Arrow/Restons Claimforn - old M&S credit card 'debt'

[molly2]

Name of the Claimant ? Arrow Global Limited

 

Date of issue – 15/09/2016

 

What is the claim for –

The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Marks and Spencer Financial Services PLC dated on or about Jan 27 2005 and assigned to the Claimant on Feb 12 2013

 

PARTICULARS a/c no - xxxx xxxx xxxx xxxx

 

DATE ITEM VALUE

29/01/2016 Default Balance 6000.00

Post Refrl Cr NIL

 

TOTAL 6000.00

What is the value of the claim? £6600

 

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

 

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. Account assigned to Arrow Global who issued claim

 

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

 

Did you receive a Default Notice from the original creditor? I do not know

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Received an Annual Statement in 2016. Not ever received a Notice of Default sums

 

Why did you cease payments? Ran out of money so stopped Debt Management Plan

 

What was the date of your last payment? June 2014

 

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 management plan? Yes I was in a debt management plan from 2008 to 2014

 

I submitted a CCA request earlier this year, when Arrow transferred the account to Restons, and received the following back :

 

'&More' Credit Card Application form - dated January 2005 (see attachments)

Credit Card Agreement - dated October 2013

Credit Card Agreement Terms - dated May 2015

Statement of Transactions - October 2012 to November 2012

 

I have acknowledged service and said I would like to defend all.

I will send a CPR31.14 to Restons.

Is there anything else I need to do prior to preparing a defence ?

JAN2005 S78Page1.pdf

JAN2005 S78Page2.pdf

[dx100uk]

Scans are very pixalated

Is that what they sent?

[molly2]

I did a 300 dpi colour scan so I shouldn't have made it any more illegible than it already was!

 

It is impossible to read the small print on the photocopy they sent me. Only the larger headings and anything handwritten are actually readable.

[dx100uk]

then that's pants

but its pants anyway

 

 

dx

[martin2006]

What they have sent is completely illegible and represents little more than toilet roll, for a pre april 2007 agreement it MUST be a copy of the original agreement, showing the prescribed terms, they are going nowhere with whats been sent.

[cfs_too]

post deleted - didn;t realise &more card to start with, not chargecard etc

Sorry

 

me_too

[molly2]

Ok, sent CPR to Restons, asking for a legible copy of the agreement.

[dx100uk]

nope CCA request to the claimant.

 

 

dx

[molly2]

Already sent CCA to the claimant. They came back with an illegible scan (post 1).

Should I send another CCA to the claimant, asking for a legible copy of the agreement this time ?

[dx100uk]

imho no.

if that's all they've got tough on then it cant be read

 

 

see what andyorch thinks

[AndyOrch]

imho no.

if that's all they've got tough on then it cant be read

 

 

see what andyorch thinks

 

Agreed...if thats all they have thats fine

[molly2]

Thanks andy, Martin, dx.

 

So in my defence to the claim (not due for a few weeks yet) I can refer to non-compliance of cca request by virtue of providing an illegible photocopy of a credit card application form.

[martin2006]

For now and until they provide a true copy of the original you are looking for a no paperwork/holding defence.

Search your thread title in the cag search bar for lots of them

[AndyOrch]

Thanks andy, Martin, dx.

 

So in my defence to the claim (not due for a few weeks yet) I can refer to non-compliance of cca request by virtue of providing an illegible photocopy of a credit card application form.

 

Yes...just as a reminder for your defence I would include reference......

 

61 Signing of agreement.

 

(1)A regulated agreement is not properly executed unless—

(a)a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b)the document embodies all the terms of the agreement, other than implied terms, and

(c)the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

[molly2]

Thank you again dx, martin, Andy.

Defence drafted below, making reference to Section 61(1)© of CCA1974.

