ARROW/RESTONS Claim form - old HFC loan 'debt'

[davetherave87]

Hi guys,

 

It's been a while but things are starting to affect my day to day living once again...

 

Here is the background.

 

October 2007 I purchased a laptop from PC World under HFC agreement.

 

July 2013 HFC transferred an account to HSBC Bank plc.

 

In October 2013 this account then got sold to IDEM Servicing.

 

During this time I was in a fee charging DMP paying various debts off,

but I killed them off to attempt my own free repayment arrangement,

but due to various reasons, I struggled and put it to one side.

 

On 6th January 2014 IDEM served me with a default notice,

with a written intention to terminate my loan agreement.

 

I sent a CCA request on the 10th January enclosing £1 and included the revoke access for sending someone to my home address etc. With no response...

 

Sure enough on the 22nd Jan, a "Notice to Terminate" letter came through demanding full payment of balance.

 

I should have kept chasing for CCA but certain issues at home meant it took a back step and i got distracted.

.. unusually hearing nothing from IDEM, until just recently.

 

1st October 2014, a letter comes through the door from "resolvecall" referencing the Idem account with me.

But claiming they were contacted by "Arden credit management" to make contact with me to arrange contact with them (Arden.)

 

I have never had any correspondence from Arden Credit Management. This is an Idem account.

 

the letter from resolvecall stated if i did not contact Arden,

one of their reps would make a personal visit within 28 days from the date of the letter (1st Oct).

 

Today is the 8th of October and this evening at roughly 5:30pm, a rep arrived at my door...

my Dad answered, the guy asked for me, my Dad advised I was unavailable.

(I was upstairs in the bathroom at the time but I could hear him talking.)

 

-- this is where I need your help too guys --

 

I heard the guy, after being told i was unavailable at the time,

tell my Dad that he has been instructed by HSBC to make contact with ME

so he could then put me in touch with someone over the phone

that he held in his hand, to discuss an account I hold with them.

 

Before I could get downstairs,

the guy then started to ask if I held any debts at all..

. my dad at this point simply shrug his shoulders,

I went downstairs and kindly asked him to leave the property.

 

 

His response "Do you not want me to put you in touch with anyone then?"

I repeated myself. He then said "ok" and closed his ring binder and left.

 

I got his name.. but I have to admit , I am a little shaken up, my heart was doing that fight or flight pounding in my chest.

 

Where do I go from here guys??

Who the hell do I send letters to now?

 

I am still only in a position to offer £1 for any debt that I owe, there is no special treatment here.

 

But did the doorstep guy from Resolve call breach any rules by talking to my dad and asking him questions?

 

I really hope, after all that typing, you find time to offer your advise...

 

Regards

David

[havinastella]

To be totally honest and frank with you, there is almost nothing you can do.

 

They are allowed to turn up and you are allowed to tell them to bugger off.

 

Have a look in the Library for a letter you can send to stop home visits. Just deal with whomever 'owns' the debt!

[dx100uk]

lets back track a bit here

 

a debt buyer cannot issue a default notice

neither

can they issue a termination Notice.

 

only the original creditor can do that.

 

now.

what does your credit file say about this debt?

 

have you ever sent HFC an SAR to get all the statements?

as I bet your botton dollar

there are heeps of PENALTY charges and PPI to reclaim.

 

that pc could not of cost that much

so I suspect its been paid for already

but their charges/PPI have inflated it vastly.

 

you say no one has a CCA?

 

if that's so

 

then tough luck them, theres NOWT they can do to you.

 

sounds like to me

as with 90% of HFC debts, you are being spoofed blind you actually owe anything

 

dx

[davetherave87]

Hi DX,

 

and cheers havinastella.

 

Right,

 

According to my paperwork, HSBC sold everything to Idem they even claim Idem would be the new data controller.

 

I got a "welcome" letter from Idem saying that they had purchased the outstanding balance under the account from HSBC,

along with it, a transfer of all assigned rights to that outstanding balance.

 

I was given a new account number from the one I had with HSBC/HFC

 

Idem claim to be the new data controller for the personal information they hold in relation to my account.

 

I don't think I ever sent HFC a SAR request. But one thing I do know, is the contents of the original receipt and T+C as I have now found them.

