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Thread: Arrow global-restons solicitors v gazza141 court papers received

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  1. #1
    gazza141's Avatar

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    Post Arrow global-restons solicitors v gazza141 court papers received

    Hello guys can you please advice me on the following please.

    Received claim form dated 11th may.
    Claimant Arrow Global Limited
    Solicitors Rentons Limited
    original Creditor HSBC
    Amount £3061 plus court cost
    particulars of claim

    The Claimant claims payment the overdue balanced from the defendant under contract between the defendant and HSBC
    dated onor about may 15 2006 and assigned to the claimant 0n ~March 28 2014
    PARTICULARS a/c no xxxxxxxxxxxxxx

    Background
    I had a hsbc business account with a 5k overdraft from around 2006 due to recession and ill heath my business count carry on so I could not pay off my overdraft but during the time I was struggling hsbc phoned me and said I need to clear the overdraft and as I had no money ,they said take a loan from us.but to be accept for the loan I must take payment protection.Back to the wall I accepted.
    Loan payed into account overdraft gone except they left overdraft in place so I used it up to max again without a single phone call or letter from hsbc.
    I struggled along for a couple of years till in the end ill heath finished me off.
    I had almost payed of the loan a balance of around £600 left £5000 overdrawn I did claim on ppi and got paid around £2700 paid straight into my overdrawn hsbc account now overdrawn £2300 and £600 unpaid to loan
    hence the amount of claim.
    Had few letters from different debt buyers but just ignored them as the was no way to pay .
    according to my credit report the last payment on the overdraft was August 2011 balance £2368 and last payment on loan August 2011 balance £691
    the account number on my credit file don't match the one on claim form.
    I am going to file acknowledgment of service but need advice on what to do after I've done that
    its because of the loan /overdraft thing I'm not sure how to proceed

    thanks to anybody who can help

  2. #2
    charitynjw's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    Hi gazza

    Personal loan?
    Send a CCA request + £1 fee to the Claimant. (Quote ss77-79 CCA 1974)
    CPR 31.14 letter to the solicitor. (Ask for an accurate copy of the contract, copies of all relevant Notices of Assignment & Deeds of Assignment & any relevant notices of default).
    SAR + £10 fee to the original creditor, HSBC.

    It would appear that they've rolled the 2 debts into one convenient (they think!) package.
    But the loan is CCA regulated.
    A big headache for them.
    Plus it is pre-April 2007.
    Migraine time.

    See green box, top of thread for examples.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    thanks foe speedy response do I not mention its a overdraft and a loan or just act numb.
    what about ac no not matching .
    I know I was defiantly misold the loan but not claimed for it incase it affected the time Barr aspect.
    seems there giving it a go before it reaches 6 year time bar.
    seem a bunch go chancers to me .

  4. #4
    charitynjw's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    I have seen anecdotal reports of multiple debts being wrapped up together & then being given a new reference number, but I haven't seen it with my own eyes.

    The SAR should cut through their Gordian Knot, though!

    The PPI issue may be relevant to your defence, so keep it in mind for closer to the defence deadline.

    For the time being, acknowledge asap, (tick defend in full, no dialogue in the 'defence box'), & fire off those letters, keep copies & get proof of posting.

    Where do you live? (E/W/S/NI etc)

    What is the claim issue date?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  5. #5
    Diana M's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    Quote Originally Posted by charitynjw View Post
    I have seen anecdotal reports of multiple debts being wrapped up together & then being given a new reference number, but I haven't seen it with my own eyes.
    I have

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  6. #6
    gazza141's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    I live in England
    claims issue date is 11th may

  7. #7
    gazza141's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    Good afternoon
    I've done the acknowledgment of service online and stated I am going to defend in full.
    do I just use the standard template letters on this forum.
    what advantage does ore 2007 give me?
    also do I not do anything about my defence till I've had a reply from rentons or arrow.

    Thanks again for all the help so far.

  8. #8
    gazza141's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    hi everyone
    all paper sent as advised in previous post ,what the deadline for my defence, what if I don't hear anything from rentons before my deadline.
    just like to know where I stand and get my dates set in my mind

    Thanks Again

  9. #9
    charitynjw's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    When was the court claim issue date?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  10. #10
    gazza141's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    11th may

  11. #11
    charitynjw's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    Quote Originally Posted by gazza141 View Post
    11th may
    +33 days..............!3th June.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  12. #12
    gazza141's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    hi everyone I've not got any reply from rentons or arrow to the first letters I sent and my deadline date is fast approaching for my defence. whats the best course of action I can take now.

