Arrow/Drydens claimform - old Shop Direct CAT debt

[Mrsrangy]

Hi there new to this

asking for some guidance concerning a county court claim I have received.

 

The claim is dated the 1/4/2019

the claim is for the sum of £892 and

the claimant is arrow global guernsey ltd using a company called Drydens ltd as their solicitors.

 

The original debt was with shop direct ltd which assigned it  to Phoenix recoveries Uk

At this time I started to pay the debt by d/d to their solicitors Brian Carter

the last payment made was on the 5/6/2013.

 

It seems the debt has been purchased again from Phoenix arrow guernsey on the 13/5/2011.

 

I have acknowledged the claim on the 8/4/2019 and now want some advice on what to send to these people to request certain documents which I believe they probably don’t have.

 

I also am led to believe that there are certain time scales which I have to adhere to relating to these documents and the filling of my defence in the courts,

 

hope someone on the forum can please help

 

.Thank you Mrsrangy.

[honeybee13]

Hello and welcome to CAG. In view of the court claim, I've moved your thread to the Financial Legal forum and left you a link to follow from the other forum.

 

Best, HB

[AndyOrch]

If you would read the following link and then copy and paste the Q,s and your responses back here so we have all the detail in one post to enable us to advise on how to proceed with the claim.

 

https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-claim-what-you-need-to-do-updated-jan-2019/

 

Read all of the link to the end as you will have to send various requests off ASAP.

Details are contained within the court claim on how to register to use MCOL and complete parts of the claim form on line.

 

Regards

 

Andy

[Mrsrangy]

 

Claimant - Arrow Global Guernset Limited

 

Date of issue – 01 April 2019

 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim ? 1. The claim is for the sum of £892.42 in respect of monies owing by the defendant on a credit agreement held by the defendant with Shop Direct (Carval) 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 (UK) to the claimant, and the defendant has been notified of the assignment by letter.

 

What is the total value of the claim? £892

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

Did you inform the claimant of your change of address?

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 April 2007 ? Before April 2007

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No 

 

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. Second time it has been assigned.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not the second time

 

Did you receive a Default Notice from the original creditor? Yes

 

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

 

Why did you cease payments?

 

What was the date of your last payment? 5/6 2013  Corrected

 

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? No

[jon8214]

Hi where did you find the info of your last payment?

 

Are you sure of that date?

 

If you are then this is a statute barred debt and the guys will provide the relevant defence

[Mrsrangy]

Sorry got the date wrong the last payment was on the 5/6 2013

 the payment was made by direct debit ,

The payment was made to a company called Brian carter ,

as far as I can remember this payment arrangement was set up with the company Phoenix recoveries the first company that the debt was assigned to .

[jon8214]

ok do the following and get reading up on defences you have 33 days from service to submit a defence - 

 

pop on on MCOLwebsite

ack [{ AOS BOX] the claim

defend all

leave jurisdiction unticked

 

 

get a CCA request running to the claimant

get a CPR 31:14 running to the sols.

[Mrsrangy]

Ok thanks all done and wait for replies thank you

[dx100uk]

do NOT miss your defence filing date no matter WHAT happens

 

[dx100uk]

when did you last pay shop direct

when did you start paying phoenix via carter..

[Mrsrangy]

Hi there

as far as I can gather it was shop direct I was paying through Phoenix recoveries although the account says it was assigned it also states that they were acting on their behalf (sdfs recoveries ) which is shop direct ,

somewhere along the line they sought the services of Brian carter 

 

the last payment we can recall paying them was on the 5/6/2013

But to throw another apple in the cart Arrow Global say they purchased the debt before that date on the 13/5/2011

 

I cannot recall any payments to Arrow Global

not sure whether when it got assigned to them

 

Brian carter passed payments on or not and we can’t recall why I stopped paying the debt . 

 

Many thanks.

Edited April 10, 2019 by Mrsrangy

[dx100uk]

phoenix are part of the arrows group.

carter were not usually inbed with arrows they were lowells DCA. pet solicitor.

 

you say you have a letter from phoenix ..who do they state as their clients?

like wise if you had anything from carter still?

 

 

[Mrsrangy]

Phoenix state (sdfs) and brian carter state ( Phoenix).

[dx100uk]

where so arrows claim assignment?

a letter when?

[Mrsrangy]

Can not recall getting letter of assignment from Arrow they state 13may 2011.

[dx100uk]

where do they say this?

 

[Mrsrangy]

Just a update I had had both a reply from cca request and cpr31.14 request and would appreciate a little help and guidance on the next steps. The cca request was sent to Arrow Global Guernsey and received by them on the 11/04/2019 they have replied through a company called cap quest and sent the following 

The cpr31.14 request was received by there solicitors Drydens Fairfax on the 12/04/2019 .

They seem to be pondering on the paperwork as requested and seem to be saying they agree to a 28 day extension which I do not recall asking for.

As the claim was dated 1/04/ 2019 am I correct in thinking that my defence has to be submitted 33 days after this , or am I obliged to give these people more time to get hold of this paperwork.

Many thanks Mrs rangy

 

[dx100uk]

day 33 from the date of the claimform top right

that being one in the count.

 

and no you don't give them more time to cut n paste fake paperwork.

 

1000's of like threads here

use the custom google search after clicking our logo top left

claimform arrow cat debt

 

 

 

[Mrsrangy]

Many thanks will get on draughting  defence now .

Edited April 25, 2019 by Mrsrangy

[AndyOrch]

Good old Capquest ....CCA Report  

 

No longer a fee 

 

I think they are confusing their CCA requests with GDPRs requests  

[dx100uk]

open

what happen here please as you're back on cag, you never bothered and told us though we helped you....