 

Idem did serve me a default notice (served under sec.87.1 of the CCA1974) bla bla

 

My credit report, after checking Noddle tonight, shows Idem Capital Securities in "DEFAULT" the default was dated "31/07/2009"

 

does this mean the default has simply been renamed from HSBC/HFC to Idem?

 

cheers

 

dave

[dx100uk]

it means that unless you know diff

the debt should not be showing

 

the ICO says:

 

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

the WHOLE ACCOUNT WILL VANISH, never to return.

.

however, this does not mean the debt itself is not still owed

consider a CCA request.

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

....

 

this also points to it prob now being statute barred?

 

when was your last payment?

 

sar HFC.

 

look on noddle for last payment

 

it is std for debt buyers to renumber a 'debt

 

yes the default will be inherited, but they cannot change the date.

[davetherave87]

Good Morning All.

 

davetherave87 here once again. I would firstly like to thank the people who previously assisted me with my last battle with a Reston Solicitors court claim, which was discontinued.

 

Today, I now face my second run in with Restons, over a HFC loan from 2007,

this account fell into payment arrears due to lack of work.

I was forced (At the time) to include this account in a DMP agreement courtesy of the fee munching Gregory Pennington.

I cancelled DMP plan roughly 3/4 years ago.

 

I have simply ignored everything from that point, I am ashamed to say.

 

HFC sold the account to Arrow Global in November 2015 which in turn 'transferred' the account to Restons in June 2016,

so by my guessing, Arrow are still the legal owners of the HFC loan that was originally sold to them.

 

The account itself, no longer appears on my credit file. It did three years ago, it has since disappeared.

 

And BREATHE!

 

I have already Acknowledged the claim online with intention to defend in full.

I have a copy of the CPR 31.14 request I used previously with Restons for my last court claim.

Shall I simply amend this and send off as a starting point?

 

Would it be easier for me to just fill out the Questionaire on here to make things easier for everyone?

 

I look forward to any input from whoever may be able to assist me.

The clock is of course ticking.

 

All the best and thanks in advance!

davetherave87

[davetherave87]

Name of the Claimant ? ARROW GLOBAL LIMITED

 

Date of issue – 17th AUGUST 2016

 

Date of issue (33 days total) - 18th SEPTEMBER 2016 [but file by 4pm Friday 16th- dx]

 

What is the claim for –

 

 

1.The Claimant claims payment of the overdue balance due from the Defendant(s)

under a contract between the Defendant(s) and HFC Bank Limited date on or about Oct ** 2007

and assigned to the Claimant on Nov ** 2015"

 

a/c no - 0000********

 

Date, Item (default balance) and the value.

 

What is the value of the claim - £500.00

 

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? OCT 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? I THINK SO

Did you receive a Default Notice from the original creditor? PROBABLY YES BACK IN 2008/9

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - I DON'T THINK SO

Why did you cease payments?

What was the date of your last payment? AUGUST 2013

Was there a dispute with the original creditor that remains unresolved? NO PREVIOUS DISPUTE

 

Did you communicate any financial problems to the original creditor

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

YES - ACCOUNT WAS ENTERED INTO DMP - DMP WAS CANCELLED LATER DOWN THE LINE

- COULDNT MAINTAIN REPAYMENTS DUE TO FINANCIAL SITUATION

 

All the letters I have from Arrow and Restons have been offering me huge substantial discounts to settle the debt

(As partially satisfied) which sent alarm bells ringing for me.

So shall I CCA ARROW or HFC and CPR Restons?

 

Thanks again for taking the time to read in on my situation x

 

davetherave87

[dx100uk]

note your revised defence filing date please

 

is that ALL the PoC says:

OVERDUE BALANCE UNDER A CONTRACT WTIH HFC FROM OCT 2007, ASSIGNED TO CLAIMANT NOV 2015

 

ack [AOS} the claim on MCOL website

defend all

leave jurisdiction unticked

 

get a CCA request running to the CLAIMANT

and

a CPR 31:14 running to rectums

leave everything blank inc the uncrossed £1PO for the CCA

[dx100uk]

is this that old laptop loan thatwas with IDEM?

if so

I've merged the earlier thread here

you might want to check now from post 1

and have a read of the history to refresh your mind.

 

 

dx

[davetherave87]

Hi DX , yes this is the same loan - my apologies, I should have simply continued the thread.

