Arrows/Drydens Claimform - old M+S card debt poss SB'd

[kkatiew 2]

Hi,

 

I received a claim from from the court regarding an old M&S account I had years ago.

 

I had 2 letters from a Drydens Solicitors and although I didn't speak to them I registered on their website and made a £60 payment 2 weeks ago towards the £791 debt.  I was going to make this payment monthly.

 

Is there any way of stopping this CCJ ?

 

I've got 2 weeks to send my pack in.

 

Thanks

 

 

[brassnecked 1,870]

How old is the debt and when did you receive the Claimforn, after you paid the £60? I might have been better if you hadn't paid a bean as yet.

[kkatiew 2]

Hi, its about 10 years old I reckon. I had completely forgotten it, it's that old.  I made the payment online on 24 May and received the claim from on 7 June.

[dx100uk 9,711]

please complete this

next time DONT PANIC and blindly pay any old DCA that sends you threats

come here and ask US what to do 

you've been here long enough to know better than to pay them blindly!!

 

before this recent payment

when was the last payment made to anyone on this debt?

 

 

[brassnecked 1,870]

But for that payment you made it might well have been Statute Barred, if nothing paid since mid 2013

 

[kkatiew 2]

I know but I just wanted to be debt free and then this turned up and I panicked! 

 

Just received the post a minute ago and a letter dated 6 June from Drydens Sols to say I should now have recieved my claim pack from the courts and if I'm in a position to settle the debt now it may prevent a CCJ being entered.

Is this right ?

I dont know when I last made a payment t towards it.

[dx100uk 9,711]

go ring M+S and ask

[kkatiew 2]

Just called M&S and they cant find any account and I gave them my previous addresses 

[dx100uk 9,711]

which is a good sign its over 6yrs old as they don't 'have' to retain information after 6yrs of no payment/use.

 

 

link in post 4 please

 

dx

 

[kkatiew 2]

Name of the Claimant ? ARROW GLOBAL LTD

 

Date of issue – 5 June 2019

 

Date to acknowledge) = 20 june 

 

Date to submit defence = 5th july

 

Particulars of Claim

 

What is the claim for – 

1.The claim is for the sum of £791.13 in respect of monies owing by the defendant on a credit agreement held by the defendant with M&S Financial Services PLC 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 M&S Financial Services PLC to the claimant and the defendant has been notified of the assignment by letter. Contact Drydensfairfax solicitors

 

What is the total value of the claim? £921.13

 

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? Yes

 

Did you inform the claimant of your change of address? No

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

 

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

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Possibly online

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not on clearscore. I've not checked Equifax

 

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 Global

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

 

Did you receive a Default Notice from the original creditor? Not that I knew

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

 

Why did you cease payments?  Honestly probably moved a couple of times and forgot about it

 

What was the date of your last payment? Not known

 

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

[dx100uk 9,711]

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 start 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
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 

 

please carefully note your CORRECTED dates for AOS and defence filing deadlines in your above post.

 

you say this is a store card

are you sure about that?

as M+S changed to a credit card after a certain date, and there are known issued withe the legality of this change if your card is of a certain age

 

when did you take this card out please?

 

dx

 

[kkatiew 2]

Right, I've had a look at my emails and the last order I made with the chargecard was Dec 2012. It was probably a couple of years previous that I took out the card.

 

It was definately a storecard not a cc.

 

So I'll get on with the above as per your email above - just really dont want a CCJ. I've just about got straight

Edited June 8, 2019 by kkatiew

[dx100uk 9,711]

what bank account did you pay it from?

if you can firmly establish this IS statute barred

it will blow their court claim out the water totally.

[brassnecked 1,870]

That payment 24th May, will that affect Stat barred? they might have issued the claim before that cleared Did you tell Drydens you were going to pay?  DX's advice is sound, it's just to close any holes in your defence.

[dx100uk 9,711]

If 6yrs had already expired then that payment cant reset it

[kkatiew 2]

It will have been from my Lloyd's account who I no longer back with.

[brassnecked 1,870]

That's good, the Stat barred defence then.

[kkatiew 2]

I'll file my defence when I get home.   Shall I contact Lloyd's to try and get some copy statements and will they have them from that time ?

[dx100uk 9,711]

LLoyds hold everything usually

if you CAREFULLY follow the SAR link and read all its posts

you should be able to get all the statements from them

 

the fact that they might not be with you bythe time you need to file a defence we can deal with

[kkatiew 2]

Morning,

I've just received a letter from Drydens today....

We acknowledge receipt of your request made under CPR 31.14 and confirm we are currently liaising with our client for the relevant documentation.

We confirm that upon receipt of the documents we agree to a further 28 day extension in accordance with CPR 15.5 in order to file your defence.

 

What's that mean in layman's terms ?

 

Thanks

[dx100uk 9,711]

its in our cpr letter you sent

but you don't need it so ignore.

as you are filing on time..by 4pm 5th july

 

but if you are happy its sb'd then nothing to stop you filing our sb defence before then.

 

did you get that sar to lloyds running?

 

dx

 

[kkatiew 2]

Hi,

 

Yes, waiting on statements from Lloyds

[kkatiew 2]

So, I've not received anything else since the letter above so I might aswell file defence then ?

 

Letter requesting a copy of your agreement - There is a statutory fee of £1 - which can be enclosed as a postal order or cheque and the request should be sent by Recorded/Special delivery -  It should be sent to whoever OWNS the debt, the timescale for providing this is 12+2 WORKING DAYS. If it is not sent within this timescale they are in default of your request. 

The 12 + 2 working days is up tomorrow.

[dx100uk 9,711]

the time scale is pretty much irrelevant in most cases, it only really comes into play if someone is blindly paying a debt to a dca and they fail to comply.

 

in most court cases, if they fail the 12+2 working days limit, it can be useful later to refer to such matters as have failed etc.

 

in your case, the debt is statute barred, so it really doesn't matter if they comply or not, its pretty much irrelevant what paperwork they hold or not as the debt is time barred anyway.

 

safe to file on mcol yes.

 

[kkatiew 2]

Thanks DX - is there a template/defence anywhere I could look at before I submit mine ?

 

Thanks again.