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Arrow Global - Claim form - HSBC CC debt


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Name of the Claimant ?   Arrow Global Limited

 

Date of issue – .  02.09.2019

 

Date to acknowledge)- Friday 20th Sept 

date to submit defence - Friday 4th Oct 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1. The claim is for the sum of £3,739.13 in respect to monie owing by the defendant on a credit agreement held by the defendant with HSBC under account number xxxxxxxxxxxxxxxx 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 fron HSBC to claimant, and the defendant has been notified of the assignment by letter. 

Contact drysdenfairfax solicitors on 0113 823 3850

 

What is the total value of the claim? £4,004.13

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  Not sure

 

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? Credit 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 ? Not sure

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?  Not sure

 

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? No

 

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 sure

 

Why did you cease payments?  I was made homeless when a business failed.

 

What was the date of your last payment? Not sure - sometime in 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? N=o

 

I have written, but not sent (tomorrow) a CCA and CPR 31.14.  

 

I would appreciate some advice on how to respond using the response pack.     

 

Many thanks

 

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Hi and Welcome to CAG

 

I have had to remove your uploads (not that they were required anyway) as your name and claim number were still showing, please make sure you fully redact all uploads in future please.

 

Regards

 

Andy

 

  • Haha 1

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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
 you DO NOT file a defence at this time
 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]
 

  • Like 1

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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Thanks for the great, detailed reply. 

 

I have gone through the MCOL and printed out the CCA and CPR 31:14 for sending tomorrow.  

 

Just curious how I determine what the defence is?

 

Thanks again.

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Wait and see if they can comply to your requests.

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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  • 3 weeks later...

yes ofcourse it does

but quite usual

don't forget your defence

due Friday by 4pm.

 

lots here to read

  • Like 1

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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Share on other sites

Doesn't matter if you dont

You should already be selfhelping by reading any/all claimform threads already in this same forum as yours

 

 

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... 

 

 

Link to post
Share on other sites
  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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Am making myself familiar.  Many thanks for pointing me in the right direction.

 

Received a response from DrysdenFairfax - Solicitor

 

Dear Sir

Our client: Arrow Global limited

Acct: xxxxxxxxxxxxxxxx

Outstanding Ammount: £4,004.13

 

We refer to the above matter and your recent correspndence.

 

Please be advised that we have placed your file on hold whilst we obtain documents from our client.

You will still however be required to respond to the claim form by 7 October 2019. (I guess I got my dates wrong).

 

We trust this clarifies.

 

As I haven't received the files that I requested in time to submit my defence, is there an option to delay submitting my defence further?  Logic would tell me that it would be hard to submit a defence without knowing what the claimants are holding, though I admit to knowing very little about the legal system. 

 

Any pointers are greatly appreciated. 

 

 

 

 

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you file the no paperwork/holding defence as per 1000's of claimform threads already here

 

use our custom google search box

down on the left

after hitting the top squares CAG logo

 

card Claimform

or

card claimform arrow

 

dx

 

  • Like 1

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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Thank you dx100uk and Andyorch.

 

I will submit the following defence.

 

Particulars of claim for cross reference only

 

1. The claim is for the sum of £3,739.13 in respect to monie owing by the defendant on a credit agreement held by the defendant with HSBC under account number xxxxxxxxxxxxxxxx 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 fron HSBC to 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. Paragraph 1 is noted but not admitted.The Claimant claims £4,004.13 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

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Yes......just your point 1.

 

Above you stated you was not sure ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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