Arrow/? Claimform - Old Aqua Card debt - defence used to try and buy time...

[puddleboots]

Hi,

I received my CCA from Aqua some time ago.

 

For a while I thought that the CCA I received was actually for another account that I had also requested a CCA from.

...sometimes it gets confusing as you're no longer dealing with the familiar name but now various debt collection companies and the solicitors with unfamiliar refs!

 

after realizing my mistake

I sent in an offer of payment via email with my income/expenditure

I was obviously too late

two days later I received a court claim.

 

I put in an acknowledgement to try to get a bit more time and see if I could arrange a payment plan with them.

They replied to my email a few weeks later asking for my dob (which l then emailed back to them) as a security question to then proceed with email communication but I haven't heard back from them.

 

Today is the last filing day for my defence

but I really don't have one and as they've not responded to my last email what shall I do?

 

Thanks PB

[dx100uk]

stop creating new threads about a claim you already have a thread running for?

 

 

dx

[dx100uk]

whos the Claimant

what the date on the claimform?

[puddleboots]

Oh! Sorry dx....I had a look at all my previous posts and couldn't find one that I had made for this Aqua account....I've had another look and I still can't see where it is.

 

I have eight creditors and I was advised at the beginning to start a new thread with each company which is what I have been doing. I'm confused!

[puddleboots]

The Claimant is Arrow Group Ltd and the date on the claim form is 6th June, thanks

[dx100uk]

blimey you're suffering then..

I thought you might have gotten a name wrong and it was one of the others...

 

you've did AOS and sent a new CCA request and CPR request?

[puddleboots]

 

I did a AOS but not another CCA request as they already complied to that and I didn't do a CPR request....guessing I should have now?

 

I was really just trying to bide some time to set up a repayment with them....think I may have messed up on this one!

[AndyOrch]

" Today is the last filing day for my defence "

 

 

Date of issue PB ?

 

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

[puddleboots]

Issue date is 6th June

[Old Cogger]

Sunday, 9 July 2017 = 33 days if that is the issue?

[AndyOrch]

Issue date is 6th June

 

So not due till this Friday 4.00pm...please complete the link above and then we know what the debt and claim are about.

[dx100uk]

 

I did a AOS but not another CCA request as they already complied to that and I didn't do a CPR request....guessing I should have now?

 

I was really just trying to bide some time to set up a repayment with them....think I may have messed up on this one!

 

 

but that CCA was to Aqua? and when did you send it?

[puddleboots]

Name of the Claimant ? Arrow Global

 

Date of issue – 6th June

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

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

 

1. The claim is for the sum of £3564.00 in respect of monies owing by the defendant on a credit agreement held by the defendant with under account number xxxxx upon which the defendant failed to maintain payments.

2. A default notice was served upon the defendant and has not been complied with

3. The balance owed was assigned from Idem Capital Securities Ltd to the claimant, and the defendant has been notified of the assignment letter

 

What is the value of the claim? 3564

 

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? nov 07

 

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 Global

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? Don't seem to have a copy of that

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, only a 'periodic statement' sent this year

 

Why did you cease payments? Change of financial circumstances

 

What was the date of your last payment? Jan 2015

 

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 planicon?

Yes but they weren't willing to communicate other than via phone

[puddleboots]

OK, I think I've been duped!

 

I have two Aqua accounts.

 

I sent a CCA to both Aqua accounts when they were both with Idem.

 

Both sent me a credit agreement signed by myself.

 

I've just noticed now that they have sent me the exact same signed credit agreement for both accounts!

 

 

The exact same date of signature and date received!

 

 

They obviously could only find one of the credit agreements but decided to use it for both accounts!

 

I didn't notice as they sent credit agreement out a year apart.

 

I already have a ccj for one Aqua account

(I know......I got confused and neglected the account while dealing with other accounts) and just heard back from the court today and they agreed to my minimum payment.

 

So...what credit agreement is for what account....I'm cross now!

[dx100uk]

well surely the agreement number on the agreement and the agreement number in the POC should cure than one?

[puddleboots]

I'm so sorry, I'm really confused now.

 

I'm looking at each account number on both court claim forms which of course are different and both made up of just numbers.

 

On each credit agreement there isn't an account number only a personal reference number (made up of letters and numbers) which is the same in both copies but not the same on either court claim form.

[dx100uk]

the take out dates of the two cards were 3 yrs apart

date on the agreement should help?

[puddleboots]

Yes I just had a quick look at my credit score and can see that the Aqua account that I've just got the CCJ for was taken out in 2012 and they sent me the 2007 credit agreement for my other Aqua card.

 

So the current Claim form matches the correct credit agreement.

 

Can this help me in anyway?

[puddleboots]

Can i use this for my defence in this claim...one credit agreement being used on two accounts....

 

I guess i can't challenge the recent CCJ that I got...

 

I feel like such a fool

[AndyOrch]

Can i use this for my defence in this claim...one credit agreement being used on two accounts....

 

No.....just send a fresh CCA request today to the claimants ...see what turns up..and in the meantime in your defence simply state that as of this date they have failed to respond.

 

If they send the same again then you hit them with that argument....IE from a different account which already has been litigated.

[puddleboots]

OK thanks, I'll do that now, thanks for advice

[puddleboots]

OK, I'll post the CCA first thing in the morning and thanks for the advice

 

as always, it's very much appreciated

[dx100uk]

and a cpr too

then you can include those in your defence.

[puddleboots]

OK, but is it worthwhile sending off a cps if my defence is due Friday?

 

and a cpr too

then you can include those in your defence.

 

Haven't done a cpr before...this ok?

 

The paragraph I've highlighted in red I'm not sure about, is this in reference to a CCA request?

 

Drydens Limited

4th Floor, Fairfax House

Merrion St, Leeds

LS2 8BX

 

2/7/17

 

[template removed

you obv didn't read the top line - dx]

[dx100uk]

CPR 31:14 request