Arrow/Drydens Claim Form - old Sainsburys Credit Card

[Orchid47]

In 2009, I had instructed a company called BPS Law to help me sort out my finances. 

I paid them around £1000 to help sort out my finances !!! 

 

They were a sham and in Feb 2010 I terminated my contract with them because 14 months after engaging them they had still not started on anything and asked for a refund of my monies

 

In March 2010 I requested a CCA and SAR from Sainsburys Bank for an account that they say was opened in March 2003

 

In March 2010 I received a letter from Albion Collections who at that time were given the 12 working days to respond and failed to reply

 

On 9th April 2010 I put the account into dispute

 

I cant recall any other communication and cant find any agreements etc

Then this arrived from the County Court Business Centre last week dated the 25th July 2019

Ive been away working since then

 

So Particulars of claim are;

 

1. The claim is for the sum of £8000.49 in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsbury's Bank under the account number xxxxxxxxx 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 Sainsburys Bank plc to the Claimant, and the defendant has been notified of the assignment by letter

Contact Drysdenfairfax on 0113 ====

 

 

So, Please can you tell me how I respond?

 

This was 10 years ago, I honestly cant remember what the situation was with this?

 

I don't have any paperwork

 

I don't know if Drysden have a Credit Agreement etc?

 

Am I right in thinking I have to have responded online by the 7th August???

 

 

 

 

[AndyOrch]

if you could  fill in as much as  you recall Orchid so we have most of the details......

 

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

 

You need acknowledge service by Monday 12th August..obviously you will be defending all...defence due Monday 26th August 4.00pm.

 

Andy

 

[Orchid47]

Name of the Claimant ?  Arrow Global

 

Date of issue – 25th July 2019

 

Particulars of Claim

 

1. The claim is for the sum of £8000 in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsbury's Bank under the account number xxxxxxxxx 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 Sainsburys Bank plc to the Claimant, and the defendant has been notified of the assignment by letter

 

What is the total value of the claim? - £8000

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No

 

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? N/a

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

 

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

 

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

 

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. Debt Purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not the company that has filed the Claim

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?Not than I have any knowledge of

 

Why did you cease payments? Recession and loss of work

 

What was the date of your last payment? Was paying £1 monthly until 2015

 

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? Yes I wrote to them in Feb 2010 and offered £1

 

 

Do I need to send a CCA and an SAR to Arrow?

[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 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]
 

 

not sure where cag has ever advised to sent an sar to the claimant ever regarding a claimform. its pointless.

poss only to the OC should you want to trip up the claimant should they produce copy and pasted documents that are not yours...

[Orchid47]

ok, thank you, will do this 

[AndyOrch]

Fresh CCA request to Arrow and a CPR 31.14 to the Drysden

[Orchid47]

Thanks Andy, done and ready to post

 

[Orchid47]

Still waiting for response for CCA and CPR 31:14.

Have to submit defence by 26th (bank Holiday) so just wondering what I do if nothing has arrived?

[AndyOrch]

Nothing will arrive.....start to prepare your defence now.

[Orchid47]

But how can you prepare when you don't know what the defence is based on?

 

[AndyOrch]

You use our standard holding defence which puts them to strict disclosure of the claim.

 

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

 

Find a similar claim and debt type and adapt to suit your particulars...1000s in the above link.

[Orchid47]

ok, thank you

 

[Orchid47]

Letter arrived today saying that Solicitors acknowledge receipt of request made under CPR 31:14 and confirm they are currently liasing with client for relevant documentation

Upon receipt of the documents they agree to a further 28 day extension in accordance of CPR 15:5 in order to file my defence

 

Sorry to sound stupid, but what does this mean?

 

The deadline for filing the papers on the MCOL site is end of Monday?

 

 

[dx100uk]

means nothing...std letter

get your defence done due Monday by 4pm

[Orchid47]

so why did they send it?

 

Bizarre

[dx100uk]

incase you are stupid enough to allow them more time to magic up cut n paste fake paperwork….

[AndyOrch]

It is an option available...but not advisable in this instance.

 

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

[Orchid47]

Ok, so here goes

 

 

Please can you just confirm that the font coloured red is correct to put?

 

1. The claim is for the sum of £8000 in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsbury's Bank under the account number xxxxxxxxx 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 Sainsburys Bank plc to the Claimant, and the defendant has been notified of the assignment by letter

 

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.

 

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. The Claimant claims £xxxxx is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.

 

3. Paragraph 2 is denied. I am unable to recall a default notice being served.

 

4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

 

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

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

(b) show and evidence any cause of action and service of a Default Notice; and

(c) 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;

 

6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.

 

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

 

8. On the alternative, as 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.

 

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

 

Thank you

 

[AndyOrch]

Responding to your PM Orchid.

 

Yes the above okay to submit.

 

Regards

 

Andy

[Orchid47]

Thank you.

What happens next? Are they just given more time by the court to find the docs?

 

 

 

[AndyOrch]

Not unless you have declined their offer of CPR 15.5 ?

 

They have 33 days to respond to the court or the claim is stayed.....I thought you would familiar now with the process ?

[Orchid47]

LOL, sorry, in one ear out the other LOL

 

Thank though

 

Ok, just logged in, filled in the Claim Number and the password that they have given me on the Claim Form

- tried this 3 x times now and it says Claim Number or Password is incorrect??????

But its not

 

Im responding to a Claim made against me btw

 

This one isn't listed in the Claims made against me btw

 

I did acknowledgement of service 

[AndyOrch]

You could email it......In the subject line state Defence/ Claimant v Defendants and claim number

 

[email protected]

[Orchid47]

done

Thank you