  13. #13
    gazza141's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    hi every one,Im getting a bit concerned about having to submit my defence in a couple of day and have had no response from rentons or arrow global regarding the first letters I sent CCA to arrow CPR to rentons its been 2 weeks or longer is this normal for them to not even acknowledge they have received them. or some kind of tactic.
    also how will this affect my defence can I still submit without response from them.
    can someone just put my mind at ease please really need to feel back in control of the whole situation.
    can I still apply for extension?

  14. #14
    charitynjw's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    If you used this forum's CPR template, it invites the Claimant/solicitors to agree an extension.
    If they haven't replied or have turned down the offer, there's no advantage to you in chasing it.
    Submit your defence in a timely fashion (within 33 days of the court claim issue date).
    Your defence will largely be that they have failed to disclose information.
    & as if the loan was also pre April 2007, if it were me I'd mention that in the defence as well.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  15. #15
    gazza141's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    hi charitynjw thanks for such a speedy reply is there any templates knocking about to cover my case.
    also do I mention that these are two different loan OD or should I not reveal that at this point
    will the court order them to send the documents and can they bundle debts together.
    thanks again feel bit better now is there no way they can get judgment against me with out disclosing documents requested.
    they obviously don't have ant documentation in the hand or they would know its two separate debts.

  16. #16
    charitynjw's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    Defence example template, top of this thread (green box).

    If it were me, I'd stay fairly close to the template script
    'Sent CPR request....no response'
    'Sent CCA request.....no response'
    etc.
    If they don't pick up that there might be a problem with their claim......well, that's their problem, not yours!
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  17. #17
    gazza141's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    is it best to file my defence online or by post.

  18. #18
    charitynjw's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    MCOL is probably easiest, though it's wise to keep a copy just in case.
    Email is another way.
    Put DEFENCE - [Arrow] v [gazza] Court claim no [XXXXXXXX] in the subject box.
    Attach the defence, & don't forget to sign the statement of truth.
    ccbcaq@hmcts.gsi.gov.uk
    If by post, allow at least 2 days & get proof of posting. (SignedFor is best with court documents).
    Last edited by Amethyst; 7th June 2017 at 06:49:AM.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  19. #19
    gazza141's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    Hi everyone post been today and not received a reply from Rentons or Arrow Global my deadline for defence it mon of next week so I will have to assume they are not going to respond.
    is this the sample defence I should use will I need to change anything
    1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]

    2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

    3: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

    4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.


    4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

    [5. The particulars of claim fail to state when the agreement was entered into.]

    6. The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

    7. It is denied that [Original Creditor] served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

    8: On the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

    9. [Claimant's Solicitor] has not sent any of these documents to me.

    10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

    11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

    [12: 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.] or [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

    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. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

    15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

    16. 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 .................................................. ....


    Thanks for any input anyone can give me.

    -----------------------------------------------------------------------------------------------

  20. #20
    gazza141's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    Hi Guys I've just got a letter of Rentons ,which really annoys me they sent it late knowing my defence is due any day ,they think they will get to me by sending last minute and will not have time to reply before my defence is sent.
    Do I just send defence saying not received any response from renting or arrow.
    to be honest my defence is baffling me a bit, the template in previous post if I amend to suite my case will that be ok or do I need to add more,
    the letter from Rentons I got today mention loan, but my particulars just say contract.
    but in fact its a loan and a overdraft roll into 1 debt.
    do I mention in my defence that I have no idea what they are trying to collect or do I let them think its a loan only.
    the letter from Rentons was the standard first letter response to my request, seem that send that to everyone first.
    do I still send the second letter to rentons remaining them of there duty to supply me with all paper work regarding there claim against me.
    or do I just send in my defence and not reply to them.

    I was hoping to get my defence sorted today so any help will be very very much appreciated .
    Attached Images Attached Images

  21. #21
    charitynjw's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    Hi gazza

    For some reason I can't open the above attachment.
    However, if the Claimants & their sols have not disclosed the requested documentation, I would see no reason why you can't use the example defence.
    Suitably tweaked for your particular circumstances, of course.

    Have you sent the SAR?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  22. #22
    gazza141's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    yes sent SAR but sent back to me with a form to fill in and sign was returned yesterday .

  23. #23
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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    what form did you have to sign, before any more from them to sign ask on here??

  24. #24
    gazza141's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    if i amend sample defence and post will you cast your eye over it to check before I send.
    my deadline in 13th June and I gona do it online.
    im gona leave it today and enjoy a day out with my beloved.
    get onto it tomorrow
    thanks for speedy reply.

    - - - Updated - - -

    I kept a copy of there request will get pic up tomorrow.

  25. #25
    charitynjw's Avatar

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    Default Re: Arrow global-restons solicitors v gazza141 court papers received

    Ok re all of that, Gazza.

    Enjoy your day!
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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