Arrow/Shoosmiths claimform -Halifax OD Court Claim form Received

[dx100uk]

when you look for your threads click your usename on the left not an old link.

 

your defence is not due for 33 days from date on the claimform.

 

get that link sorted please

everything you need to do and learn is in that thread link I posted.

 

 

dx

[BonM]

Name of the Claimant ? – Arrow Global Limited

 

Date of issue 26 June 2017

 

What is the claim for – Bank Account Overdraft

 

Particulars of the claim.

1. The claimants claim is for the sum of £863.28 being monies due from the defendant to the claimant as a consequence of the defendant incurring an overdraft whilst operating a bank account with HBOS plc.

The debt was assigned to the claimant on 20 November 2013 and notice of assignment provided to the defendant, pursuant to the Law of property Act 1925.

 

2. Payment of the above sum has been requested, but as at the date hereof refused.

 

3. The claimant claims the sum of £863.28

 

4. C has complied, as far as is necessary, with the pre-action conduct practice direction

 

What is the value of the claim? £863.28

 

Is the claim for - a Bank Account (Overdraft)

 

When did you enter into the original agreement before or after 2007? - 30th April 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. - The debt purchaser has issued the claim through their solicitor

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall from HBOS to the purchaser.

 

Did you receive a Default Notice from the original creditor? Not that I recall, from the original Creditor.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, the earliest paperwork I have on this is from June 2015 from Capquest on behalf of Arrow Global asking me to pay or contact them.

 

Why did you cease payments? Could no longer afford at the time

 

What was the date of your last payment? June 2011

 

Was there a dispute with the original creditor that remains unresolved? Overdraft charges were becoming too much and I could not afford to pay it back, I informed them of this, they wouldn't help me. I had payday loans trying to take all my money back then so I opened up another bank account and moved from HBOS

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? not to enter a DMP, but as above I did communicate with them, but they would not help me.

 

 

ok I have filled in as directed and I am typing up the CPR 31.14 Request as you read this!

 

If I have missed anything, please let me know, or if you have any questions, please let me know.

 

If the last payment date was June 2011, would that make this statute barred?

 

 

 

[AndyOrch]

" If the last payment date was June 2011, would that make this statute barred? "

 

Depends what date in June was the last payment made given the claim was issued on the 17th June and also if they have recalled the overdraft and what date they issued the recall termination?

 

Make sure you send the correct CPR 31.14 Current Account version.

 

Andy

[BonM]

Thanks Andy. Am doing the CPR 31.14 Current Account version now.

 

I sent a SAR to HBOS on the 10th June 2017 to try and obtain all of that information.

 

I'm not sure how to acknowledge the claim. Assuming as of now, I just acknowledge with an intent to defend. Then depending on what I get back from CPR 31.14 / SAR would define my defence.

 

But that if I do not hear back from the CPR 31.14 prior to defence needing to be submitted, I would plead embarrassed defence, or go straight to SB defence?

 

Am I right in stating that I acknowledge now with intent to defend.

Then the 29th July would be 33 days, in which case if I have not heard back with CPR 31.14 I should submit my defence on the 28th July as either SB or Embarrassed?

[dx100uk]

sorry my link didn't post

 

 

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 CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[AndyOrch]

Just acknowledge service and state you intend to defend all of the claim....thats all you have to do for now.....you have plenty of time to view previous defences for overdrafts and a further 3 weeks to submit your defence.

[BonM]

Thanks for guidance people. Appreciated. Will do so and revert back.

[dx100uk]

we don't use the emb def anymore

very old hat

 

 

lets hope that SAR comes thru

i'll guess the debt is all unlawful penalty charges and the interest they attracted..

 

 

plenty of OD threads here already and in the successes forum off this one

that details a defence relating to a balance of all charges etc

ideally ofcourse, you don't want them too reply to the 31:14..think about it...

 

 

dx

[BonM]

Yes that is what I was thinking in regards to them not replying. It's what I had happened with Bryan Carter on a previous one. I'll get the 31:14 sent off first thing tomorrow morning. Thanks again.

