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Thread: HSBA/ First Direct/Arrow/ Restons Court Claim

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  1. #1
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    Default HSBA/ First Direct/Arrow/ Restons Court Claim

    Received a court claim for the following:


    The Claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and HSBC dated on or around the Jul 22 2003 and assigned to the claimant on Jan 20 2015.

    Claim amount £13, 060

    This was a small overdraft, credit care and a loan. At the time when I defaulted I had lost my job. I offered to pay the loan at the time. They rolled everything into one account and claimed for the whole amount. At no time have I acknowledged the cc and overdraft due to charges, incorrect credit agreement and so on. I started to pay towards the loan but they gave me account details which turned out to be the whole amount. When I set up a payment, it was strickly on the basis it was for the loan only and disputed the one account. I have since ceased payments as I had been misled by HSBA collections at the time. I have not acknowledged the cc or overdraft for in excess of 7/ 8 years and have strictly said payments we for the loan account only.

    I understood at the time they cannot role into one account loans and credit cards covered under the consumer credit act.

    I will request a copy of the credit agreements and everything they have both to the solicitors and Arrow.

    I will have to submit an embarressed defence.

    I have almost cleared up my credit since 2009 and just got engaged. I was going to try to get back onto the property ladder as I have always had trouble getting even rented with my former credit history. I do not want anything to go on my credit recorded as I cannot afford at my age to wait another 6 years. I will be too old to pay for a mortgage. My lady is currently selling her flat so we can buy together. At the time I was diagnosed with depression, lost my long term relationship and the kids now live with their mother during the week. I will not have their everyone's future put at risk again.

    Any advice would be great.

  2. #2
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    Default Re: HSBA/ First Direct/Arrow/ Restons Court Claim

    Have you filed acknowledgement of the claim with the court?
    When was the claim issue date?

    (Just crossing 'i's' & dotting 't's').
    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

  3. #3
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    Default Re: HSBA/ First Direct/Arrow/ Restons Court Claim

    Not yet. Dated the 15th. Only picked it up this morning.

  4. #4
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    Default Re: HSBA/ First Direct/Arrow/ Restons Court Claim

    Quote Originally Posted by roygoodbeat View Post
    Received a court claim for the following:

    The Claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and HSBC dated on or around the Jul 22 2003 and assigned to the claimant on Jan 20 2015.

    Claim amount £13, 060
    Is that all it said in the POC?

    If so it suggests they have no idea that the disputed sum relates to a credit card, loan and overdraft. Don't do anything to give them any clues. So when you send your CCA Request make sure it says section 77 - 79 CCA Request.

    Is it likely that all three products were opened on the same day of the same month of the same year? I doubt it.

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

    This forumís site rules donít 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

  5. #5
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    Default Re: HSBA/ First Direct/Arrow/ Restons Court Claim

    What is the exact name of the Claimant on the claim form?

    Is it Arrow Global Ltd or Arrow Global (Guernsey) Ltd?

    I have a reason for asking

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

    This forumís site rules donít 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
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    Default Re: HSBA/ First Direct/Arrow/ Restons Court Claim

    Quote Originally Posted by roygoodbeat View Post
    have almost cleared up my credit since 2009 and just got engaged.
    Congratulations on your engagement!

    These are the things which matter in life

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

    This forumís site rules donít 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

  7. #7
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    Default Re: HSBA/ First Direct/Arrow/ Restons Court Claim

    Thankyou!

    Its Arrow Global Limited

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    Default Re: HSBA/ First Direct/Arrow/ Restons Court Claim

    Hi

    Have done my 77-79 request. Have also copies the CPR request 3.14.

    In summary, is this all I can ask for?

    On 19/05/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

    To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 31 May 2017.

    1) Copy of the contract dated on or around the 22nd July 2003
    2) Proof of assignment on the 20th January 2015.

    There is hardly any particulars on the claim form. Should I also mention to the solicitors that I have requested a copy of my credit agreement.

  9. #9
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    Default Re: HSBA/ First Direct/Arrow/ Restons Court Claim

    Quote Originally Posted by roygoodbeat View Post
    Hi

    Have done my 77-79 request. Have also copies the CPR request 3.14.

    In summary, is this all I can ask for?

    On 19/05/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

    To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 31 May 2017.

    1) Copy of the contract dated on or around the 22nd July 2003
    2) Copies of all relevant Notices of Assignment, beginning with the original creditor through to the current assignee.
    3) Copies of all Deeds of Assignment pertaining to 2) above.


    There is hardly any particulars on the claim form. Should I also mention to the solicitors that I have requested a copy of my credit agreement.
    Yes. Enclose a copy (no fee needed for this one). Cross-refer the CPR letter & the copy of the CCA.
    Keep copies. Obtain proof of posting.
    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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