 

Particulars of Claim

 

The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Marks and Spencer Financial Services PLC dated on or about Jan 27 2005 and assigned to the Claimant on Feb 12 2013

 

PARTICULARS a/c no - xxxx xxxx xxxx xxxx

 

DATE ITEM VALUE

29/01/2016 Default Balance 6000.00

Post Refrl Cr NIL

 

TOTAL 6000.00

 

 

Defence

 

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 16.5 (3) in relation to any particular allegation to

which a specific response has not been made.

 

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

 

On receipt of this claim I requested by way of CPR 31.14 and Section 78 of the Consumer Credit Act 1974, copies of any documents referred to within the Claimants particulars to establish what the claim is for.

The response to my CPR 31.14 request did not contain any documents on which the Claimant is basing their claim.

The response to my Section 78 request contained an illegible photocopy of a Marks & Spencer Money Credit Card Application.

 

By way of Section 61(1)© of the Consumer Credit Act 1974, the agreement can not be considered to be properly executed unless all its terms are readily legible. Therefore the Claimant/Solicitor has failed to disclose any properly executed agreement upon which its claim relies.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant, and 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;

(d) Show how the agreement was legally terminated to allow the claimant to request relief.

 

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

 

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 82A of the Consumer Credit Act 1974.

 

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.

[AndyOrch]

[molly2]

Thanks for the thumbs up Andy.

 

 

Just reading through the defence again, should I remove this bit near the end, because I believe I may have received a Notice of Assignment.

 

 

"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 82A of the Consumer Credit Act 1974."

[AndyOrch]

No ...thats nothing to do with a receipt of Notice of Assignment...if you do not want to challenge the validity of the Assignment then thats a c)

 

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

[molly2]

Defence submitted on time as above.

 

Restons have come back with a more readable copy of an application form.

 

In their covering letter, they say Arrow Global have INSTRUCTED Restons to make an application to strike out the Defence,

if I do not withdraw my defence via the form N9A.

 

Alternatively Arrow Global is prepared to consider any reasonable settlement proposals ...

 

Yes most of it is now readable, although I still can't read the small print about Data Policy.

 

So what do I do now .... call their bluff and let them apply to strike out the defence ?

 

This is the second page of the Agreement they sent.

mergede.pdf

[AndyOrch]

Its a lot clearer ..even legible now.

 

Andy

[dx100uk]

bottom line is its restons usual letter.

seen on lots of threads here already.

 

 

pers I don't think those documents constitute an enforceable agreement neither do they contain all the necessary T&C's//

#sheet one starts at point 5!! wheres the rest of the T&C's

 

 

that's an instore application form when you were buttonholed by a member of staff either at the tills or on the way out.

 

 

ih ave a complete agreement in my files after my neighbour did the same

and they got sent a credit agreement to sign and send back shortly after the in store sign up

that's looks nothing like that and has pages of T&C's

[dx100uk]

Testf

[molly2]

Arrows have changed the sols of the claim from Restons to their own sols.  The claim was transferred from Northampton to my local court.

 

Last month their sol wrote to say they would be in touch after reviewing my defence.

 

Now I have received an N24 saying the judge has reviewed the case and has allocated the case to the small claims track.

 

Not sure if this was instigated by Arrows or the court itself.

 

Invited to file and serve statements of evidence in support of defence.

[dx100uk]

you mean an N244 

what are they after doing??..strike out your defence and going for summary judgement?

if this is NOT from the COURT

safe to ignore till they actually do write to you saying Arrows have filed that N244.

 

have they inc any evidence?

 

[molly2]

All I've had from arrows is a notice of change of legal rep to their in house sol.

 

Then from the court a notice of transfer of proceedings as the CCBC sol is no longer acting.

 

From the court now requiring action, a general form of judgment or order from the judge at the court saying that he has considered the papers in this case (what papers?  I haven't submitted any papers, only my defence, neither have arrows as far as I know, only their initial claim) and has allocated it to the small claims track.

 

Claimant and defendant both required to file and serve evidence in support of their case.

 

It sounds like the court has decided to bring it to trial without arrows applying to lift the stay.