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

[Dire1]

Hope you got your defence done in and send it in on time!

[bitemarx]

Hope you got your defence done in and send it in on time!

 

Yes, I managed to email it the night before the deadline!

 

Just wondering what happens next......

[Dire1]

I think the court sends you an acknowledgement letter advising the claimant has 28 days from when they are served your defence to respond.

In the meantime we (am at that stage) have to draft our witness statement/ fuller defence.

 

Do read similar posts, you learn a lot from them as to what next.

 

Sure the site team will also

advice us both

[martin2006]

I think you will next receive the Directions Questionnaire which is self explanatory but let us know when u get it

[bitemarx]

I think the court sends you an acknowledgement letter advising the claimant has 28 days from when they are served your defence to respond.

In the meantime we (am at that stage) have to draft our witness statement/ fuller defence.

 

Do read similar posts, you learn a lot from them as to what next.

 

Sure the site team will also

advice us both

 

I have received this.

 

I think you will next receive the Directions Questionnaire which is self explanatory but let us know when u get it

 

Have not received this yet.

I have received the acknowledgement.

 

Could you please link me to similar posts?

[martin2006]

Just search your thread title in the cag search bar and you will find plenty if them.

My post of 9th sept was a little ahead of where you are.

 

Now you have filed your defence, if the claimant wishes to proceed then the case will be transferred to your local county court. They in turn will allocate it to track and send you notification via an N149A, you respond to this by serving the claimant solicitors and court with an N180(DQ).

The N149A will contain information as to what you need to do

[dx100uk]

just let it happen

don't get confused

 

 

you don't need to get any forms

they come TO YOU

if the claim DOES progress.

 

 

dx

[bitemarx]

If the claim does not progress, will they or the court inform me in writing?

[bitemarx]

Just search your thread title in the cag search bar and you will find plenty if them.

My post of 9th sept was a little ahead of where you are.

 

Now you have filed your defence, if the claimant wishes to proceed then the case will be transferred to your local county court. They in turn will allocate it to track and send you notification via an N149A, you respond to this by serving the claimant solicitors and court with an N180(DQ).

The N149A will contain information as to what you need to do

 

Thank you. I will search on the forum.

[AndyOrch]

If the claim does not progress, will they or the court inform me in writing?

 

They already have in their acknowledgement of your defence...its states whats happens if the claimant does not contact the the court to proceed within 28 days.

[bitemarx]

They already have in their acknowledgement of your defence...its states whats happens if the claimant does not contact the the court to proceed within 28 days.

 

Uhm..yes it says on the letter.

[bitemarx]

Just a thought: WHy do debt management agencies such as STepchange not give me the kind of advice that you do? Not to propagate a conspiracy theory, but are they actually working with the corporaates?

[martin2006]

I doubt there's a conspiracy theory, they simply work on the principle of paying a debt back, whether its enforceable or not, no questions asked.

[bitemarx]

Received letter from ARROW GLOBAL this morning.

 

I've attached a cropped version

[AndyOrch]

Standard Arrow Template response....but if they do not accept that they are the creditor...then they are not allowed to litigate the debt ...either its been assigned to them or not.

Ignore

 

 

Andy

[bitemarx]

Standard Arrow Template response....but if they do not accept that they are the creditor...then they are not allowed to litigate the debt ...either its been assigned to them or not.

Ignore

 

 

Andy

 

Hi Andy,

 

What usually happens next?

Can they proceed with the Claim based on some other Credit Act?

[dx100uk]

no.

 

 

theres is only one act.

 

 

so awaiting the claim to get stayed then 28 days from your defence filing date

[bitemarx]

Have they bought themselves time by sending this letter?

[dx100uk]

no

[bitemarx]

Do they actually ever come up with documents from the original creditor proving that I owe them (arrow global)?

[dx100uk]

yes 1000's of like threads here

[AndyOrch]

Do they actually ever come up with documents from the original creditor proving that I owe them (arrow global)?

 

Very rarely ...but if the agreement is post 2007 they may try a reconstituted version

[bitemarx]

The original loan was from 2005 but HSBC made me consolidate every few years, and the last time I consolidated was sometime in 2009, I think.

 

What is this reconstituted version? I googled it, and only found links to sites that mention it to be unenforceable? CONfused now.

[AndyOrch]

A reconstituted version is remake of the original...using the original details.

 

• Lenders can satisfy a s78 (and s77) request by providing a reconstituted version of the executed agreement, which may be reconstituted from sources other than the actual signed agreement. A copy of the original signed agreement itself does not have to be provided.

• The copy provided must contain, amongst other things, the name and address of the debtor as at the date of the agreement.

• The document need not comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 (CCAR) as to form, as at the date the agreement was made.

• If an agreement has been varied, a (reconstituted) copy of the original agreement must be provided along with a (reconstituted) copy of the amended agreement.

• A breach of s78 does not of itself give rise to an unfair relationship within the meaning of s140A CCA.

• The court can exercise its discretion and make a declaration that there has been a breach of s78, depending upon the facts of the particular case. If the lender has admitted the breach in the proceedings, the court will not make such a declaration.

• In determining whether the debtor has signed a document stated to contain the "prescribed terms", the court held that, for the purposes of s61 and of s127(3) CCA, the document need not be a single piece of paper. A physical connection between several pieces of paper is not necessary. Where the debtor's signature and the prescribed terms are on separate pieces of paper, the question of whether together they constitute one document is a question of substance, not form. Mere cross-reference to prescribed terms without a copy being supplied to the debtor at the time of signature would not suffice.

• If the lender cannot establish, following a trial, that there was a document signed by the debtor containing the prescribed terms, that would not of itself entail an unfair relationship.

 

It is clear now that a reconstituted copy of the original document will suffice. The judge held that, as a matter of good practice, lenders should consider telling debtors that a reconstituted document is just that. Even if an agreement cannot be reconstituted and therefore there is a breach of s78, although the agreement may be unenforceable pending compliance, that does not mean there is an unfair relationship.

Procedures should be put in place to ensure that the information required to reconstitute documents is retained.

[bitemarx]

RESTONS have sent the letter attached. I can't really understand what exactly they're saying.

 

It looks like a reconstituted version of the agreement to me. AM I right?