Arrows/restons claimform - Newday Credit Card

[ctx3030]

Hi im a newbie

 

My husband received court letters today Claimant ARROW GLOBAL LTD .

 

My husband is in ill health and im his carer and this is very worrying.

 

On the court letters paticulars of claim.

 

payment of the overdue balance ***** from the defendant under contract between the defendant and NewDay Ltd dated 2008 and assigned to the claimant on 2016.

 

but can anyone advise on what to do now as he only has 14 days to respond.

 

Is this a sold debt or something is it statue barred.

 

Any help will be appreciated.

[dx100uk]

welcome

so we have all the correct info to assist

please complete this:

 

 

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

[fkofilee]

It'll be a sold debt to Arrow Global who will then give it to Restons/

Please dont worry - Fill out the link DX Gave you and we will then beable to help.

[dx100uk]

no restons cant take legal action

only the owner of a debt can

[BankFodder]

Incidentally, if you send off an acknowledgement of service then you will get an extra 14 days – 28 days in all.

 

If you have a look at the papers you have received, you will see a document which allows you to do this – your knowledge with intention to defend.

 

You should be able to do this online.

[ctx3030]

Thank you for replies

 

 

this all seems realy technical

 

 

im realy confused

 

 

now ive read through diffrent things but not sinking in.

 

 

Do i send the CPR 31.14 request to the solicitors on the form and also i notice it does state on the court forms dated on or about sep 2008 are they not sure of the date on or about does seems they not sure.

 

 

Also if i do court letter online what do i put in defence box please.Thank you

Edited June 8, 2017 by ctx3030

[Old Cogger]

most state that initially and later in proceedings actual date ish! no problem there

 

 

cpr to solicitors no charge Recorded delivery and attach to your copy held

[dx100uk]

we'll advise/deal with CCA/CPR and AOS once you've done that

theres no rush on those today.

get that link done please

[ctx3030]

Date of issue – . 06/june 2017

 

What is the claim for –

 

 

1.Payment of the Overdue balance due from the defendant under a contract between the Defendant and NewDay Ltd dated 2008 and assigned to the claimant 2016 ARROW GLOBAL

 

What is the value of the claim?£3875

 

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

 

When did you enter into the original agreement before or after 2007? 2008

 

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. Debt purchaser

 

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? No

 

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

Why did you cease payments? Dont know dont recall

 

What was the date of your last payment? Dont know

 

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

 

Thank you for that help

[dx100uk]

yes really need to answer some of the questions no

or don't know doesn't help us to help you

 

 

esp when you last paid this

have a guess was if after 2010?

is there anything on your credit file please

go look its free

noddle or clear score or equifax.

 

 

and is the ALL in the Particulars of claim box?

is what you have type EXACTLY as they've written it [minus card number?]

[ctx3030]

Hi

i have found 4 letters

1 dated 2015 from the CC writing to let me know Newday ltd has assigned all of its respective rights ,title ,and interest to IDEM CAPITAL SECURITIES.

 

Letter 2 from IDEM SERVICING stating they had purchased the debt 2015

 

Letter 3 From Wescot in 2015 informing they are working on behalf of Idem Servicing to contact them for the outstanding balance.

 

Letter 4 in 2015 Idem had instructed Moorcroft Group to collect outstanding balance.

 

Now on the court papers its ARROW GLOBAL LTD realy confused now.

Also i checked 2credit files and there is a default from Arrow Global LTD in 2015

 

The court letters states the claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and NEWDAY LTD dated on or about sep 2008 and assigned to the claimant on 2016.

 

 

Due to my husband in ill health

he's recovering from lung cancer and a whole lot of other medical issues he is on benefits and retired.

 

 

He thinks it was about 5 years ago

but the default on credit file says defaulted 2015.

 

 

Any help will be appreciated please.

