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    • Ok thanks for sharing. Sorry to ask all these questions, just trying to unlearn things I had been told previously.   I've found examples on these forums of people that find CCJs against them when overseas for small debts as they didnt defend due to claims sent to their UK address which they then need to set aside.   This seems to contradict what you are telling me (I'm not implying you're wrong) that a DCA has zero powers. How do people end up having CCJ's form these companies?   Thanks as always
    • Hi All,   I would really appreciate any help in this. I want to stop paying this and am wondering if I need to offer F&F or if I am good just stop paying. A few details first:   1.DMP with StepChange started circa 2010 2.Have been paying every month since 3.Want to stop paying/clear as want a new mortgage in the next 9 months or so 4. None are currently showing on my credit file   And the finer detail:     * = these were on my credit file until recently. I complained stating that they should have been defaulted as it was unfair. They have stopped reporting now - but werent able to add a retrospective default date.   I havent made any enquiries about CCA's etc. I want to just stop paying but also cant have any of them appearing on my credit file as need another mortgage etc. I understand most will likely not have a CCA but there is one overdraft related entry so not sure what to do about that one. Also I think they could CCJ but can they start reporting again - I know the ones with a default date cant but can the others?   Hopefully thats enough info. Would really appreciate your excellent guidance   Many thanks    
    • This sites getting less and less accessible every week   Got my vaccination invite over weekend   despite living on the edge of a large town with a number of other large towns just a few miles away in various directions, and a 'university' city only 8 miles away, nearest center with any vaccines is about a 10 mile drive away in a small village. Interesting that the maps link showing you the locations for my nearest (sic) vaccination points are wrong - this is from the NHS vaccine booking site.   Once you have selected a location to see when vaccinations are available, it also wont let you go back to select another location, and if you just close the page down (without booking) and open the site again and put in your identification data, its gives you a 'you have failed to attend and will have to book both appointments again' message - despite not booking anything. - wonder if thats how they've counted 20 million vaccinations?   Checked with 3 local surgeries including my own asking why none of them are an option and two haven't had any vaccines for over a week and haven't even been able to book all their own vulnerable for a vaccine, other has vaccine but is only booking its own priority people   Makes me think the claim of 20 million vaccinated is complete and utter 'Johnson      
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Arrow Claimform - old HSBC OD debt


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Ok well I managed to get through to the court this morning the claim number is real.

It has been on hold since the court say that I filed an acknowledgement on 25th July 2017 because defence was entered.

 

I honestly could not remember filing an acknowledgement as at that time I would have just come back from away working in Spain for a few months from Feb until end of May 2017.

However, I checked all my emails and a friend who works in debt industry had told me to acknowledge, so I must have done.

 

the case is currently on hold as no defence was entered.

No judgements have been filed.

They say I can now file a defence via email as soon as possible which I have an email for.

They court have my correct address on file.

 

Can someone please help me with some wording or a defense as I am fairly sure this would have been statute barred anyway?

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Thread moved to Financial Legal Issues forum in view of the court claim...please continue to post here to your thread.

 

Plenty of examples of defences in the following forum.....adapt to suit your particulars.

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/

 

Andy

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Have you got a copy of the N1 (Court claim) with the claimants particulars of claim..did you ask for a copy when you spoke to Northampton?  

Difficult to draft a defence without the particulars of claim.

We could do with some help from you.

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Ive looked through all my documents and cant find the court claim.

The court have sent me this as the particulars of claim via email just now:

( no actual document was sent just this reply)

 

 

Particulars of Claim:

Claimant Solicitor Details SHOOSMITHS LLP (1574) [the is a Link Financial ref on the claim not Arrow Global or Drydens]

 

1. THE CLAIMANTS CLAIM IS FOR THE SUM OF £xxx BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT AS A CONSEQUENCE OF THE DEFENDANT INCURRING AN OVERDRAFT WHILST OPERATING A BANK ACCOUNT (ACCOUNT NO. XXX) WITH HSBC PLC. THE DEBT WAS ASSIGNED TO THE CLAIMANT ON 13/05/2011 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 £XX. C HAS COMPLIED, AS FAR AS IS NECESSARY, WITH THE PRE-ACTION CONDUCT PRACTICE DIRECTION.

 

Please can someone help me draft a defence for this?

 

Ive replied on the other thread as requested, have now received the court claim particulars via email just now.

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Here is an example current account overdraft defence...its from another user so you will have to edit it to suit your particulars/actions.

