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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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ConfusedMama

Arrow/reastons claimform - old EGG loan debt

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Hi

 

Received a claim form from Restons Solicitors last week regarding a personal loan debt of £10k bought by Arrow Global. This was the first notification we had since letters were going to an old address.

 

Stepchange have advised to fill in the income and expenditure on the admission form and pay £1 per month until our circumstances change and we are able to repay in full.

 

We have no experience with this sort of thing and are unsure of what is the best course of action.

 

Many Thanks

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thank you

can you please complete and then read the remaining of the following

so we have all the required information to properly advise you

 

 

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

 

 

dx


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Name of the Claimant ? Arrow Global

 

Date of issue – 13th September

 

Date to submit defence = 13/10/17

 

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

 

1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Egg dated on or about August 30 2005 and assigned to the claimant on Nov 30 2015. Date 04/08/2017. Default balance 9500

 

What is the value of the claim? 9900

 

Is the claim for - a loan

 

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

 

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? Unemployed

 

What was the date of your last payment? Feb 2012

 

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? yes

 

many thanks

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ah I see rectums are using an ever briefer particulars of claim now

thy to hide exactly what the debt type was or if it was covered by the consumer credit act too.

 

 

shame EGG never did bank accounts.

 

 

did the put an account number in the POC and was it 16 digits?

 

 

you've failed to mention the type of credit question too.

 

 

but anyway

 

 

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

.

 

 

just one other point..you've done nothing to date with this..you ignore the stepchange advise I hope??


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thanks dx.

 

Credit was a personal loan, and account number 8 digits not 16.

 

What are the implications of defending all? Is that to give us time to request CCA?

 

No we've not done anything with it yet, not taken their advice. Partner called restons to give a forwarding address so we didnt miss any further documents but thats all.

 

not expecting a response tonight - its late!

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please stay off the phone to restons...

 

don't ever ring a dca or their dogs

they are not bailiffs.

 

when you do the AOS you can update your address there.

no need to tell anyone else

though as a SIDE NOTE

unless you get mil from old address quickly and regularly you NEED to tell all your creditors or debt owners you have moved

else as you have gotten..backdoor CCJ time,

 

defend all is what you must do else you'll get a CCJ no matter what else you do.

 

you don't want them to return the CCA or the CPR

think about it.....

 

just remember this is a speculative claim

hoping for a kneejerk reaction [which you almost did]

 

or hoping for a non contested default CJ what no human see it and nothing is checked.

 

go read reston threads in this forum afyer you've don't [AOS} as detailed above

1000's of threads here we normally crush them


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks for your wise words. Will action it today.

 

By sending off these requests am I risking starting a war?

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The war they declared already!


:mad2::-x:jaw::sad:

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Is there a template available for the cpr 31.14? i think i've found one but theres mention of being out of date.

 

By defending the case and in the scenario of subsequently not having a defence, do we risk extra costs being applied?

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https://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

" By defending the case and in the scenario of subsequently not having a defence, do we risk extra costs being applied? "

 

Yes but its relatively small being in the Small Claims Track....by not defending you do guarantee a CCJ on your credit files for another 6 years


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sorry missed the other link last night

 

 

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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Afternoon,

 

In the cpr 31.14 template I have substitued the word 'agreement' for 'contract' as that is what is stated in the particulars of the claim. Do i then need to remove the sentences following?

 

"You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached."

 

Im not sure what to include or remove. May be overthinking this!

 

Thanks

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Yes you can remove that as the claimant is not required to serve any documents with the initial claim.

 

 

Andy


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Good Afternoon

 

Received what seems to be a standard response from Restons in regard to CPR31.14.

 

...the claim was issued via the county court business centre which is a procedure specifically provided for in the CPR...

 

To be quite honest I don't understand what's it's telling me, only that they are not providing what we have requested.

 

What do we do from here?

 

No word from Arrow re the CCA request

 

Many Thanks

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await further court instruction, template response to all you got ignore their reterick the onus later will be on them to supply they know it


:mad2::-x:jaw::sad:

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Thanks old cogger. When you say await further court instruction what do you mean? Do i need to contact them? Thanks

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nope - but you must NOT miss your defence filing date whatever happens

next move is YOURS.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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