Arrows/restons claimform - old Debenhams Store card changed to a newday Credit Card

[dx100uk]

i take it you mean you ack'd the claim [AOS} defend all.

i hope you've not filed a defence yet!!

 

 

we need that link doing please

follow the tried and tested method here already in 1000's of claimform threads else you'll come unstuck sapper

[sapper2409]

I registered on line to MCOL stating we were disputing this case and the jurisdiction , I did this because the claim form was issued on the 7/07/17 and it is now the 19th and I have only 14 days to contest this ,and no we haven,t filed a defence yet

[dx100uk]

you don't contest jurisdiction...

 

 

that's why andy said READ and complete that link....so's you don't make any silly schoolboy errors oppss!!

aos date was by the 19th,

[sapper2409]

oops ,I,m a schoolboy l.o.l.

 

as I only received the court claim letter today I thought the deadline would be the 21st

and we know what the royal mail is like ,

 

I shall do andy,s link tomorrow ,

 

meanwhile do I send CCA,s to arrow and restons or just restons ???

 

this is doing my head in l.o.l. been on it all day .thanks dx

[dx100uk]

third time.

 

 

if you go do that link

it TELLS YOU

what to do !!

[sapper2409]

Name of the Claimant ----- arrow global

 

Date of issue – -- 07/07/17

 

What is the claim for –

 

1,The Claimant claims payment of the overdue balance due from the Defendant (s) under a contract between the Defendant(s) and NewDay Ltd dated on or about Jun 02 2006 and assigned to the claimant on Oct 18 2016

 

2.particulars a/c no- 73******************

DATE.............. ITEM ........ VALUE

 

15/05/2017 default balance .. 1384.29

 

Post Refri Cr NIL

 

TOTAL 1384.29

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account--- Debenhams store card

When did you enter into the original agreement before or after 2007?--- before 1996

 

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

 

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

Did you receive a Default Notice from the original creditor? --- no

 

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

Why did you cease payments-- because we didn,t have a contract with new day / arrow and they took two payments from her bank account

 

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 --- no

 

the card was a Debenhams storecard for £1000 limit ,

this account was taken over by Santander which she knew about ,

she lived in .... at the time and was up to date with the payments and was clear of debt and the card had expired in 2009 ,

when her partner died in February 2011 she was alone and a pensioner so she sold the house,

cancelled all direct debits and moved to ..... to her family,

what we believe has happened is that newday took over the Debenham store card accounts from Santander which she knew nothing about and newday sent a card and pin number to her old address in .... and the new owners or someone used it ,

when she found out newday took money from her account she phoned newday and queried it

they said they would look into it,

this was in 2015

she heard nothing more from then until she had letters from capquest and arrow in December 2016 / january 2017 now it has come to this .

I know this is a long winded explanation but I thought it was better to tell you the full story .

thanks for any help or advice

 

 

 

 

 

 

[AndyOrch]

If we could have their particulars of claim in full please sapper...verbatim.

 

Andy

[dx100uk]

is that ALL the particulars of claim says??

[sapper2409]

hi andy and dx, the particulars of claim are

 

The Claimant claims payment of the overdue balance

due from the Defendant (s) under a contract between the Defendant(s)and

NewDay Ltd

dated on or about Jun 02 2006 and assigned

to the claimant on Oct 18 2016

particulars a/c no- 73******************

DATE.............. ITEM ........ VALUE

 

15/05/2017 default balance .. 1384.29

Post Refri Cr NIL

 

TOTAL 1384.29

 

The Claimant believes that the facts stated in this claim form

are true and I am duly authorised by the claimant to sign

this statement

 

Signed N**** P***** C**

(Claimants Legal Representative )

 

I think I have done it right this time lads , I have typed it as it is on the claim form it says on the claim form the total is 1384.29 but with lawyers fee and court fees takes the total to £1534.29 (notice I put the pound sign in not like them ) . once again thanks for the help

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[sapper2409]

hi dx , i went on the MCOL website and registered then went through the boxes ticking them ,as i said before i made a school boy error by ticking the jurisdiction box ,

do i mention i requested a SAR and no reply ?

do i send a CCA request to claiment AND the lawyers ?

or is it just the CPR31:14 to the lawyer ??

