arrow/restons claimform - Old LLoyds Loan - Prob SB d

[Rsc2017]

Synopsis

Public Sector temporary employee suffered loss of income due to Sector restructure.

 

Background

Lloyds loan taken out November 2008 for £7.5k for 7 years. Failed to make repayments from January 2011. Default August 2011. The debt has been round the usual houses: SCM -> MHA -> Moorcroft-> Iqor-> Robinson Way->Horwich Farrelly->MacKenzie Hall->Arrow Global Ltd->Debt Managers-> Rockwell-> Moorcroft-> Westcot->Arrow Global Ltd/Restons. No communication entered into with any.

 

Claim

On 8th May 2017 Arrow Global Ltd issued N1 against me through Northampton.

 

Particulars

The Claimant claims payment of the ovedue balance due from the Defendant(s) under a contract between the Defendant(s) and Lloyds TSB dated on or about Nov xx 2008 and assigned to the Claimant on Nov xx 2013

Particulars a/c no – xxxxxxxxxxxx

Date Item Value

xx/03/2017 Default Balance xxxx.xx

Post Refrl Cr NIL

TOTAL xxxx.xx

 

• 10th May 2017 AOS submitted

• 12th May 2017 unsigned request pursuant to s.77 of CCA 1974 sent by recorded delivery including £1.00 postal order sent to Arrow Global Limited.

• 24th May 2017 reply received (letter dated 22nd May 2017)…acknowledged request for documentation “We do not accept we are the creditor as envisaged by the above statute” (CCA1974). “However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course. We confirm that all collection activity will be suspended pending provision of the documents. Please find enclosed your £1.00 fee. Yours sincerely Arrow Global.”

 

Am seeking most pertinent verbiage to defend above.

 

Many thanks for all of your help

 

R

[renegadeimp]

Basically its a lemon debt, which is prob why its been passed around. If you do not recieve a complaint response for the CCA request ( ignore arrows silly reply about creditors), then wait until the last day to file the defence and file the no paperwork holding defence.

 

Arrow are doing what they always do. Grab a junk debt, and file a claim regardless.

[BankFodder]

So you haven't received any CCA?

 

Also, do I understand that you were in breach of the agreement from January 2011 – meaning six years and four months ago?

 

In that case, defence might be

 

The debt is denied. In any event, the claimant has failed to provide a CCA pursuant to statutory request. Also, any alleged debt would be barred under the Limitation Act 1980

[AndyOrch]

Hi Rsc and Welcome to CAG

 

If you could read the following link explaining the process of defending a court claim and then copy and paste the Q,s and your responses back here for further advice on how to proceed.

 

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

 

Regards

 

Andy

[Rsc2017]

Hi and thanks for your prompt response

 

Do you have a link i can use for the "no paperwork holding" defence please?

 

I just typed that into the search on CAG and it gave me so many options, but not entirely certain which one to use.

 

Your help is very much appreciated.

 

Cheers

R

[AndyOrch]

Please complete the link in post #4 above then we have the history of the agreement and dispute...then we can advise on defending the claim.

[Rsc2017]

Hi Andy

 

Many thanks for your help.

 

Please see below the questions duly answered:

 

Name of the Claimant? • Arrow Global Limited

 

Date of issue? 08.05.2017

 

 

DAte to acknowledge) = 26.05.2017

 

 

date to submit defence = 9.06.2017

 

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

• The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Lloyds TSB dated on or about Nov xx 2008 and assigned to the Claimant on Nov xx 2013

What is the value of the claim?

• £5000.00 (rounded up to nearest two significant)

 

Is the claim for a current (Overdraft) or credit card /loan or catalogue or mobile phone account? • Bank loan

 

When did you enter into the original agreement before or after 2007? • After 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.

• Issued by Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes • In December 2013 Lloyds Bank wrote to me “has assigned all its respective rights, title and interest in respect of the above referenced account (including the outstanding balance) to Arrow Global Limited.

 

Did you receive a Default Notice from the original creditor? • Yes, April 2011

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year?

• 2012 headed “notice regarding your personal loan” with a paragraph headed “Default sums and Interest”; same in 2013; in 2014 Arrow Global wrote under the heading “Notice of Sums in Arrears”; same in 2015 in June and December.

