Arrow/restons claimform - old Vanquis Card debt - statute barred

[fkofilee]

I have not heard anything from Restons since the 16th of June,

where they sent me a letter acknowledging receipt of my "poorly written defence found on numerous consumer websites" and that they were waiting for further instruction from their Clients, Arrow Global.

 

Wow! They really are bullies?

[AndyOrch]

"poorly written defence found on numerous consumer websites"

 

As are their particulars of claim which are not even CPR compliant

[UKDomains]

after not hearing anything for 4 months, I received the attached in the post today.

 

Arrow are still contending that the limitations act starts when the default is issued.

Looked at various previous cases and feel I should respond with

REEVES v. BUTCHER. - [1891] 2 Q.B. 509 as well as Swansea City Council v Glass. - [1992] 2 All ER 680

 

As recap:

 

Took out Vanquis card in April 2009.

Last payment made according to SAR from Vanquis: 10th December 2010 (Arrow claim 14/2/2011 - but that was a bounced debit order.)

Restons issued proceedings 30/5/2017

Statute barred defence filed 7/6/2017

Restons sent letter 14/6/2017 saying they're reverting back to client

MCOL confirmed case has been stayed 17/9/2017 as Arrow/Restons never responded to my defence.

Arrow sent attached letter 24/10/2017

 

Any cleverly worded letter I can tell them to bugger off?

If a case is stayed, does the statute barred clock start ticking again?

arrowoct17edit.pdf

[AndyOrch]

Any cleverly worded letter I can tell them to bugger off? No need to its a stayed claim....provisional

If a case is stayed, does the statute barred clock start ticking again? No..must be discontinued or struck out

 

But whilst its stayed its not going anywhere ...so as good as statute barred

 

Andy

[UKDomains]

Thanks, always get confused between stayed and discontinued.

I'm just going to write back saying it's statute barred, stayed and I have no intention of entering into a payment plan with them.

[AndyOrch]

Thanks, always get confused between stayed and discontinued.

I'm just going to write back saying it's statute barred, stayed and I have no intention of entering into a payment plan with them.

 

Why ?

[dx100uk]

pointless restons know the score.

 

dx

[UKDomains]

It's been sent back to Arrows.

But get your point.

 

It's off my CRA record, and I will just ignore until something comes from court if ever.

[AndyOrch]

But according to their letter its not Statute Barred ?

[dx100uk]

post 1...

[AndyOrch]

post 1...

 

Post 1 what ?

[dx100uk]

seems to be where their information comes from, attached reston letter

they claim the cause of action is the expiry of the default notices 14 days warning.......

 

This was shortly followed up by another letter,

saying I owed them £780 for the Vanquis card, last payment date: 18th January 2011.

 

hence the filing of your alternate sb defence

 

claim was issued 30th may 2017....

 

that's how think it went..

[UKDomains]

Yup, correct. They are claiming SB runs from default date of 29/07/2011, when in fact according to Vanquis SAR results, last payment was made in December 2010. So in effect they have tried to extend the SB date by 7 months.

[AndyOrch]

But you submitted the alternative SB defence that counters the stretching of limitations of time...I think the ICO would allow a delay of at least 6 months to register...possibly 7 so its a close call.

[UKDomains]

I'm looking more at what the OFT said at the time the contract was running, as well as what the legislation is saying.

A Default Notice, also known as a Regulation 27 notice:

 

Giving of notices of default sums

27. Regulations 28 to 32 shall apply to a notice of default sums given under section 86E of the

1974 Act (notice of default sums) (“the regulation 27 notice”).

28. A regulation 27 notice shall be given to the debtor or hirer by the creditor or owner within 35

days of a default sum becoming payable by the debtor or hirer.

 

In Vanquis copy of the terms and conditions they sent me as part of the SAR I sent them:

 

KEY INFORMATION

 

4.1 If you breach this agreement we may charge you for the following administrative costs:

4.1.1 If we have not received your Minimum Repayment by the repayment due Date, a charge of £12 ("Late Payment Charge")

 

Also:

6.2: Any amount which takes you over your Credit Limit and/or any arrears shown on your monthly statement must be repaid to us in full immediately.

 

So therefore Vanquis are admitting that not paying your minimum repayment/not paying anything over credit limit back immediately, is a breach of contract. Therefore they should have sent me a default notice within 35 days of breach of contract.

[AndyOrch]

Correct and all valid argument.....just have to convince the court now...should it proceed.

[UKDomains]

Thanks. They'll have to pay a fee to have the stay lifted I guess first.

This is actually the first time I've read default notices should be issued 35 days after payment was due/breach of contract.

[dx100uk]

you don't need to lift any stay.

its preparation for IF the fleecers do.

 

dx

[UKDomains]

yup, that's why I said "they'll have to pay a fee.."

[Guest]

...This is actually the first time I've read default notices should be issued 35 days after payment was due/breach of contract.

a 'notice of default sums' under s86e, but not a s87 default notice.

[UKDomains]

hmmm... ok. Funnily enough, with all the talk of Default Notices, Vanquis never included one in their SAR I sent them.

[dx100uk]

doesn't matter if they did or not. they don't have to

simply have a comms record that one was sent.

 

BUT..its what the fleecers produces under CCA/CPR or as an exhibit in their WS that's more important

what you hold or don't you keep to yourself!!

[UKDomains]

No comms record one was sent either.

We'll see what happens. I'll keep everyone updated if I hear anything further from the courts. I'm ignoring Arrows for now.

[dx100uk]

must be a comms or account log in the sar

there normally is.

vanquish are quite hot on those

[UKDomains]

I got screen grabs of account signing up details, list of transactions, payments, ROP, etc and copy of T's & C's.