 

now then can you please tell me this cpr31:14

do i write it all out because there is two lines in red telling me to delete certain things and i,m not sure what i have to delete . thanks

[dx100uk]

all is explained in post 35 if you read it and all the posts off the CCA/CPR black click links.

[sapper2409]

hi again ,

 

well the latest chapter is that we sent the CCA to global arrow and the CPR31.14 to restons this morning

when the postman came there was a big fat envelope from newday

 

it had all the account statements going back to june 2007 ,

also they sent a letter ,

notice of sums in arrears

and it is for two payments the 30th /04/15 and 28/05 /2015

 

the address on the letter is Romford as is the account statements .

 

they also sent a badly photostated copy of the application for a debenham account ,which the missus remembers filling it out, it is dated 1/10/1988

there was another sheet of paper titled "account details "

and on there is the usual, name, address and her details ,

 

the next item is " date account opened and that was dated 02 / 06 /2006

then, next is " account closure date " N/A,

and finally "account block added " 09 / 07/ 15

 

,it seems there is a discrepancy on the dates when the account was opened ? ,

she never got a letter from newday informing her of the account changing hands,

we believe that the "account blocked added " was when she found out that newday was taking money from her account which she put a stop to it immediately by informing the bank .

 

as I said before she phoned newday up about all this and they said they would look into it so nothing else was heard about it till now , once again thanks for any advice

[dx100uk]

so this was information she requested directly from newday as a result of her enquiries

not something from the fleecers?

 

 

dx

[sapper2409]

yes dx, it came about 12- 0- clock today ,i posted the CCA to arrow and the CPR31,14 to restons

[dx100uk]

then you keep that lot to yourself!!

unless it can help you IF it ever does get to the witness statement stage

wont hurt to scan it ALL to ONE multipage PDF

click upload

[sapper2409]

sorry dx

 

 

,i,m stupid what do you mean,

keep it to myself unless it can help me IF it ever does get to the witness stage ,

 

 

i dont understand

i,m an ex squaddie l.o.l.

 

 

i got a printer with scanner and about 150 pages from newday ,

newday also sent a load of memo,s all words abbreviated,

they also sent along with these was a glossary of what the abbreviations mean

the only trouble is that the glossary and memo,s don,t match up . thanks again

[dx100uk]

ok well you need to be reading the other threads in this legal forum

get upto speed on the process this could go thru.

 

as for the info newday has provided...

 

the claimant can ONLY rely upon stuff THEY SEND YOU back with regard to your CCA/CPR requests you sent.

 

the fact that YOU made an SAR to newday and its given YOU info,,,you KEEP to yourself..

 

however, it MIGHT become useful, if lets say the fleecers produce XYZ and that's a fake or made up rubbish that doesn't match what you already know to be the real mecoy...think about it..

 

but WHATEVER HAPPENS = you do NOT MISS your defence filing date.

[sapper2409]

thanks dx ,the mist is clearing I,m not very good with legal matters now give me a bike or lump of metal and I,m an expert l.o.l.

[sapper2409]

hi again ,

we got a letter from restons today saying there were errors in the letter for CPR31,14 and they are not sending it .what now ??

 

 

I haven,t heard from the courts yet , as we are going on holiday (camping) on Friday ,

I think the court case will be over and done by the time we get back anyway

 

 

I have scanned the latest letter hope it is readable and

how can they send the original agreement with newday when she never signed anything agreement from newday .

 

 

thanks sapper2409

court letter.pdf

Edited July 26, 2017 by sapper2409
add details

[AndyOrch]

If you can make sense of that first paragraph your a better man than me:!:

[dx100uk]

are you going to be back by the 8th aug?

usual rubbish from reston

safe to ignore

[sapper2409]

thanks andy and dx for answering so quick ,we will be travelling around scotland spending a couple of days in each campsite working our way up to fort william so not taking laptop or internet .

[dx100uk]

could have waved if you'd gone up the east coast

 

 

so you are back before the 8th then?

[sapper2409]

hi dx , naw I will be at my second campsite at tighnabruich on the 8th ,why ? is there a reason ? may come back down the east coast normally go to seahouses near lindisfarne and don,t do skeggy l.o.l.