• There was nothing in 2016 or 2017 and none of the letters were headed “Notice of Default sums.”

 

Why did you cease payments?

• Last payment xx November 2010 (I then took a loan holiday and the next payment was due in February 2011 – I believed it was January; however I have subsequently found correspondence from Lloyds Bank.

What was the date of your last payment? • Last payment xx November 2010

Was there a dispute with the original creditor that remains unresolved?

No: last communication made by me in relation to this debt was a request for a loan holiday made in December 2010 and granted.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan ? • No

 

If you have not already done so – send a CCA Request to the claimant for a copy of your agreement (except for Overdraft/ Mobile/Telephone accounts)

• Already submitted CCA Request. Response received:

• “We do not accept we are the creditor as envisaged by the above statute” (CCA1974). “However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course. We confirm that all collection activity will be suspended pending provision of the documents. Please find enclosed your £1.00 fee. Yours sincerely Arrow Global.”

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

• Have not done so, but will be expedited by recorded delivery on 30th May 2017

Cheers

R

[renegadeimp]

Looks like its SB as Bankfodder pointed out. Easy win for you. Better luck next time arrow.

[dx100uk]

go file this on mcol now

 

 

you should of done this the day after getting the claimform

rather than wasting time and money on a CCA/CPR

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

[Rsc2017]

Hi Guys

 

Thanks for your responses and believe me it is helping no end.

 

• I last paid money to Lloyds TSB per this debt on xx December 2010

• Granted payment holiday January 2011 per my request for this

 

So, is SB date xx+1 December 2016? If not, then when?

 

Cheers

R

[renegadeimp]

6 years from last payment or written admission the debt was yours. Whichever was the latest.

[dx100uk]

could be deemed that a payment holiday was ack'in the debt.

but they'd have to get all the letters

and I've never seen them do that.

 

 

IMHO go with the SB

[Rsc2017]

Hi Guys

 

Thank you very much for all of your help with this today.

 

I have gone to MCOL and filed my defence as SB exactly the way you have suggested.

 

Will report back the outcome to you.

 

Cheers

R

[renegadeimp]

If they say it isnt SB, then its on THEM to prove it isnt. Normally theyll just try and blff it. But when you call them out on it, theyll run off as its a waste of their time unless the money is a very large amount. But even then, SB sinks the claim

[Rsc2017]

Hi Guys

 

Well you are not going to believe what has happened.

 

Just received the following letter from my “favourite” solicitors.

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Dear Sir

 

Re: Arrow Global Limited v Yourself

Claim Number: xxxxxxxx

Original Creditor and Product Type: Lloyds TSB – Loan

 

We note you have recently filed a Defence to the court proceedings issued against you.

 

Although you allege that the Claim is statute barred, we note that you have provided no information / evidence of when you believe the limitation period commenced, nor have you provided any details of when you believe you last made a payment towards the debt or when you last acknowledged your liability for the debt.

 

In any event, the information we have received from our Client is that a default notice was issued to you in April 2011 which is within 6 years of these proceedings having been issued. In the circumstances, we entirely disagree with your assertion that Claim is statue barred.

 

In view of the information set out in this letter, we do not believe your Defence has any real prospect of success and we will therefore recommend to our Client that an application be made to strike out the Defence and to enter a Judgment against you for the full amount claimed, together with the legal fees and costs. Should you wish to avoid these further costs being incurred then we invite you to withdraw your Defence by completing the enclosed Form N9A and returning to this office within 14 days.

 

We await your response.

 

Yours faithfully

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

 

Again is this simply best ignored or is there a best way to reply/or links that show this?

 

As always, many thanks for all of your help with this.

R

[dx100uk]

ignore willy waving

 

 

sb runs from last payment DATE

NOTHING TO DO WITH dn DATE

[Rsc2017]

Thank you again for confirming right approach.

 

Guessed as much and was not going to react to them.

 

Will keep you informed in case I hear anything else.

 

Much appreciated

R

[Rsc2017]

Update

 

last communication 29/06/17 from Arrow Global (not Restons) assuring me: that they are still looking for the credit agreement as requested by myself on 12th May is still being searched for.

 

Needless to say the 28 days since defence filed has come and gone...oh dear:-)

[dx100uk]

don't matter a monkey's if they do find it.

the debt is statute barred