County Court claim form received from Arrow Global re debt to egg from 2003!

[westyorkshire2017]

Hi all

Ive received out of the blue a court claim form from Arrow Global saying that I owe nearly £22k to Egg
but Ive not heard anything for at least 10 years until now.

Please can you advise me whats the best course of action as Ive acknowledged the claim on www.moneyclaim.gov.uk
to get another 14 days on this.

Can this debt be Statute Barred because of the age of it?

I look forward to hearing from anyone soon.

Thanks!

[Diana M]

Re: County Court claim form received from Arrow Global re debt to egg from 2003!

Ive received out of the blue a court claim form from Arrow Global saying that I owe nearly £22k to Egg
but Ive not heard anything for at least 10 years until now.

. . . . Can this debt be Statute Barred because of the age of it?

First of all if this debt has been assigned to Arrow Global then you don't owe Egg anything

Was this an Egg Loan or was it an Egg credit card which was subsequently 'acquired' by Barclays?

When you say you've heard nothing for ten years do you mean that you last made a payment to Egg in 2007?

If it was a loan when was it taken out (what year?) and when would the loan have expired if it had continued to the end of the (agreed) term?

One final question (for now) if it was a loan would it have been in your sole name or would it have been a joint loan?

Di

[westyorkshire2017]

Re: County Court claim form received from Arrow Global re debt to egg from 2003!

it was for an egg loan I seem to remember and in my sole name.

The last payment to egg was at least over 10 years ago which made me think its statute barred.

I think it would have been taken out approx 17 years ago.

[Diana M]

Re: County Court claim form received from Arrow Global re debt to egg from 2003!

The last payment to egg was at least over 10 years ago which made me think its statute barred.

Is the Claimant Arrow Global Ltd or Arrow Global (Guernsey) Ltd? There's a difference.

And which solicitors have they instructed to issue these legal proceedings? Different firms litigate in different ways.

Since you say it was originally an Egg loan the first thing you need to do is send a formal s.77 CCA Request to Arrow with a copy to their solicitors.

That should protect your legal position while the Statute Barred potential is explored.

You should also send a Subject Access Request to Egg (now known Canada Square Operations) to get the full history of the account which will help you as events unfold and documents are/aren't disclosed or reconstituted.

Might there have been PPI on this loan?

Since this claim is for £22k it will be allocated to the Fast Track so here's a link to how things work to give you an idea of what lies ahead with the legal procedure >

https://www.justice.gov.uk/courts/pr...rt28/pd_part28

I never know why it's called 'Fast Track' when it can take over nine months to complete if it runs the full course or events (30 weeks from allocation)!

Di

[westyorkshire2017]

Re: County Court claim form received from Arrow Global re debt to egg from 2003!

The Claimant is Arrow Global Limited (Belvedere, 12 Booth Street, Manchester, M2 4AW)

Their Solicitors are Restons Solicitors Limited (Trinity Chambers, 800 Mandarin Court, WA1 1GG)

Thanks I'll send CCA letters off tomorrow by recorded post.

Im not sure there might have been but would their paperwork tell me?

Thanks Di!

[Diana M]

Re: County Court claim form received from Arrow Global re debt to egg from 2003!

Their Solicitors are Restons Solicitors . . .

Thanks Di!

You're welcome

Did Restons solicitors not send you a Letter Before Action/Claim which warned/advised you of their intention to issue legal proceedings on behalf of their client?

Di

[westyorkshire2017]

Re: County Court claim form received from Arrow Global re debt to egg from 2003!

No I havent received anything before this.

I moved home 3 years ago and redirected my mail and not received anything until this

[Diana M]

Re: County Court claim form received from Arrow Global re debt to egg from 2003!

No I havent received anything before this.

I moved home 3 years ago and redirected my mail and not received anything until this

Okay - one step at a time.

A claim of this size needs careful handling.

Do you currently own your own home (with mortgage or jointly)?

Do the Particulars of Claim state when the account was assigned to Arrow? I ask because you say you moved home three years ago so may/may not have received any Notice of Assignment.

Di

[Diana M]

Re: County Court claim form received from Arrow Global re debt to egg from 2003!

it was for an egg loan I seem to remember and in my sole name.

I think it would have been taken out approx 17 years ago.

I know 17 years is a long time ago, but do recall how or why the loan was taken out?

Perhaps home improvements or a car purchase or to consolidate other credit cards/loans etc?

It may be Statute Barred (that's yet to be decided) but it's best to plead as many legal arguments as you can in your Defence in case you can't persuade the DJ on the SB one.

The deadline for filing your Defence is 33 days from the claim Issue date which will be on the top right of the claim form (assuming it was issued/served by MCOL/NCCBC). What date is that?

Di

[Diana M]

Re: County Court claim form received from Arrow Global re debt to egg from 2003!

Im not sure there might have been but would their paperwork tell me?

I assume that your question was in answer to mine about PPI.

In which case my answer is 'Yes' the SAR will/should clarify if there was PPI on the loan.

Were you in full employment (PAYE) when you took out the loan or were you self-employed or maybe had any pre-existing health issues?

Di

[westyorkshire2017]

Re: County Court claim form received from Arrow Global re debt to egg from 2003!

No I don’t own my home as live with my wife in her home and the
mortgage and all deeds are in her name and not mine.

The particulars of claim state:

The claimant claims payment of the overdue
balance due from the defendant(s) under a contract
between the defendant(s) and egg dated on or about
Jul 01 2003 and assigned to the claimant on
Oct 10 2011

I’ve not received any notice of assignment to say that the debt had been assigned to arrow

[Diana M]

Re: County Court claim form received from Arrow Global re debt to egg from 2003!

The particulars of claim state:

The claimant claims payment of the overdue
balance due from the defendant(s) under a contract
between the defendant(s) and egg dated on or about
Jul 01 2003 and assigned to the claimant on
Oct 10 2011

Vague Particulars of Claim.

Intentional (to frustrate any CPR 31.14 Request) or due to absence of information transferred to Arrow by the original creditor (Egg)?

From what you say the POC do state that the loan was taken out in 2003 which wasn't 17 years ago as you first thought. Is that possible?

Di

[westyorkshire2017]

Re: County Court claim form received from Arrow Global re debt to egg from 2003!

It was mainly for home improvements due to my Father having
a Subarachnoid hemorrhage and needing permanent 24 hour care
which I did working from Home on a full employment

the date on the claim form is shown as 15 September 2017
and I received it on 20 September 2017

I logged onto moneyclaim to acknowledge the claim for another 14 days extension

- - - Updated - - -

No the loan would have been taken out long before that
as my Father had the stroke in November 1999 so I think it would have been 2000

[Diana M]

Re: County Court claim form received from Arrow Global re debt to egg from 2003!

No the loan would have been taken out long before that
as my Father had the stroke in November 1999 so I think it would have been 2000

'Inconsistencies' in the Particulars of Claim may be helpful.

Disclosure in the Fast Track is ruthless.

The Claimant has to prove their claim.

Do you have any historical paperwork of your own?

Di

[westyorkshire2017]

Re: County Court claim form received from Arrow Global re debt to egg from 2003!

I’ll have a look and see if I can find any paperwork relating
to this.

Im sending the cca letters today by first class recorded post

I’ll also prepare the statement of access to send to egg