Arrow/Drydens claimform - old Shop Direct CAT debt

[liz01]

Hello,

 

ive had a letter from Northampton court today for an alleged debt for a catalogue,

I think I vaguely remember maybe having this but if so it was many years ago,

 

claimant is Arrow, particulars are.

.... the claim is for the sum Of £1482.17, with shop direct ( Carval) under account number ....

..... upon which the defendant failed to maintain payments.

 

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

 

the balance owed was assigned from Phoenix recoveries to the claimant and the defendant has been notified of the assignment by letter. contact drydensfairfax.

 

Court letter dated 13th October 2017?

 

I get 5 plus 14 days to respond to moneyclaim?

 

Sent cca requests etc,

as this is the first letter ive received about any of this.

 

many thanks

[renegadeimp]

Please fill this in.

 

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

 

It sounds like arrow hope for a judgement by default. They havent responded to yoru CCA request, so you could file a holding defense.

 

However fill in that link so we can advise accordingly.

[Stigman]

Hi,

 

Please can you click on the link, copy and paste the Questions and add your responses back in this thread for the best 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**(1-Viewing)-nbsp

 

Stigman

[liz01]

thank you ill fill it in, ive not sent a cca yet as this is the first I know about it, have had nothing from them till now?

[liz01]

Name of the Claimant ? arrow

Date of issue – 13th October

 

What is the claim for –

 

 

1.the claim is for the sum Of £1482.17, with shop direct ( Carval) under account number ......... 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 Phoenix recoveries to the claimant and the defendant has been notified of the assignment by letter. contact drydensfairfax.

 

What is the value of the claim? 1482.17

 

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

 

When did you enter into the original agreement before or after 2007? no idea, no date on the court letter. ?

 

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

 

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 not that I recall at all

 

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

 

Why did you cease payments? genuinely don't recall it, if it is mine its years ago.

 

What was the date of your last payment? don't know?

Was there a dispute with the original creditor that remains unresolved? don't know

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no not that I know of

[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

.

type your name ONLY

 

no need to sign anything

.

dx

[dx100uk]

go check your credit file

noddle

clearscore

Experian

 

see if you can findout take out date and last payment date.

 

if not

the POC has an account number

go ring shop direct and ask last payment date

 

if phoenix have had this, the guaranteed to be a lemon debt

[brassnecked]

Good chance this is Statute Barred if last payment more than 6 years ago.

[AndyOrch]

Thread moved to Financial Legal Issues ..please continue to post here to your thread.

 

You have 33 days in total from and including the 8th Oct if defending the claim...19 days to acknowledge service and a further 14 days to submit your defence.

 

Regards

 

Andy

[liz01]

Thankyou all for your help, I'm today sending the CCa request to Arrow? and drysdens for the CPR? Is the following ok for the defence please?

 

Particulars of Claim

 

1.The claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and Shop Direct

2. The defendant did not pay the instalments as they fell due & the agreement was terminated.

3. And apparently its been assigned to the claimant, for the sum of 1332.17 with possible court costs = 1482.17.

 

Defence

The Defendant/s contends that the particulars of claim are vague and 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.Paragraph 1 is accepted. in that I have, in the past, entered into an agreement with shop direct, however I do not recall the exact details, as it was many years ago, I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating they are not obligated to do so by virtue of the consumer credit Act 1974. To date, no statement of the alleged account has been received. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request.

 

2.The Claimant alleges that I the Defendant did not pay the instalments as they fell due. The claimant is put to strict proof to evidence such breach by way of a Default Notice pursuant to CCA1974 section 87 (1)

 

3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

Therefore the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement/contract; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed, if 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.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the money claimed.

 

Thank you

[dx100uk]

you don't need to file your defence yet.

 

just do as post 6

[liz01]

great thank you, ive filed the response on MCOL and posting the cca and crp today, that's it for now?

whats the latest date I have to file my defence please?

[dx100uk]

day 33 whereby the date on the claimform is ONE in the count.

 

time to go read other like threads here now

 

dx

[AndyOrch]

great thank you, ive filed the response on MCOL and posting the cca and crp today, that's it for now?

whats the latest date I have to file my defence please?

