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Arrow/ Restons claimform for old EGG loan


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Name of the Claimant ? Arrow Global

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 4th August 2016

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 6th September

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

The claimant claims payment of the overdue balance due from the defendent under a contract between the defendent and Egg dated on or about Mar 30 2006 and assigned to the claimant on Nov 30 2015.

 

What is the value of the claim? £4000

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

 

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

 

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. It is the debt purchaser who issued claim

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

 

Did you receive a Default Notice from the original creditor? Not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Financial difficulties

 

What was the date of your last payment? June 2011 although they claim July

 

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

Hi

 

 

I received a claim form from Restons on behalf of arrow global.

It's from a loan taken out in 2006.

I got into financial difficulties in 2011

after entering into a reduced payment arrangement for a few months I stopped paying.

I hadn't heard anything from them until recently.

 

 

I have read lots of threads and have acknowledged the claim with intent to defend.

I realise I have to send a CCA and CPR 31.14 Request. I

would like to know whether I can ask for the notice of assignment, default notice, termination notice and statement of account if none of these documents are mentioned in the particulars of the claim?

They only mention 'a contract'.

Is this covered by the CCA request or should I put this in the CPR 31.14 Request too?

 

 

Many thanks for your help

Edited by monkeypin29
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Request them anyway

Restons never respond as you've prob read anyway

The CCA request is the important one

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... 

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  • 4 weeks later...

Hi

 

I posted briefly about this when I first received the claim form.

I sent off my CCA request to Arrow and CPR 31.14 request to Restons.

 

I received a letter back from Restons saying they didn't see why they should provide the agreement as I would have seen it when I took out the loan.

They also said they wouldn't provide the notice of assignment or statement of account as they weren't mentioned in the claim particulars.

 

I had a letter from Arrow stating they will try to get the agreement from the original creditor.

So far I haven't received anything.

 

I have to file my defence by 6th September.

Without having received any of these documents is it simply a case of denying all knowledge of the debt and pointing out I haven't received any of the documents relating to it?

 

Many thanks in advance.

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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... 

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Share on other sites

Particulars of Claim:

 

1.The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Egg dated on or about 2006.

 

2. and assigned to the Claimant on 2015.

 

3. PARTICULARS a/c no - ************

 

DATE ITEM VALUE

 

2016 Default Balance "xxxxx.xx"

Post Refrl Cr NIL

TOTAL "xxxxx.xx"

 

Proposed 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 noted and accepted. I have had financial dealings with Egg in the past. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my request for further information.

 

3. Paragraph 2 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in 2015 by either the claimant or Egg.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant;

the Claimant has failed to provide any evidence of credit agreement/assignment/balance/breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:

 

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

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

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

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77 request and their solicitors, Restons, have refused my CPR 31.14 request.

 

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as 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 82 A of the consumer credit Act 1974.

 

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

 

 

 

 

....................

 

 

So this is the defence.

I've pretty much copied and pasted although altered a few things.

 

 

I just wondered, after reading that thread,

it says that he was told by arrow that collection duties are stopped until the agreement is provided.

I've been told the same by both Restons and Arrow.

Does that mean I still have to submit a defence?

How do you know when the case has been stayed or is this only after the defence is submitted?

 

Also, what happens if they do actually send the agreement before I have filed my defence?

 

.

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I just wondered, after reading that thread,

it says that he was told by arrow that collection duties are stopped until the agreement is provided.

I've been told the same by both Restons and Arrow.

Does that mean I still have to submit a defence? YES never trust a claimant or their sols

 

How do you know when the case has been stayed or is this only after the defence is submitted?

they have 28 days to do 'something' else the claim get autostayed...

Also, what happens if they do actually send the agreement before I have filed my defence?

 

.

 

 

well that why you leave filing till just before the due time/date

 

 

if par chance MCOL is down [ and it happens a lot}

then:

 

 

MCOL is only one way of responding to a claim.

.

If you are having problems logging in, or would prefer not to use MCOL,

you can fax, email or post your response to the Court instead.

If you send your response by e mail

please send it to [email protected] and ensure you quote “Claim response” and quote the claim number in the subject field.

.

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... 

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Thanks for your reply :)

 

What I meant by my last question though was if they do produce the agreement just before I file a defence, what kind of defence do I then file as I can't then say I haven't received any evidence of the debt?

 

Thanks again

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depends if the CCA return is even enforceable too.

 

let it run

 

plenty to read here should you wish too.

 

use our search CAG box of the red top toolbar

 

copy your thread title minus EGG into it

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... 

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Hi, I think I've made a mistake.

If the issue date was the 4th August,

should I have submitted my defence today?

I worked it out originally as 6th September.

I was just about to submit it when I realised.

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Hi, I think I've made a cock up. If the issue date was the 4th August, should I have submitted my defence today? I worked it out originally as 6th September. I was just about to submit it when I realised.

 

Yes...you have till midnight:-D

We could do with some help from you.

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Well yes technically the cut of is 16.00 but yours will be accepted as the next day....you will be okay.

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

 

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  • 2 months later...

Update

 

I haven't heard anything from the court since I filed my defence so I'm assuming it's now stayed.

 

Today I received my agreement from Arrow.

It appears to be an online agreement with a tick box for my signature.

They've also provided my account history and are asking how I propose to pay.

I haven't heard from Restons yet but I'm sure that's next.

 

I would like some advice on where I go from here?

I was hoping they wouldn't be able to provide the agreement.

Would I have a leg to stand on if they start the court proceedings again?

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So the claim is stayed and they'll have to pay to unstay it anyway

Can you scan to PDF what they sent

 

Have you all the statements too?

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... 

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It's a print out of my account history with EGG so all the transactions on my account. I'll sort out the PDF now

 

Here's the agreement and letter from Arrow. A few of the pages may look a bit strange as I had to edit them in Word to remove my info.

 

My account history was actually headed 'idem servicing'. I think they owned the debt prior to Arrow.

 

Thanks for your help

Arrow CCA return.pdf

Edited by dx100uk
7Mb pdf reduced to .7Mb - dx
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that's not your agreement

its a copy and paste jobbies

 

 

why do they think its acceptable to produce a reconstruction of an online agreement?

seems strange to me

also if you look at the end it says thanks for returning this to EGG

I bet you didn't!

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... 

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I didn't notice that. No I didn't send it back to them.

 

So where do I stand with this?

 

 

Shall I just wait it out and see what Reston's do next?

 

 

Are they talking nonsense about the high court ruling in 2009 then?

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next move is theirs

but you await the COURT to write if they ARE going fwd.

 

 

could simply be 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... 

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The High Court ruled it was deemed ok to use a reconstituted version with regards to complying to a section 77/78 request...but not for enforcement purposes in this case as yours is pre 2007.

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

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