Arrow claimform - Vanquis Card debt - poss SB'd

[Thebearshouse]

Hi

 

I am hoping someone can give us some advice on this matter:

 

Arrow Global Guernsey Ltd claim to have purchased an old credit card debt from Vanquis. The last payment was made in December 2010 and Arrow claim to have purchased the debt in Feb 2012.

 

We never had any news from anyone concerning this debt until June 2016, when Arrow sent an annual statement to cover the entire period from 2012 to 2016. No statements had ever been sent previously and no further statements have ever been sent.

 

Shoosmiths began acting on Arrows behalf and sent one letter – within a very short time scale they issued a Court claim. A defence was raised and Shoosmiths sent us a letter saying they would endeavour to collate the documents we requested.

 

The last correspondence we have from Shoosmiths was March 2017.

 

Had a claim not been issued I estimate that this debt would have been statute barred either in late 2016 or early 2017.

 

Arrow have now resurrected this court case, despite the fact that they have still not complied with all the requests we made, at the time of the original defence.

 

As an example there has still never been a default notice issued in relation to this debt.

 

Are we now able to apply for this claim to be struck out? What other action are we able to take – and what would you advise.

 

 

[dx100uk]

please complete this:

 

dx

[Thebearshouse]

Name of the Claimant: Arrow Global Guernsey Ltd

 

Date of issue: 12th August 2016 (Yes 2016)

 

Particulars of Claim: 

 

1. The claimants claim is for the sum of £2633.47 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Vanquis Bank Ltd. (account No. inserted here.) and assigned to the claimant on 12/02/2012, notice of which has been provided to the defendant.

2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974.

3. The claimant claims the sum of £2633.47

4. C has complied, as far as necessary, with the pre-action conduct practice direction.

 

The claim is for a credit card debt.

 

The account was sold to Arrow global in Feb 2012 - no notice of assignment was received until 2 weeks ago.

 

No default notice has ever been received. 

 

CCA requests etc were sent at the time of the start of the claim in 2016. 

 

[dx100uk]

ok thank you.

 

so arrows have sent an n244 now asking for the stay to be lifted and are going for a summary judgement?

 

[Thebearshouse]

Not exactly.

 

We got a letter from Arrows in Feb 2019 stating that they were changing solicitors and are now using their own in house litigation team.

 

We then got a notice of transfer letter from the CCBC stating that the proceedings had been transferred to our local court as the CCBC solicitor is no longer acting.

 

The following was then sent to Arrow and we were sent a copy.

 

 

Arrows responded by agreeing that it should be tracked for small claims and ticked the box agreeing to meditation.

[dx100uk]

uh?

well the claim has been stayed since 28 days after you filed your defence

I might be going senile but as far as I understand it ..it cant just be resurrected by a change of solicitors??

 

to do that at this very late stage would require the claimant sending an N244 through their solicitors..

 

p'haps andyorch will clarify...

[Thebearshouse]

Thanks - we did think it was a bit strange.

 

Could this be an admin error by the Court?

 

We will wait for further advice.

[AndyOrch]

Cant be stayed as thats the Proposed Notice of Allocation and the Notice of Allocation N157 mixed together that you have uploaded at post # 5.

 

Have you filed an N180 Directions Questionnaire ?

 

Regards

 

Andy

[dx100uk]

how come?

 

claim was issued 12th August 2016

defence was filed within the allotted time?

[AndyOrch]

Not sure why but thats whats been uploaded..looking at the content...perhaps the OP has mislaid the application to lift the stay or never received....but all the above is with regards to allocation.

[dx100uk]

worth ringing the court to findout what is going on?

[Thebearshouse]

Well we certainly never received a copy of, or any notification for, an application to lift the stay. 

 

We have not filed a directions questionnaire and again was not sent one to complete?

 

I think we best ring the Court to find out what is going on.

 

Arrow have still not provided a default notice - could we go for a strike out?

[AndyOrch]

Arrow have still not provided a default notice - could we go for a strike out?

 

No you have not got to the Disclosure stage yet

 

Ring the court and advise them that......

 

A/ You have not been sent a copy of the application to lift the stay.

B/You have not been sent or submitted an N180 Directions Questionnaire.

C/Refer to your uploads in post# 5 and ask what is going on ?

 

Regards

 

Andy

[Thebearshouse]

Just an update after speaking to the Court.

 

In short it seems to have been a bit of a Court error - and we are now waiting for further news.

 

But what we do know for sure is that there has been no application for a lifting of the stay - and the Court tell us that if Arrow wish to apply they need to make an application and payment.

 

Basics are that Arrow notified the CBCC that they were replacing Shoosmiths as solicitors and taking it in house.

 

CBCC then transferred it to our local Court as a defended claim - and as such it was put before a Judge. It appears that the Judge was not made aware of the fact that this case had previously been stayed. 

 

The Court office tells us that they are now going to put the case back in front of the Judge, but with all the facts of the case to date.

 

So it's a bit of a wait and see what transpires.

[AndyOrch]

lets hope you get a different judge if this proceeds to trial .....transferring the claim out because of change of solicitors....my oh my 

[Thebearshouse]

Hi Again

 

We received the attached from the Court yesterday.

 

My first thoughts were???

 

They still haven't told us if an application to lift the stay was ever made or has been granted.

 

We have received no paperwork if they have done so - should we have received something?

 

Would it be worth us emailing the Court, so at least there is some detail and paper trail, as after the telephone conversation i am not sure the correct message was passed on.

img20190509_19024579.pdf

[dx100uk]

simply informing you that the judge has recognised arrows removed shoo's

has not set any dates yet.

 

and are there any?

i'm wondering if the papers from arrows to remove shoo's caused the confusion somewhere

and that the case is not moving fwd and is stayed like before?

 

dx

 

[Thebearshouse]

Well they are back again.

 

Court did confirm that the case was still stayed - but we have now recieved the attached.

 

This time they have included a copy of a template of a default notice, which surely can't be compliant?

 

Any advice on next steps?

Arrow.pdf Arrow Default Notice.pdf

Edited August 10, 2019 by Thebearshouse

[dx100uk]

begging letter.

 

dx

 

[Thebearshouse]

So best to ignore their threat if we dont reply by the date given?

 

The other thing with this is - if they hadn't made the original claim back in 2016 - this would have been stat barred in early 2017.

 

Is there anything we can do or someone we can complain too? 

[dx100uk]

await the court to [ever] write

till then ignore

 

no you cant complain [yet]

[Thebearshouse]

Well - they are back - again!

 

This would have been statute barred late 2016 - early 2017 had arrow not issued a court claim.

 

To date there has still been no hearing.

 

We now have a company called resolve call coming round the house in relation to this claim - looking for money on behalf of Arrow Global.

 

How do we get rid of resolve call?

 

And can we complain against Arrow for dragging this on - for over 5 years?

[dx100uk]

resolvecall are simply another powerless DCA...

if they turn up film them on your phone

do not engage

tell them to leave and never return else you'll call police 101

 

dx

 

[Thebearshouse]

Thanks 

 

is there someone we can complain to about Arrow - surely they can't abuse the court system in this manner?

[dx100uk]

why are they abusing a court?

 

dx