 

Thursday 9th Nov by 4.00pm

[liz01]

Hello, ive sent all the cpr and cca requests off, only heard from dysdens so far! that they are in the process of obtaining the necessary documents! is the following ok now to submit for my defence please? needs to be submitted by Thursday? thank you

 

Thankyou all for your help, I'm today sending the CCA Request to Arrow? and drysdens for the CPR? Is the following ok for the defence please?

 

Particulars of Claim

 

1.The claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and Shop Direct

2. The defendant did not pay the instalments as they fell due & the agreement was terminated.

3. And apparently its been assigned to the claimant, for the sum of 1332.17 with possible court costs = 1482.17.

 

Defence

The Defendant/s contends that the particulars of claim are vague and 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.Paragraph 1 is accepted. in that I have, in the past, entered into an agreement with shop direct, however I do not recall the exact details, as it was many years ago, I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. To date, no statement of the alleged account has been received. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request.

 

2.The Claimant alleges that I the Defendant did not pay the instalments as they fell due. The claimant is put to strict proof to evidence such breach by way of a Default Notice pursuant to CCA1974 section 87 (1)

 

3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

Therefore the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement/contract; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed, if 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.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the money claimed

[dx100uk]

1.the claim is for the sum Of £1482.17, with shop direct ( Carval) under account number ......... 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 Phoenix recoveries to the claimant and the defendant has been notified of the assignment by letter. contact drydensfairfax.

 

the POC is as above not what you've put....

[liz01]

that's great, thank you, so just change the poc and the rest is all good to send as defence? thankyou

[dx100uk]

needs to be checked over

 

did you go find out the last payment date you were asked to do?

[liz01]

there is nothing on my credit reports showing any accounts with shop direct, so surely it has to be over 6 years ago?? also rang shop direct who couldn't supply me with any details at all, very vague and not at all helpful.

[dx100uk]

go ring SD again

 

if they refuse again

 

state that under

the data protection act

and

the prevention of fraud act

they MUST hold data for 6yrs

 

ask to speak to a supervisor

 

if they state they hold no data BECAUSE that 6yrs period has expired then its a good sign it IS statute barred.

 

if they still refuse

 

tell them you shall be on the phone to the information commissioners office as soon as you put the phone down to lodge a formal complaint against them for with holding your data

 

 

its far far better to file a statute barred defence if you can as its absolute

[liz01]

Hello,

ive just spoken again,

more successfully this time,to shop direct in Aintree

 

they can find nothing with the account number provided by arrow,

 

they did a check several ways, with name and address etc too just to check,

the only one they pulled up was another old account with last payment on that being received in 2008!

 

they have nothing with the account number provided on the claim.

 

assume I can do a statute barred?

 

this has to be done by 4pm tomorrow?

 

any help please.

 

thankyou

[dx100uk]

no i'd use the defence you've already posted

 

I have never held a catalogue account with Carval etc

[AndyOrch]

You must insert the following after your opening paragraph and before your point 1 given this claim is post Oct 2017.

 

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

Andy

[liz01]

brilliant, thank you all so much, ill submit my defence this afternoon.

[AndyOrch]

Particulars of Claim for reference only

 

1.The claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and Shop Direct

2. The defendant did not pay the instalments as they fell due & the agreement was terminated.

3. And apparently its been assigned to the claimant, for the sum of 1332.17 with possible court costs = 1482.17.

 

Defence

 

The Defendant/s contends that the particulars of claim are vague and 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 has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

2.Paragraph 1 is accepted. in that I have, in the past, entered into an agreement with shop direct, however I do not recall the exact details, as it was many years ago, I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. To date, no statement of the alleged account has been received. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request.

 

2.The Claimant alleges that I the Defendant did not pay the instalments as they fell due. The claimant is put to strict proof to evidence such breach by way of a Default Notice pursuant to CCA1974 section 87 (1)

 

3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement/contract; and

(b) show and evidence the nature of breach and service of a default notice

© 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.

 

5. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed, if 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.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the money claimed