Arrow /Restons Claim Form - old HFC Overdraft? debt

[V.P.]

Afternoon Folks,

 

My wife in the post this afternoon has received a County Court Claim Form from Arrow Global/Restons Solicitors and despite reading the forums, I'm a bit stumped on how to proceed.

 

I've attached images of the whole claim form(minus personal information) and also an image of the particulars of claim(which I think is statute barred).

 

My wife has never heard from them until recently and has never responded to them, the Claim form is addressed in her maiden name despite us being married 4 years.

 

Could I have some help on this if possible please.

 

&

[shamrocker]

Before you go any further, you need to read this thread and post up the answers to the questions - http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

It's a March 2007 agreement - that might be handy!

 

You have an account number showing in the particulars - this shouldn't be posted in public. Mods can you check it out?

[AndyOrch]

Hi VP and Welcome to CAG

 

If you could read the following link and then copy and paste the Qs and your responses back here for further advice.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

Regards

 

Andy

[V.P.]

Name of the Claimant ? Arrows

 

Date of issue – 10th October 2016

 

Date to acknowledge by= 28/10/2016 + 14 days

 

 

date to submit defence = 11/11/2016 (33 days in total)

 

What is the claim for – the reason they have issued the claim?

 

 

1.The Claimant claims payment of the overdue balance from the Defendant(S) under a contract between the Defendant(S) and HFC Bank Limited dated on or about March 29 2007 and assigned to the claimant on November 30 2015

 

What is the value of the claim? £422.49

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Doesn't State however I presume it is a current account.

When did you enter into the original agreement before or after 2007? On or about March 29 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. Arrow Global

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No -

Did you receive a Default Notice from the original creditor? My wife cannot recall that far back but I cannot locate anything in our paperwork

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No - I check all post and have not seen this.

Why did you cease payments? My wife at the time was undergoing test for a medical condition which was subsequently diagnosed meaning she was unable to work.

 

What was the date of your last payment? She Cannot Recall

Was there a dispute with the original creditor that remains unresolved? Not that I am aware of and not that she can recall.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementi plan? She cannot recall having a discussion with them

[V.P.]

On the CPR31.14 Request to the solicitor - do I put my wife's maiden name down or her married name?

[dx100uk]

HFC didn't do overdrafts as such- the only bank account they did was a current account plus that was like a revolving loan. AFAIK.

I bet its a loan or a credit card

probably Electrical goods via PC world or an HP loan loan or pers loan for furniture etc.

 

 

have you checked her credit file?

 

 

i'd be sending a CCA request regardless

[V.P.]

DX100UK,

 

I have checked her credit file as of 10 minutes ago - there is nothing showing at all for a HFC Bank Limited for the amount being claimed on the claim form, the closest thing to a bank on her credit file according to Experian is Hoist Portfolio Holding 2 Limited and the amount is £449.

 

Do I need to send a CCA Request, CPR31.14 or both to the claimant's solicitor? Also shall I respond to the claim online as indicated on the claim form?

 

Many Thanks

[dx100uk]

yes acknowledge the claim

defend all

leave jurisdiction unticked

 

 

CCA request to the claimant

CPR 31:14 to the Solicitors

 

 

don't sign anything leave the £1PO blank and uncrossed.

 

 

I suggest looking at the type of account numbers HFC had

this is a personal loan. probably for some kind of domestic appliance/furniture or electrical equipment

[V.P.]

Thank you DX100UK,

 

Do I also put address the letters from her maiden surname or married surname?

[dx100uk]

would have to be her maiden name as the claim is in that name too.

can be sorted later I would assume.

 

 

but knowing HFC stuff well

hens teeth they find any details to pursue the claim further

as HFC shredded everything from that era when the big PPI debacle started.

[V.P.]

DX100UK - Thank you - you have been a great help so far.

 

I have composed the letters accordingly would you be able to check them before I print and send them?(Do they need to be a particular file type to upload here?)

 

Many Thanks

[dx100uk]

no we don't need to see them

and if you read the letter posts

you'll see it says DONT PUBLISH IN THE OPEN FORUMS..

 

 

is your OH's other old debts showing on her credit file

and all her old addresses?

[AndyOrch]

As the claimant has failed to state an agreement number..they are going to struggle to proceed with this claim once defended.With regards to your CCA request...you must state an agreement number within the request.....otherwise it is not legally valid.

 

Andy

[dx100uk]

there is an agreement number on the hidden JPG post 1 andy

hence I can tell its a loan.

 

 

HFC current account plus numbers has a / in the middle and no proceeding 0's....

[V.P.]

DX100UK - I have checked and any other old debt's and addresses are shown - this one does not appear at all and I have been over her Experian report multiple times to make sure I haven't missed anything.

 

They have provided an account number in the particulars of claim(it starts with 4 zero's).

[dx100uk]

Yes we as sitefeam can see the number

 

I would guess it was defaulted more than 6 yes ago and removed ffin her file

And is long statute barred

 

No harm in ringing HFC ( not HSBC) tomorrow and asking last payment etc

You have the account number

[AndyOrch]

there is an agreement number on the hidden JPG post 1 andy

hence I can tell its a loan.

 

 

HFC current account plus numbers has a / in the middle and no proceeding 0's....

 

Correct ignore me......

[dx100uk]

No we would never ignore you

We all make mistakes...said the dalek climbing off the dustbin....

[V.P.]

On the acknowledgement of service it asks if I wish to contest jurisdiction - do I tick this box or leave it blank?

[AndyOrch]

On the acknowledgement of service it asks if I wish to contest jurisdiction - do I tick this box or leave it blank?

 

Leave it blank

[dx100uk]

already detailed in post 8....V.P.

[V.P.]

Morning Folks,

 

I have so far had a response(see below) from Restons to the CPR request but nothing so far from Arrow. How do I proceed from here?

[dx100uk]

std reply reston send to all CPR requests if you go read other threads with your players

[V.P.]

DX100UK,

 

I have read other posts regarding the issues others with these two Micky Mouse companies however I am stumped on what exactly I need to do.

 

I have been worrying about this so much that I have unfortunately been in hospital the last 2 days due my epilepsy being triggered by the stress of this issue.

 

Do I need to wait for Arrow to respond to the CCA request(which I have checked and they received/signed for on Monday) before I formally submit my wife's defence?

[dx100uk]

bottom line is you ignore that letter

simply sent to irritate, frustrate and unsettle defendants.

 

 

you file on time regardless.

11/11