Jump to content


Arrow/Restons Claim form - old HSBC credit card 'debt'***Claim Discontinued***


comebackjimmy
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1712 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • 2 weeks later...
  • Replies 57
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Just to advise that the Court has sent a letter acknowledging the defence dated 12th September 2016.

 

 

It looks to my untrained eye like a standard letter saying the other party has been served,

that they may contact informally to resolve

or within 28 days advise the court they are proceeding.

 

 

No other wording or instructions specific to the case.

Link to post
Share on other sites

std letter

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 2 weeks later...

Hello all

 

A reply has been received from Arrow Global which is clearly their standard reply as seen on other threads. I will reproduce the relevant wording here fo the benefit of followers of this thread;

DATE 26th September 2016

 

We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course.

We confirm that all collection activity will be suspended pending provision of the documentation.

We return your payment of £1.00

Having read some other threads on here this is exactly the letter we were expecting so no surprises there.

 

I have a couple of points to ask interested readers;

 

1. I understand that the Claimant has twenty eight days to advise they are proceeding. The standard court letter to that effect was referenced in post 27 with a letter dated 12th September. By my reckoning they need to respond by 9th October. Could someone confirm that my assumptions and calculation of the date is correct?

 

2. On a more general note, Arrow has 1. failed to provide an annual statement as required by law and 2. on this and many other occasions, started claims without supporting paperwork and conducted the cases with a certain cynicism.

 

Does anybody think I have grounds to make a complaint to say the FCA in the case of their conduct of the account and the MOJ in the case of the court claims?

Edited by comebackjimmy
formatting codes were visible
Link to post
Share on other sites

Not really its what all DCA's do

There were 740'000 speculative claim forms issued by like companies last year

Hoping for and in the main succeeding in getting a default rubber stamped uncontested judgement

 

A debt buyer simply gets one line in a spreadsheet of the portfolio they buy with debtor details there's no requirement to hold any paperwork nor is any checked or asked for in the above process

 

That's why you always defend all regardless

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

A letter has arrived from Restons the body of which is reproduced here;

We write in respect of the above matter.

We note you have recently filed a Defence to the court proceedings issued against you.

 

By way of explanation, Arrow Global Limited is a debt purchaser. We would advise that this is a simple debt recovery action and the relevant facts are as follows:-

 

1. The outstanding balance referred to in the Particulars of Claim relates to a credit card facility with account number {NUMBER}. Our clients records indicate that the original credit agreement was date on or about {DATE}.

 

2. Statements of Account would have been sent to you on a monthly basis during the lifetime of the account. Such statements will have identified any items of expenditure, payments made towards the account, the application of a contractual interest/charges and the outstanding balance.

 

3. You failed to maintain the minimum monthly payments as required by the Statements of Account and accordingly HSBC terminated the Credit Agreement.

 

4. In line with the Terms and Conditions of the Credit Agreement, the original creditor had a contractual right of assignment. In other words, HSBC was entitled to transfer their rights and benefits under the Credit Agreement to a third party and that right was exercised on {DATE}. Around the time of the assignment you should have received a letter from the original creditor advising you that the account had been assigned to third party and you should also have received a Notice of Assignment from Arrow Global Limited.

 

In light of the above we respectfully suggest you check your own personal records as documentation has previously been provided to you throughout the lifetime of your account.

 

We can confirm that documentation has been requested from our client in order to support the Claimant’s case to hopefully resolve any dispute

 

We will contact you further once documentation has been received but please bear in mind this may take some time, as our lenient has to revert back to the original creditor.

 

Thank you for your patience in this matter.

 

I presume this is another standard letter and no action is currently required on our part.

 

It is almost laughable (though I do not want to get to complacent). They seem to be saying we should check our records, why don't they check their records?!

 

They also refer to the transfer of Rights and Benefits but somehow don't seem to think and did not see fit to mention that any Duties and Responsibilities also transfer.

 

It is also worth noting that not withstanding what they said earlier (POST 7) that they would not correspond without a signed letter from us they are in fact corresponding.

 

Unless I see any advice here to the contrary I do not intend to reply but will just file with the other correspondence.

Link to post
Share on other sites

they don't have to check any records upon issuing a speculative claimform as post 30

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

EU Directive with regards to the Assignment of Rights.

 

New Directive after assignment.pdf

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 2 weeks later...

Today is 18th October and by my calculations the opposition has had 28 days plus 5 more (Post 27 above).

 

 

They have not sent any other correspondence and no supporting documents.

 

 

If I understand the situation correctly that means the case is automatically stayed by the court and nothing else will happen unless Arrow pay a further fee and re-activate the claim.

 

 

Would someone min d confirming that my understanding is correct.

 

That leads me into what happens next.

 

 

I would guess that the options are to do nothing or to try and get their claim struck out.

 

 

Any advice on these or other options will be gratefully received.

Link to post
Share on other sites

nothing more happens unless/until they pay to lift the stay.

 

nothing for you to do or can do.

 

go enjoy your life.

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

no its stayed in limbo till whenever...

could be years if you read a few threads here.

 

 

no it cant become statute barred as the issuance of a court claim pauses the clock

but it would look very bad on them were it to come out that they purposefully issued the claim to halt the clock

and subsequently found they had no paperwork.....how embarrassing..

 

 

usual MO

they issued a speculative claim

you called their bluff

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 1 month later...

Hello All

 

A letter has been sent by Arrow Global (not Restons the solicitors) and I presume it is in relation to the CCA request made to Arrow Global rather than the County Court Claim itself. The relevant wording is as follows;

 

We refer to our previous later dated DATE and confirm we still await receipt of copy documentation from the originating creditor.