 

I will read back through - a court claim is stil active regardless, so it was more a heads up on best way to approach I think.

 

Cheers

 

So based on the back track I have just done, HFC sold to IDEM, IDEM sent a termination notice...

 

I am stuck with the gap between IDEM issuing a termination notice and Arrow Global now having control over the account.

 

 

HELP

 

There is no record anymore on my credit file so I cant check anything.

 

 

I can dig out my suitcase full of letters.

 

 

How do I approach this situation,

if IDEM terminated and the full balance remained payable,

but then down the line, sold the terminated account to Arrow global,

which are now using Restons to chase the balance,

how do I go about sorting it.

 

Its down right confusing trying to remember the exact path this account took since it left HFC

 

Sorry guys

[dx100uk]

can I just revisit this from above:

 

is that ALL the POC says:

OVERDUE BALANCE UNDER A CONTRACT WTIH HFC FROM OCT 2007, ASSIGNED TO CLAIMANT NOV 2015

as its important to what you relate too.

[davetherave87]

Hi DX,

 

The POC on the claim form state...

 

"The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HFC Bank Limited date on or about Oct ** 2007 and assigned to the Claimant on Nov ** 2015"

 

Under the word PARTICULARS is shows a/c no - 0000********

 

Date, Item (default balance) and the value.

 

 

That's everything on the front of this claim form I have in front of me now.

 

 

Cheers

[dx100uk]

that's better

I've update post 7 too

 

the route of the debt is to all intent and purpose irrelevant to you

as long as you send the CPR 31.14 and ask for the documents listed in the poc

i'e

the agreement

the notice of assignment

the default notice

 

it could be that hfc sold it to idem

idem returned the debt to HFC

and they resold it to arrows

or that arrows purchased a portfolio of debts from idem

 

the NOA will tell you who arrows bought it from

or not as the case will probably be

they'll not respond to the CPR at all, debt buyers rarely do.

its only a request

 

the important one that they cant ignore is the CCA.

 

incidently

what you may hold or know you keep quiet about

the claimant and their sols

can only rely upon info in their returned documentation

play it cute!

 

dx

[davetherave87]

Ok, I will CPR rectums and CCA Arrow.

 

One tiny hurdle I now need to step over,

which could potentially end up royally screwing me up

 

 

is somehow I have confirmed acknowledgment with the jurisdiction box ticked, unintentionally of course.

 

 

One would assume I cant contact the courts in a bid to rectify this monumental error in the online process of acknowledging my claim?

 

 

Have I completely done myself over by not double checking that tick box before I hit submit?

 

[dx100uk]

can you not untick it?

[davetherave87]

The AOS has been confirmed with the tick in place - I will attempt to ring the courts tomorrow morning first thing in a bid to get this error amended. I can just picture it now, "so you want to contest our decision do you?" lol

 

Will it affect my chances of winning this case do you reckon?

[dx100uk]

wont really hurt

you could always email them.

[AndyOrch]

Makes no odds dave....courts are use to litigants ticking it in error.

 

Andy

[davetherave87]

Do I have to CCA Arrow separately or does that come under the CPR request through Restons?

 

Cheers

[dx100uk]

CPR is a request

 

CCA is legally binding

[davetherave87]

Ok so I am sending a CPR request to Restons but sending a legally binding CCA request to Arrow Global.

[dx100uk]

already detailed in post 8 what you need to do

 

 

dx

[davetherave87]

I literally just scrolled back through and noticed. Head is all over the place Cheers DX

[davetherave87]

Just had a response from Restons regarding the CPR request - they have come back with...

 

30/10/2016

"We have enclosed draft letter that purports to come from you but which is unsigned. You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it. Please ensure all documentation is signed, failing which we not acknowledge receipt nor provide any response."

 

 

How shall I proceed, is this a delay tactic in hope I just stop chasing? I know I do not have to sign anything. They have been happy so far to assume they are dealing with me, only now that I am requesting documentation, they aren't quite sure its me requesting and wish for me to sign?

 

 

Help me please , my defence submission deadline is approaching!

 

 

Thanks in advance!

[dx100uk]

time to go read other rectum claimform threads dave

if you had you would have seen that response numerous times

 

simply rectums attempts to unnerve defendants..

 

your defence is not due till/by 4pm Friday 16th-

no panic but wont hurt to again look at like threads