 

#####Defence Current Account example######

 

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.

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.
 

1. It is admitted with regards to the Defendant having use of a facility to overdraw with the original creditor XXXXXXX Bank.

2. The defendant denies that the alleged amount was for finance service or goods but is as a result of unfair and extortionate bank charges/penalties being applied to the account.

3. I refute the claimants claim is owed or payable. The amount claimed consists totally of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

4. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

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

The claimant is also put to strict proof to:-.

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.
(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.
(c) Provide a breakdown of their excessive charging/fees levied to the account with justification.
(d) Show how the Claimant has reached the amount claimed.
(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.
(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

6. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated XX XXXXX 2014 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.

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

Regards

Andy

We could do with some help from you.

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Thank you. Couple of questions:

Should I not include something about statute barring re the various dates given above, together with the claim that the account was defaulted in?

Re part 6 and the "documentation by way of a CPR 31.14 request dated XX XXXXX 2014 "- should that be replaced with todays date?

My credit file only goes back as 2013, and no defaults or listing of this bank account is on there at all, is this relevant to the defense too?

 

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Was it statute barred in July 2017 at the time the claim was issued ?

 

Part 6 is not applicable to you if you have not sent a CPR 31.14 request...as stated you will have to edit it to suite your circumstances and debt and claim...but thats the back bone of draft defence for a overdraft as you requested

We could do with some help from you.

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I dont know if it was statute barred.

Their court claim above states it was instigated on 13/05/2011 which is impossible as  I had no account with HSBC since the 90's.

 

I had a DMP via Stepchange which has caused a lot more issues than it solved to be honest.

That started in 15/6/2015 which this debt was listed as part of

( they should have advised me it was already statute barred by then).

 

I paid the DMP for 1 year at which time it automatically stopped

( which I was not aware of until 6 months after the fact.)

So I may have inadvertently been paying.

 

Is it safer just to file the overdraft defence you listed and not mention statute barring?

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Just a thought

 

In the notes I took from the phone call with the court this morning they said it was 'on hold, stayed, no action yet pending my defence submission.

So, I should just send the defence today via email anyway to cover myself?

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Yes .....Its by the by who actually is the claimant for now...but you need to get clarity when you get chance.

 

Edit the example defence as suggested and submit it to stop default judgment.

We could do with some help from you.

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Just a little update,

I put in my defence and the court has replied to me saying that they will serve a copy to the claimant or their sols.

 

They say the claimant may try to contact me direct to resolve a dispute.

If unresolved they inform the court how to proceed.

 

If they proceed they must contact the court within 28 days of getting my defence.

After that the claim will be stayed and the only action would be for them to request a stay lift.

So, I await a response from Global which Im sure I'll get next week sometime.

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IF you ever get a response from them

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Tough on them if they do

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It could get picked up by another company but theyd be in the same position as the last.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 2 months later...

Just a quick update to this thread. I finally received a letter today from Drydens Fairfax stating that they have closed the case and returned it to the client.

 AWESOME!

I am only left wondering if I should do something re the court now- I saw someone else mention the stay, can I request the court close the case in some way too so it does not get recycled again by another debt collector?

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you cant.

doesn't mean its over

the next move is arrows.

but whichever way it goes

they'll have to pay a fee to lift the stay 

if they do 

you'll get notification from the court.

 

did you ever get to the bottom of how Link made the court claim

and then sold it onto Arrows?

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Why is it not over if the case is closed?

Do they have other moves, or is it just that another company could try their luck?

 

No, Ive no idea how Link did that or why they would do it unless it was an admin error on their part, just glad its over for now at least as everyone who has chased that debt since the 90's has been very aggressive.

 

Just glad I caught it in time so I can at least get more breathing space without constant harrassment.

Thanks again for the help, really do appreciate it.

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The claim has not been discontinued...simply the Solicitor dealing has pulled out..perhaps if we could see the letter from Drydens Fairfax ?

We could do with some help from you.

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I see. The letter literally states "In ref to Arrow Global xxx acct number. Please note that our file has been closed and returned to our client."

There is nothing else in the letter.

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Returned to Arrow...who should inform you of a change of solicitor.....the claim is still live.

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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On the court papers it said they had 28 days to respond. They didnt respond until about two months had passed and Ive had no word from the court. Does that fact effect anything going forward?

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already explained in my last post go back and read it again

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Arrow Claimform - old HSBC OD debt
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