Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

[susiec]

From distant memory I think the travel insurance was used once in around 2009 when my late husband was still alive - he passed in 2011.
thank you Amethyst- I apologise if I’m a bit twitchy about getting this resolved.

[Amethyst]

In their letter before claim you said

They state that the debt was assigned to their client , Arrow on 29.7.17.

Yet in their claim they have put

The debt was assigned to the claimant on 29/06/17

Could you just double check those dates on the letter before claim and the particulars of claim pls xxx

( sorry I'll probably ask a few random questions while I work through the draft defence )

Today I received by post a Notice of Assignment from Arrow together with a copy of a letter from Lloyds saying they have sold the debt to Arrow.

ahh that was 2nd August - have you still got those letters and do they have a date on too ?

[Amethyst]

And don't worry about being twitchy, it is a worrying time dealing with a court claim, and you have the added stress of it having been your late husbands account too, so we understand completely xxx

[Amethyst]

ROUGH DRAFT ....


In the Northampton County Court Business Centre

Claim Number XXXXXX

ARROW GLOBAL

Claimant

and

SUSIEC

Defendant

DEFENCE

1. I received the claim from Northampton County Court Business Centre on xxxxxxxxxx.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim is for an overdraft on a banking current account with Lloyds Bank regulated under the Consumer Credit Act 1974.
4. I believe the account in question is that of my late Husband who passed away in 2011, however I do not recognise the account number provided by the Claimant.
5. My late Husband opened his account at Lloyds Bank in 1999 and added me as a joint account holder after our marriage in 2005. I do not recall being given any copies of terms of the account or overdraft.
6. I am unsure when the account was closed, I believe it to have been in 2012/13. I was not aware of any debt owed to Lloyds bank at that time and I have never received any Default notice pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served. Additionally, there are no details of any debt present on my credit reference agency file.
7. I am uncertain whether the Claimant actually has the right to claim any debt from me that might have been owed to Lloyds Bank and ask the court to order that the Claimant be required to prove that is the case.I have written to the Claimant, formally pursuant to the Consumer Credit Act 1974, section 77-79, and CPR 31.14, to request more information and a copy of the original agreement for the overdraft however they have responded to me stating that they “do not accept we are the creditor as envisaged by the” Consumer Credit Act 1974, and returned my £1 payment, however they do claim to have been assigned the debt/agreement on 29 July 2017.
8. They have, therefore, failed to comply with my formal request under s.77-79 of the Consumer Credit Act 1974 and are unable to enforce the debt until such time as they provide a copy of the agreement.
9. I am concerned that any debt may have been from packaged account fees and unfair overdraft charges applied, however without further information from the Claimant / Lloyds Bank I am unable to plead effectively on this point. The terms of the account and transaction details are required to assess whether they created an unfair relationship pursuant to s.140a of the Consumer Credit Act 1974.
10. I have sent a Subject Access Request to Lloyds Bank to try and find out more information regarding the terms of the account and details how the sum claimed has arisen in overdraft as the Claimant appears unable to provide this information. This was sent on DATEDATE and under the Data Protection Act 1984 they have 40 days to respond to me with the information.
11. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. Therefore I would request that should I need to amend my Defence following documents being received the costs be paid by the Claimant.
12. I contend that the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years. The account was used for a few months following my late Husband’s death however this was more than 6 years ago.
13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
14. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

[susiec]

Hi Amethyst, typo on my part for the date - I confirm it should be 29.06.17.
other letters I’m hunting for just now. I do have a statement of account on Arrow letterhead dated 16.11.17. The assignment from Arrow is dated 29.07.17 where the also state that Capquest will be dealing with the account. The “ letter “ from Lloyd’s is also dated 29.07.17. Would it help if I emailed them to you ?
thank you

[susiec]

Amethyst
thank you for the draft . I’m sure the account was “live “ until late 2013 so not sure that it would be statute barred ?
susiex

[Amethyst]

Probably not, but the onus of proof is on them to show that it isn't, and as they don't appear to have any idea when the account went into default and it isn't on your credit file, it just brings in that extra element of doubt. Please amend anything you think, I've only gone off what's on the thread xxx

[Diana M]

I’m sure the account was “live “ until late 2013 so not sure that it would be statute barred ?

You said in your first post that you were using the account up until "late 2013" so if that was the case the debt wouldn't have been Statute Barred when this claim was issued.

I only became a joint account holder in 2005/6. My husband died in 2011 & I did use the account for a while after his death but not since late 2013.

Di

[susiec]

Thank you Amethyst
ill type it up - can I submit online over the weekend ?
Susie x

[susiec]

Good Morning Amethyst I hope you enjoyed your weekend.
I have typed up the defence online and amended dates as necessary and removed the statute barred paragraph as per Di’s post. Shall I just submit now ? What is the process once that’s done ?
susie x

[Amethyst]

You should be okay to submit it via Moneyclaim online, yes
If it doesn't fit or Moneyclaim is playing silly burgers, then you can submit your defence via email as a PDF or Word document to Northampton CCBC, putting '' DEFENCE - Claimantname v Defendantname - Claim No XXXXXX '' as the subject and emailing to ccbcaq@hmcts.gsi.gov.uk

After it's submitted the court send a copy to the Claimant and they have 28 days to reply to the court to inform them if they wish to proceed. The court then sends out Directions Questionnaires to ask if you want mediation and to find out which is your local court so they can transfer the case there for further directions ( they organise a hearing date and give any disclosure instructions ).

[Diana M]

If the Claimant doesn’t notify the court of their intention to continue with the proceedings within 28 days of your Defence being served on them (by the court) then the claim becomes automatically stayed (a pause button on the proceedings).

Di

[susiec]

MCOL wont accept my Defence !!! It fits etc etc but I keep getting an error message... do I try again later or submit via email ? Any idea of whats best ?
Thanks
Susie x

[Amethyst]

What's the error message say?

[susiec]

It’s being rejected due to one or more technical difficulties
, .... I’m trying to do this on the quiet as my other half is around