £1PO for rge FEE

its a legal request

 

does the POC say nowt about section 69 8% court interest then?

that's rare for restons.

 

No, It doesn't mention any thing about section 69.

 

Doubtful theyll have the paperwork needed to enforce it in court. FOr a debt that large, the OC would have taken you to court.

 

What do you mean by that? WOuld they not have details of he debt from HSBC?

 

Do you think I would need a lawyer for this? (Not that I can afford one!)

 

A Tomlin Order is an agreement made between the parties in which any further action (ie a CCJ) is stayed subject to the defendant maintaining payments as agreed with the claimant. Default on the arrangement and a Judgment follows

 

Andy is Site Team and much more knowledgeable than many around such legal questions

 

How do I find Andy?

 

OK I've moved your thread to the legal issues forum

And retitled it..

 

I'd go along with the std court process for now

 

Acknowledge the claim

Defend all on mcol website

Get a CCA request running to arrows

And

A CPR 31:14 running to restons

 

A Tomlin order can be entered into right up until the closing stages if it look dodgy to avoid the ccj

No need to panic yet

 

Can you fill this out please

 

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

 

And tell us abit more of the history of this low

What was it for etc etc

 

Dx

 

I've done the CCA but how do I fill out a CPR request? Edit: I found it!

 

Trying to fill in the CPR 31.14 but a bit confused:

There are absolutely no documents mentioned in the 'Particulars of Claim' section.

 

Do I just ask for the agreeement?

 

 

(and the rest as on the template:

 

 

"1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached."

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debts are sold without any paperwork

simply one line in a spreadsheet

then the computer system was prob flagged to spew out paperwork on any debt above a certain figure [£££ signs in the DCA's eyes]

 

 

 

 

they'll then hope for a non contested [undefended] default rubberstamped judgement where nothing is checked

you've called their bluff and made them work to try and fleece you.

 

 

with regard to the OC [HSBC] selling the debt on

you would think..would you not...

that a large multi-national like HSBC would easily be able to crush you in court.

so does it not make you think for a second as to why they sold it on....urm..somethings not right here eh?

 

 

no you don't need a lawyer

 

 

on the CPR front

the agreement

and notice of assignment.


please don't hit Quote...just type we know what we said earlier..

 

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no because you have to send a blank £1PO for rge FEE

its a legal request

 

 

does the POC say nowt about section 69 8% court interest then?

that's rare for restons.

 

DO I send a £1 blank PO with the CPR as well as the CCA?

 

(SOrry for the constant questions, but this is the first time I'm taking a step to act against these debt collectors.)

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DO I send a £1 blank PO with the CPR as well as the CCA?

 

(SOrry for the constant questions, but this is the first time I'm taking a step to act against these debt collectors.)

 

No there is no fee for a CPR 31 request...which goes to the Solicitor.....your CCA request which requires the £1 fee goes to the claimant.

 

Andy


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I've sent both off, and now I'm trying to defend my claim on the MONeyclaim website. What exactly do I put in the defence field? What information do I have to give?

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You are not ready to enter your defence yet ..... obviously (not due till Sept).....you are only acknowledging service and your intended plea..then log out.

 

Andy


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You are not ready to enter your defence yet ..... obviously (not due till Sept).....you are only acknowledging service and your intended plea..then log out.

 

Andy

 

Oh damn.

I've clicked on DEFEND and then saved the form on Moneyclaim. But now I can't log back in because it is asking for an MCOL number! :(

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Password on claimform


please don't hit Quote...just type we know what we said earlier..

 

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Dont panic, worst case scenario is you submit your defence manually via goid old postman pat.

I assume when you were on mcol that you ticked to defend all, left jurisdiction unticked?


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