 

We acknowledge receipt of your request and wish to assure you that this has not been overlooked. Upon receipt of the relevant information, the same will be forwarded with immediate effect. The account will continue to be placed on hold pending the documentation.

 

Should you wish to discuss this matter with Arrow Global in the interim please contact us on the number below.

 

we thank you for your continuing patience.

 

I assume no response is needed. I have made this post in order to keep the thread up to date and so future CAGers reading the thread will have some idea of what they can expect. However, it does imply they think they will be able to come up with the agreement.

Link to post
Share on other sites

If the paperwork is enforceable and if they are brave enough to pay and lift the stay

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi guys

 

This is merely to inform the variety of Arrow's possible behaviour.

 

 

I haven't posted in a while but all is well and most bandits have dropped off credit files.

 

 

I have a current Court claim from Arrow Global pimped by Shoosmiths for a 3k MBNA card.

 

 

Arrow have not responded to the standard CCA request (nor returned my £1)

but Shoes have replied to the standard CPR that they are requesting standard POC documents (CCA, DN, NoAssignment) from their client (Arrow Global) and advising that failure to submit a defence by deadline may result in default CCJ.

 

 

I had submitted anyway and have heard nothing since;

they have a couple of days until claim is stayed.

I suspect this is Shoes covering themselves

 

I was saddened by El Comandante's demise; but I suppose that, being an atheist, he ain't that much bothered.

 

love

 

Vic

Link to post
Share on other sites

Always best to post updates to your own threads please, can easily become mis read that something has happened when it hasnt or visa versa

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

Link to post
Share on other sites

  • 2 weeks later...

Hello all,

 

We have received a communication from Restons which comprises a number of Statements and a screenshot purporting to be Default Notice Details as well as a blank N9A form. No copy of the Original agreement is included or any “reconstructed” copy. Neither is there a copy of the Notice of Assignment. The following is the relevant text of the accompanying letter;

 

 

We write in respect of the above matter and further to our previous letter of DATE 2016.

 

We now enclose with this letter copies of the following documentation:

 

1. the list of Statements of Accounts between DATE 2005 and DATE 2012.

 

2. the list of transactions, showing all credits and debits applied to your account between DATE 2005 and DATE 2012 and

 

3. A screenshot from the Original Creditor’s System of the Default Notice Details.

 

We would respectfully remind you that the parties are expected to co-operate with one another in order to further the over-riding objective contained within the Civil Procedure Rules.

 

In light of the above, we would be grateful if you could kindly confirm that you are now prepared to withdraw your Defence. In order to do this, please complete the enclosed form N9A and return it to this office.

 

If we do not receive this from you within the next 14 days, we are instructed to make an application to strike out the Defence and to seek an Order that you pay our costs associated with that application.

 

We trust the above course of action will not be necessary and await hearing from you further.

 

I would be grateful for any CAGers suggestions on a response. I would think one of the following options is the way forward:

 

1. Ignore them. They have not provided a copy of the original agreement or Notice of Assignment so the Defence in POST 19 would I think still be substantially valid.

 

2. Reply as briefly as possible to advise them that they have not complied with all the requirements of the Defence statement and that the Defence will remain intact and further advising them that any application to strike out the Defence will be opposed.

 

3. (Unlikely I feel) amend the defence to take into account the material they have now provided.

 

Here are a couple of questions:

 

1. Will they have to pay a fee to “Unstay” the proceedings before they apply (and pay for) the Defence to be struck out.

 

2. I wonder if it is sensible or practical if they do make an application to go for some sort of Unless-Order requiring them to produce the remaining documents (the original agreement and the notice of assignment) or else be barred from father pressing the case.

 

All comments welcome fellow CAGers and compliments of the season.

Link to post
Share on other sites

usual reston letter if you go read other reston claim threads.

 

safe to ignore

 

the court is the only one you pay attention too

not rectum willy waving....

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 4 weeks later...

Hello all

 

Another letter has arrived from Restons which is an offer to settle for a reduced amount. The relevant wording is here;

 

We write in respect of the above matter.

 

Unfortunately we do not appear to have received a response to our previous letter.

 

In a bid to resolve the matter without further delay, our client is willing to accept the sum of £SUM (inclusive of fees and costs) to conclude the Court Proceedings and will agree not to pursue any remaining debt. This settlement figure is valid until DATE IN FEBRUARY and will automatically be withdrawn if not accepted by this date.

 

If you wish to take advantage of this discounted settlement offer, please ensure that payment for the above amount reaches this office by the above date. Please quote the reference NUMBER when sending any payments to this office.

 

Upon receipt of cleared funds for the above sum, we will report the settlement status of your account to our Client who will update your credit file at the Credit Reference Agencies to show the account as “partially satisfied”. This record will remain on your credit file for six years from the date of default.

 

If you are unable to raise the above sum, we confirm our Client is prepared to accept payment of the debt by instalments. Should you wish to take advantage of this, please complete the attached financial questionnaire and return it to this office by DATE IN FEBRUARY confirming your offer of payment.

 

If you have any queries regarding the content of this letter or wish to discuss any settlement proposals, please do not hesitate to contact this office on the above telephone number.

 

We await your response.

There is no interest in the offer and I presume no further action is required on our part other than to let the time expire and see what happens next.

 

Any comments and/or advice as ever always welcome.

Link to post
Share on other sites

begging letter

 

 

please give us something before we have to discontinue the case.

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...