Arrow/Reston claimform - old ASDA credit card 'debt'

[gem77]

Hi,

I wonder if anyone has had any dealings with Viking collection services working on behalf of Santander?

 

I am currently sorting out DMP's with all my creditors as a result of a drop in income.

Most have accepted it,

one has just ignored it,

one just keeps sending duplicate letters every so often,

 

 

bmy Asda card that is owned by santander have now passed it on to vikings who are demanding full payment of the outstanding balance.

 

I wrote to santander a few times telling them my situation and what i could afford and i have been paying that. I have now sent another letter explaining this to Viking. My experience is telling me that Viking is in fact just another part of Santander. Am i right in thinking this and does anyone know what they are like to deal with, will they take me to court sooner rather than later? Is this just a scare mongering letter to make me pay up?

 

Any advice on how to deal with this company would be much appreciated.

Many Thanks

Gem77

[IdaInFife]

Hi Gem,

 

Just treat them as the rest and resend you payment proposal to them. Always handy to include the first payment and keep paying what you have offered if they accept it or not.

 

Ida x

[gem77]

Hi Ida, Thanks for that. That is what I did I have now recieved another letter demanding full payment It reads as follows:

 

Viking collections services Limited are dealing with your account.

 

The full outstanding balance is £953.37 and must be paid IMMEDIATELY.

 

We have and will continue to report the perfomance of your agreement to the following Credit Reference Agencies:

 

EXPERIAN LTD

EQUIFAX EUROPE LTD

CALL CREDIT PLC

 

This may make it difficult for you to obtain any future credit, including mortgages.

 

Further action is being considered that includes:

 

1) COUNTY COURT SUMMONS/AN ACTION FOR PAYMENT.

2) BANKRUPTCY/SEQUESTRATION (for balances above £750)

3) INSTRUCT A COLLECTOR TO CALL AT YOUR HOME.

 

It is essential to contact us on 08448482206

 

Yours faithfully

 

R Hodgson

Viking Collections Manager.

 

Is this just a scare mongering template letter or are they seriously considering court action and bankruptcy? What should I reply?

 

Regards

Gem

[IdaInFife]

these are for scaremongering but you always have to be prepared that when you can't amke payments in full these are things that creditors will do.

 

but if you are paying and trying to manage and they do go to court, it doesnlt look good on their behalf

 

just keep paying what you have offered

 

is there any charges or ppi on this one or any others that can be claimed back to help reduce the balances -

[gem77]

Thanks Ida, The only charges I have on them are the ones from the last few months when I started to set up the payments plans. I did have PPI on my barclaycard that I am trying to claim back but its a long process as it was longer than 6 years ago. But fingers crossed I will get it back.

[gem77]

Hi.

 

I have received a claim form from restons for a store card I had back in 2005.

I haven't heard anything about this debt for quite a few years and have quite a few other debts that I am paying off and presumed this was one of them as they are all in the hands of collection agencies.

 

A few months ago I received a letter stating the account had been passed to restons but to continue to pay as normal if I am doing so. Thought nothing of it as I know they are always being passed to different agencies.

 

Then I receive a letter from restons that they will be issuing court papers if they don't hear from me and sort out a payment arrangement. I wrote back to them stating I am unaware of this debt and please can they tell me where the figure of £1930 had been comprised of. And that if I agreed with it I would set up a standing order and pay them £5 a month. I also sent them an income and expenditure sheet to show them that is all I could afford.

 

Another letter received to state they are under no obligation to provide me with this information but could tell me it was for an asda card and my last credit was for £40 on October 2010, and that my offer of £5 a month was not enough to stop it going to court and once a ccj was obtained they would seek a charging order on my home.

 

I do remember having an asda card but it was no where near £1930 more around £900. Honestly thought I had been paying but it's one that obviously slipped me by. I guess around £1000 has been added in charges and interest.

 

I have now received claim forms and have sent AOS . I am guessing I now need to send a CPR 31.14? Which I know I have done in the past. Surely it's not right for them to turn round and say they are not obliged to send me supporting information to show what the debt is?

 

I have had no other correspondence from them for years. No statement of account or anything .

The POC are very brief

 

'The claimant claims payment of the overdue balance due from the defendant under contract between the defendant and santander dated on or about May 24 2005 and assigned to the claimant on May 10 2013

 

Particulars a/c no. *********

Date 16/02/2016 Default balance 1930.83 '

 

Really not to sure where to go from here.

[dx100uk]

So not Statute barred?

 

Your old Asda card?

 

CPR 31:14 to sols

CCA request to the clainant

[dx100uk]

can yo fill this out too please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

 

 

dx

[gem77]

Hi dx100. Yes that's the one. As you can see I'm sure I set up a payment arrangement and that the original amount was almost £1000 less than they are claiming.

 

Sorry didn't realise I had already started a thread thanks for attaching it for me.

 

Should I also send a CPR 18 to obtain the default notices?

[dx100uk]

no put it in the 31:14

 

 

get that link done please

 

 

restons will always frustrate and confuse.

 

 

shame you wrote to them before coming here first...

