Claim Form Received from Arrow Global/ Restons

[ianmc26]

Hello,

I wonder if somebody could lease offer me some advice with regard to a claim form received from Arrow Global/ Restons in relation to a HSBC Credit Card?

Name of the Claimant: Arrow Global Limited

Date of issue: 22nd June 2016

What is the claim for – the reason they have issued the claim? The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HSBC dated on or about September 11th 1995 and assigned to the claimant on March 28th 2014.
What is the value of the claim? £11614

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account?
Credit Card

When did you enter into the original agreement before or after 2007? 1995

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.? Assigned to Arrow Global

Were you aware the account had been assigned – did you receive a Notice of Assignment? Don't recall getting any notice

Did you receive a Default Notice from the original creditor? Yes, on January 24th 2011.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not aware of receiving any.

Why did you cease payments? Could not afford payments. Requested CCA from HSBC. They informed me on December 10th 2010 that they were unable to supply as account was opened in 1995.

What was the date of your last payment? November 2010.

Was there a dispute with the original creditor that remains unresolved? Yes, still no CCA forthcoming.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

I acknowledged service on July 5th and sent a CCA request to Arrow Global and a CPR 31.14 request to Restons on this date also.
I have received the attached reply from Restons which I am struggling to understand. Could somebody possibly give me some guidance as to how I should proceed now and what information I need to put in my defence?

Many Thanks!

[charitynjw]

Re: Claim Form Received from Arrow Global/ Restons

Hi ianmc26 & welcome to LB.

Did you mention a 28 day extension in your correspondence to the Claimants/solicitors?

An example 'no docs' defence for you to tweak - http://legalbeagles.info/forums/show...t-Court-Claims

The CCA request should be made to Arrow, not the original creditor.(£1 fee - usually PO endorsed 'Statutory purposes only' - proof of posting essential, SignedFor best)

Have you sent a CPR 31.14 request to the solicitors for disclosure of documents?
(Update - I see that you did!)

[Diana M]

Re: Claim Form Received from Arrow Global/ Restons

the reason they have issued the claim? The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HSBC dated on or about September 11th 1995 and assigned to the claimant on March 28th 2014.
What is the value of the claim? £11614

When did you enter into the original agreement before or after 2007? 1995

Requested CCA from HSBC. They informed me on December 10th 2010 that they were unable to supply as account was opened in 1995.

I have received the attached reply from Restons which I am struggling to understand.

Can you remember how you opened this account in September 1995? Could it have been online or was it a paper application? There's a reason for asking

That letter from Restons is a bit wordy, but the last paragraph is helpful since it says "we are currently seeking instructions from our client in regards to your CCA request". Or in other words: we don't have the paperwork we should have had before we issued these proceedings, and which we will probably need to have in order to enforce this debt.

I wonder if their client Arrow will have it since you've said that HSBC already have admitted that they haven't got it. Do you have that letter from HSBC sent in December 2010?

Di

[MIKE770]

Re: Claim Form Received from Arrow Global/ Restons

Probably an old Midland Account?

[Diana M]

Re: Claim Form Received from Arrow Global/ Restons

Probably an old Midland Account?

You took the words right out of my mouth

Di

[nemesis45]

Re: Claim Form Received from Arrow Global/ Restons

Hello Ian,

The Restons letter is just a standard response use when someone has added items to a CPR31.14 request that are not mentioned in the Particulars of Claim.

You can reply along the lines of:

Ref: CC Claim No..........................................

Re: CPR31.14. Request for inspection of documents.

Sir/Madam,

I refer to my request made on date........................... and Restons reply dated...............................:

I am aware not that I requested some items in error and please accept this as my amended request for inspection of documents mentioned in the particulars of this claim being; (list only the mentioned docs below)

Please also note what documents I may or may not have received in the past from any party is not relevant to this request for inspection of the documents on which your client intends to rely in court.

Please forward the requested documents by return of post or confirm that Restons and its client are not in possession of these documents.

Yours etc,

Use signed for post.

nem