Arrow /Restons Claim Form - old HFC Overdraft? debt

[V.P.]

Afternoon Folks,

 

I have response yesterday from Arrow which I have attached below

 

What action do I take on this now with respect to the defence, do Arrow/Restons automatically withdraw the Claim Form?

[Guest]

What action do I take on this now with respect to the defence, do Arrow/Restons automatically withdraw the claim form?

 

nope, stick to court timelines

[V.P.]

Thank you Ford,

 

I've obviously now got to start submitting my wife's defence in full, I've looked at the library for the template I now need to put in for my defence but cannot see the particular letter I need, is there a specific template for the defence on the contents of the CCA response from Arrow?

[Guest]

no probs.

that letter is an auto template response re a cca request or the like. its prob crossed with the other letter post #22.

theres no template defence. have a read around similar o/d threads, see whats been used and edit to suit yr circumstances.

stick to court timelines.

[dx100uk]

copy and past your thread title into the search CAG box of the red top toolbar.

 

 

also look replace HFC for HSBC and do the same

[V.P.]

Does this appear to be ok to submit?

 

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. 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.

 

3. On receipt of this claim the Defendant requested information pertaining to this claim from Restons Solicitors by way of a CPR 31.14. This request was signed for by the Solicitors on 17th October 2016. To date I have yet to receive a compliant response.

 

4. The Defendant requested information pertaining to this claim from Arrow/Global by way of a Section 77/78 request. This request was signed for by the Claimant on 17th October 2016. To date I have yet to receive a response complying with the request.

 

6. 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;

 

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

 

8. 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.

 

9. 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.

 

Many Thanks

[Guest]

is it re an overdraft. the thread title says o/d?

[dx100uk]

post 6

the poc doesn't say what it is

only a number

knowing HFC numbers well

I suggest as post 6.

[Guest]

post 6

the poc doesn't say what it is

only a number

knowing HFC numbers well

I suggest as post 6.

ah ok. cheers. the partics are well vague, no small costs or interest. so, they cant claim such unless they amend.

[V.P.]

Thank you both,

 

There is nothing showing on her credit file going back the last 8 years worth of address showing them as a prior creditor(if that's the correct wording) and nothing showing anything to the amount being claimed on her credit file either.

 

Is the wording for my wife's defence ok - the letter from Restons appears to be them not giving a damn and Arrow appear to be stalling.

 

Thanks

V.P.

[dx100uk]

poc says contract not agreement VP

[V.P.]

Version 2.

 

Does this appear to be ok to submit now I have amended it?

 

 

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. The claim is denied with regards to an amount due under a contract. The Claimant/Solicitor has been unable to disclose any contract or statements on which its claim relies upon.

 

3. On receipt of this claim the Defendant requested information pertaining to this claim from Restons Solicitors by way of a CPR 31.14. This request was signed for by the Solicitors on 17th October 2016. To date I have yet to receive a compliant response.

 

4. The Defendant requested information pertaining to this claim from Arrow/Global by way of a Section 77/78 request. This request was signed for by the Claimant on 17th October 2016. To date I have yet to receive a response complying with the request.

 

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

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

 

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

 

8. 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.

 

9. 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.

 

Signed

Miss xxxxx

[dx100uk]

i would address the fact that arrows have frustrated your CCA request.

 

 

something like

 

 

On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have declined to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

[V.P.]

DX Thank you -

 

Version 3 - Hopefully this is it.

 

 

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

 

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. The claim is denied with regards to an amount due under a contract with account number xxxxxxxx.I have no recollection of any contract with HFC or the alleged aggreement number. The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon.

 

3. On receipt of this claim the Defendant requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have declined to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request, this is despite these requests being signed for by the Claimant/Claimants solicitors on the 17th October 2016. The claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre-action protocol should be considered when the question of costs arise.

 

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

 

(a) Show and disclose how the Defendant has entered into a Contract/ Agreement; and

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

© Show and evidence any breach and service of a Default Notice.

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

 

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

 

6. 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.

 

7. 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.

Edited November 4, 2016 by Andyorch
Edited

[dx100uk]

ok let andy check that over soon

and you'll be done

i'll just bring down the POC and insert it

though its hardly worth it...

[dx100uk]

Not due till 11th so no rush

[AndyOrch]

Defence checked and amended in post#39.

 

Regards

 

Andy

[V.P.]

Thank you all for your help, I would be completely lost - a donation to this site will be coming.

 

Andy, - Do I need to include the segment highlighted in red at the top of post 39 or is your amendment below the red text fine to send albeit to include the relevant information relating to the account(acc number etc).

[dx100uk]

the red bit is purely for your ref

to properly align your defence to their poc

[V.P.]

Afternoon Folks,

 

Its been a while however after submitting my defence, we receive confirmation that Arrow/Restons had halted all legal proceedings pending them obtaining documentation.

 

Mrs V.P. has now received 2 letters from Arrow, the first one I have attached(the second is just a " we haven't heard from you, reduced offer to settle" letter.

 

I don't really know how to proceed, so far Arrows have failed to provide any form of Signed Agreement, my wife certainly has not made any payment to them. We hold a joint bank account and I have checked all historic transactions, we have never paid anything to this respect.

 

My general thinking is they are fishing as they cannot produce any signed agreement + it is over 6 years old so statute barred, however any help would be appreciated.

 

Many Thanks

V.P

Arrow Response.pdf

[dx100uk]

begging letter ignore

 

 

dx