 

 

 

 

dx

[AndyOrch]

 

Should I also send a CPR 18 to obtain the default notices?

 

CPR 18 is not applicable to Small Claims Track.

 

Andy

[gem77]

Name of the Claimant ? Arrow Global Limited

 

Date of issue – 23 August 2016

 

10th September to AOS. 24th September to file defence

What is the claim for –

'The claimant claims payment of the overdue balance due from the defendant under contract between the defendant and Santandericon dated on or about May 24 2005 and assigned to the claimant on May 10 2013

 

Particulars a/c no. *********

Date 16/02/2016 Default balance 1930.83 '

 

What is the value of the claim? 1930.83 + court fee and legal costs = 2115.83

 

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

 

When did you enter into the original agreement before or after 2007? May 2005

 

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.

With a debt purchaser

 

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

I don't remember

 

Did you receive a Default Notice from the original creditor?

I don't remember.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

No

Why did you cease payments?

Considerable drop in income

What was the date of your last payment?

Apparently 4th October 2010

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

 

I had been away at my in-laws when this was issued so I didn't actually receive it till we got back Friday 9th September late in the evening. I did the AOS the very next day.

 

Isn't the CPR 31.14 only able to ask for documents mentioned in the poc? The only thing they mention is the agreement and the date it was assigned?

[gem77]

I know I was silly to write. But it stumped me what it was for as I really did think I was paying them all now, and that balance didn't match any of them and hadn't heard a peep about not paying one for a few years.

 

Doing CPR and cca now.

[dx100uk]

They state default balance....request default notice

[gem77]

Ahh right I didn't connect the 2 good thinking. Will do.

[gem77]

So my defence is due in tomorrow. Not heard anything from Arrow or Restons about my CPR or CCA. I guess I need to add that into my defence? I shall draft it out later.

[dx100uk]

Claimform credit card arrows

 

Into our search cag box

Holding/ no paperwork one

[gem77]

Thank you DX.

[gem77]

right i've scrolled through a fair few threads and this seems to be the defence everyone is using for holding/no paperwork defence.

 

 

Found one with practically identical POC to mine who also used this defence.

 

 

Can you just confirm it is the right one for me please.

 

 

1.The claimant claims payment of the overdue balance due from the defendant under contract between the defendant and Santander dated on or about May 24 2005

and assigned to the claimant on May 10 2013

 

Particulars a/c no. *********

Date 16/02/2016 Default balance 1930.83 '

 

 

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. I have in the past had financial dealings with Santander. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. I am unaware of what account or contract the claimant refers to. The claimant alleges the contract was assigned to the claimant on May 10 2013. This is denied I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the LOP Act 1924.

 

3. The claim is denied with regards to an amount due under an agreement.

The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon. On receipt of this claim the Defendant requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31.14.To date I have yet to receive a compliant response.

 

4. The Defendant also requested information pertaining to this claim from Arrow Global by way of a Section 78 request. To date I have yet to receive a response complying with the request.

 

5. Therefore with the courts permission the Claimant is put to strict proof to:

 

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

(b) Show and disclose how the Claimant has reached the amount claimed for;

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

 

6. As per civil procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

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

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

Thought I would wait until the deadline tomorrow to submit it just incase something turns up in the post tomorrow morning. is that wise or should I just submit it tonight ? ( If its the correct defence )

 

Many thanks

[dx100uk]

looks good to me

10/10 for checking the pocs the same too

wish everyone could do that but some seem to just not get it...

 

 

ideally that should have been sent by 4pm

but as your due day is not till tomorrow

[even though on a w/end you should file by Friday 4pm]

you'll be ok.

 

 

go file that if you wish

or wait incase andyorch pops in soon I expect to finally check it.

dx

[gem77]

oh oops didnt realise that. Will submit it now then.

 

I thought it best to find a thread as close to my own as possible otherwise it gets more confusing to me than it already is and I get totally lost.

 

Thank you so much DX.

[dx100uk]

10/10

good work

 

 

dx

[AndyOrch]

Defence is good gem.

[gem77]

I have received a couple of letters from Arrow and Restons.

 

 

The one from Arrow stating they do not accept that they are the creditor,

however they are willing to assist in obtaining the requested documents ( response to CCA request) .

Goes on to state all collection activity will be suspended pending provision of the documents.

 

Got 2 from Restons .

First one stating that because the claim was issued via the county court business centre it allows the claimant to insert brief details of the claim and does not allow for the attachment of any enclosures , it refers to paragraph 5.2A of practice directions 7E.

Also states a CPR 31.14 refers to documents mentioned in the POC which those requested are not. They go on to say that the POC contain sufficient information for me to understand what it relates to.

 

Second letter is in response to my defence stating again there is enough info in the POC and that santander should have sent me statements and default notice so I should look through my own personal records for the documents but they have asked the client to try to obtain them and they will contact me further when they have been received.

 

Guess it's just a waiting game now.

[dx100uk]

all three are standard letters they send to everyone they issue a claim form too

that's send CCA/CPR

 

you should have already of seen them during your excellent research earlier

 

next move is theirs they have 28days from your defence filing date else it gets auto stayed