[BonM]

Received a response to my SAR today.

 

When applying for SAR, I enclosed a list of all previous known addresses and a copy of my drivers licence as proof of ID and address.

 

The response shown below states they want me to go into a branch with ID and collect certified copies.

 

Then goes on to say "if you don't want to provide certified copies you can collect your information from a branch of choice"

 

This doesn't make any sense to me. Any advise if this is the right and normal way a SAR is responded to and I should just comply, or should I go about it in another way as I have never had to deal with a SAR before.

 

I'll also look up HBOS SAR threads in the meantime too, to try and familiarise myself with what others have done.

 

Thanks

[dx100uk]

taken you picture away sorry.

 

 

pop the pic up as a PDF please and attach it

 

 

it makes it very slow/expensive for people on mobiles

follow the upload

[BonM]

Done dx, attached as PDF.

SAR HBOS Response.pdf

[dx100uk]

collect in branch then

[BonM]

so the 40 days starts from today, because they could not verify my driving licence. So 9th August is latest it should be available for me to collect the SAR from Halifax. CPR has been sent yesterday!

 

I've also noticed in the claim particulars it states "he debt was assigned to the claimant on 20/11/2013 and notice of assignment provided to the defendant, pursuant to the Law of property Act 1925"

 

But when I check my credit report Arrow Global Arrow Global have registered a default on the credit report from January 2012. How can they do that if they did not get it assigned until 30/11/2013?

 

The pics are attached on page 1 of this thread.

Or maybe I am just reading it wrong and don't understand it.

[dx100uk]

only the original creditor can default a debt.

 

 

when the debt is sold, the buyers name replaces that of the OC.

 

 

whatever happens

you do not miss your defence filing date

[BonM]

Just wanting to make sure I don't miss my defence submission date. Am I right in saying 28th July is last date to submit defence?

 

Just want to ensure I don't miss. Suppose I'm just looking for clarification that I've worked out the dates right! Issue date of claim was 26th June. acknowledged intent to defend all on 28th June via MCOL

[AndyOrch]

Correct...

[BonM]

Thanks Andy!

[BonM]

Hi Guys,

 

 

So far have not received a response from Shoosmiths with regards to the CPR. Last date for defence is 28th. Should I wait until the 28th, or get working on my defence and submit it tomorrow?

 

 

Thoughts?

 

 

Thanks so much.

[dx100uk]

no paperwork/holding defence for OD's

look at any OD claimform thread here or the successes forum off this one

get it in

but post it here 1st

[fletch70]

I doubt that it will be SB as banks can, and often do, leave an account running for some time after the last transaction - assuming you are not in a dmp

 

Just a quick note- Shoosmiths are a very large firm of national solicitors and not 'just' in house solicitors for AG. However like many others they will churn out letters. personally i would add they need to provide a copy of the deed of assignment to prove their right to bring a claim. I know that was a goodf thing but actually it does have a sound basis in law

[BonM]

Account was passed over to AG in Jan 2012, but last time I used the account was June 2011 which is over the 6 years, but the SAR will tell me 100% when it arrives anyway.

 

Isn't notice of assignment / deed of assignment same thing? or am I misunderstanding? If so, we have included that?

[fletch70]

Account was passed over to AG in Jan 2012, but last time I used the account was June 2011 which is over the 6 years, but the SAR will tell me 100% when it arrives anyway.

 

Isn't notice of assignment / deed of assignment same thing? or am I misunderstanding? If so, we have included that?

 

No

the NOA is just a letter sent to you saying it has been sold, the Deed is the actual transaction with all the terms and conditions

 

A really good example is I was reading one the other day that said if the new owner asked for copy documents they would only be provided up to 12 months from sale date. In other words, if you send a CCA request after the 12 months it is unlikely they will be able to produce the goods

[fletch70]

their para 2 does not mention NOA

 

So it doesn't get lost

 

The detail about assignment was in their para 1

[BonM]

ok will see what Andy says. Thanks for the advice and clarification Fletch.

 

 

Will also amend that too