 

 

There is also £265 in court fees aswell

Edited June 9, 2017 by dx100uk

[dx100uk]

ok thank you

don't get confused

its quite simple

 

 

Newday cards - whom I suspect bought this debt from GE money or Santander as I bet is was a store card from years ago?

do you remember or can you find older letters [newday didn't issue their own cards until much later than 2008}

 

 

anyhow.

newday sold the debt to IDEN DCA in 2015,

when they did this they would have defaulted you first

then the credit file owners name [newday] was replaced by IDEM [hence the default is in their name now]

 

 

they got wetcloths

then Moorcrap to chase you

but IDEM remained the owner, - listed as their client if your read the letter, NOT sold again

[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

[ctx3030]

Hi thanks for the support on the MCOL Website where it says defend theres a box for me to write why i want to defend what explanation do i put on there .Do i say im waiting for CCA Request and cpr 31:14 or do i leave the box blank please.Thankyou for help

[dx100uk]

you read what I've written:

 

 

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.

[ctx3030]

i done all the court papers and sent £1 postal order off to Arrow

 

 

i received 2 letters back today both the same just one of them with the £1 postal order returned .

 

 

This is the letter.

 

We thank you for your letter and acknowledge your request for documentation pursuant to the Consumer Credit Act 1974

 

We do not accept that we are the creditor as envisaged by the above statute.

 

 

However we are willing to assist in obtaining that which has been requested.

 

 

We will now process your request for documentation from creditor and will revert in due course.

 

We confirm that all collection activity will be suspended pending provision of the documents.

 

We return your £1 payment.

 

Have i just got to sit back and wait now thanks

Edited June 28, 2017 by dx100uk

[dx100uk]

usual response if you go read other arrows claimform threads

just do not miss

your defence filing date no matter what happens

 

 

dx

[ctx3030]

Thank you for response

Edited June 28, 2017 by ctx3030
received reply

[ctx3030]

Hi i only just got new printer today and received this letter last week thanks for looking can someone have a look at this letter please.It wont upload my letters its saying error any reason for this please

[dx100uk]

pdf please

[ctx3030]

I cant upload files wont let me but this is letter ive received

 

We note you have recently filed a Defence to the court proceedings issued against youmwhereby you state that we have not complied with your request under CPR 31.14.

 

We would point out that the claim was issued via the County COURT Business Centre which is a procedure specifically provided for in the CPR.

 

This procedure only allows a Claimant to insert brief details of the Claim and does not allow for the attachmement of any enclosures.

 

Paragragh 5.2A of Practice Direction 7E specifically states.

The requirementsin paragraph 7.3 of Practice Direction 16 for Documents to be attached to the paticulars of contract claims does not apply to claims started using an online claim form,unless the paticulars of claim are served separately in accordance with paragraph 5.2 of this practice direction.

We would also remind you that CPR31.14 states

A party may inspect a document mentioned in

 

(a)a statement case

(b)a witness statement

©a witness summary or

(d)an affidavit

Furthermore the other documents you have requested are not mentione in the Particulars of Claim and therefore CPR 31.14(1) does not apply.

We would point outthat the Particulars of Claim contains sufficient informationin order for you to understand what the Claim realtes to namely.

a)the date the account was opened

b)the account number

c)the outstanding balance

d)the name of the original creditor,and

e)the fact that the account has been assigned to the Claimant and when it was assigned.

 

It is our understanding that a Default Notice was served prior to the account being assigned to the Claimant.In any event,the Claimant has a contaraual right to terminate the Credit Agreement by serving a termination notice.Therefore any argument about non service of a valid Default Notice will not assist you defending these proceedings.

 

For the avoidance of doubt and for the reasons set our above we will not be formally responding to your request.

In any event we are aware that you made a request pursuant to s77/78 of the Consumer Credit Act 1974 and we can confirm that your account is currently on hold pending that request.Once this has been complied with we will contact you further.

Thank you for your patience in the matter

 

What does all this mean can any one tell me thanks

 

Sorry did not realise but ive typed the letter abbove thanks

[dx100uk]

what does you mean wont let you?

how far down the instructions do you get.

go advanced

manage attachment

select file

?

I gather this is a letter from restons?

 

you have filed a defence it was haven't you

this was due LAST FRIDAY.

 

dx

[ctx3030]

yes letter from restons i couldnt upload the letter i scanned it and said error when i tried to upload it but its a new computer and will have to sort it out i just got it today thanks

[dx100uk]

you have filed a defence ???

IT WAS DUE LAST FRIDAY!!

 

 

re post 17

[ctx3030]

Yes i filed defence and received a reply from courts to acknowledge receipt of defence.This was dated 16th June and they gave 28 days to them and said they will inform me what will happen thanks and the above letter was from Reston