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Received a claim? Yes
Issue Date: 11-7-2017
Amount approx:
Claimant: Arrow Global
Solicitor: Restons
Original Credit: Lloyds
Particulars of Claim:
The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Lloyds Bank Plc dated on or about May 27 2007 and assigned to the Claimant on Nov 24 2016
Stat Barred? Yes
Have sent: Acknowledged the Claim
Other Info:
I did put some other info, but it has vanished!
This relates to OD charges incurred during a time of financial hardship (I was 17, unemployed, my mum had just died and I was living alone with no family). I entered into my unauthorised OD and was being charged £10/day for doing so. I was trying to pay it down but, obviously with those charges, the debt spiralled out of control and I couldn't pay it. Lloyds ultimately closed the account.
I did not receive any correspondence from Arrow regarding this debt. I received correspondence from Restons in May 2017 advising that they had been instructed to act for Arrow. I wrote to them and said that I did not acknowledge any debt and asked for proof of the same. They have not provided this and instead issued proceedings without further notice.
I have today acknowledged the claim and sent them this letter:
Dear Sirs
Firstly, please find enclosed an acknowledgement of service following receipt of the Claim Form, which I was disappointed to receive in spite of my correspondence sent to you on 31st May 2017 and resent on 13th July 2017. You will note that your reply to my original correspondence was not sent until 23rd June 2017.
Secondly, I note that you have issued Court proceedings without notice of your intention to do so and your conduct will be drawn to the attention of the Court.
Thirdly, as previously stated in my correspondence x2, you have failed to provide any evidence as to my liability for the debt in question and as such, your claim will be vehemently denied.
In accordance with CPR 31.14, I formally request proof of the overdue balance, along with evidence that this contract has been “assigned” to yourselves within the next 7 days, failing which I will ask the Court to make a finding of summary judgment against yourselves, on the basis of your case as it stands, you have no grounds to pursue this matter.
I have contacted Lloyds and asked them to provide with my bank statements and the date I last paid anything into the account. Am I right in thinking that Arrow/Restons have no right of action to pursue a disputed debt? I intend to pursue Lloyds for a refund on the unfair OD charges as I know that refunds have been given recently (I think I saw an articale on Moneysaving Expert about it and I intend to pursue them for the same). I have acknowledged service with both the Claimant and the Court.
Any advice would be massively appreciated.
Thanks
- - - Updated - - -
The amount "owed" is around £3,000
Issue Date: 11-7-2017
Amount approx:
Claimant: Arrow Global
Solicitor: Restons
Original Credit: Lloyds
Particulars of Claim:
The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Lloyds Bank Plc dated on or about May 27 2007 and assigned to the Claimant on Nov 24 2016
Stat Barred? Yes
Have sent: Acknowledged the Claim
Other Info:
I did put some other info, but it has vanished!
This relates to OD charges incurred during a time of financial hardship (I was 17, unemployed, my mum had just died and I was living alone with no family). I entered into my unauthorised OD and was being charged £10/day for doing so. I was trying to pay it down but, obviously with those charges, the debt spiralled out of control and I couldn't pay it. Lloyds ultimately closed the account.
I did not receive any correspondence from Arrow regarding this debt. I received correspondence from Restons in May 2017 advising that they had been instructed to act for Arrow. I wrote to them and said that I did not acknowledge any debt and asked for proof of the same. They have not provided this and instead issued proceedings without further notice.
I have today acknowledged the claim and sent them this letter:
Dear Sirs
Firstly, please find enclosed an acknowledgement of service following receipt of the Claim Form, which I was disappointed to receive in spite of my correspondence sent to you on 31st May 2017 and resent on 13th July 2017. You will note that your reply to my original correspondence was not sent until 23rd June 2017.
Secondly, I note that you have issued Court proceedings without notice of your intention to do so and your conduct will be drawn to the attention of the Court.
Thirdly, as previously stated in my correspondence x2, you have failed to provide any evidence as to my liability for the debt in question and as such, your claim will be vehemently denied.
In accordance with CPR 31.14, I formally request proof of the overdue balance, along with evidence that this contract has been “assigned” to yourselves within the next 7 days, failing which I will ask the Court to make a finding of summary judgment against yourselves, on the basis of your case as it stands, you have no grounds to pursue this matter.
I have contacted Lloyds and asked them to provide with my bank statements and the date I last paid anything into the account. Am I right in thinking that Arrow/Restons have no right of action to pursue a disputed debt? I intend to pursue Lloyds for a refund on the unfair OD charges as I know that refunds have been given recently (I think I saw an articale on Moneysaving Expert about it and I intend to pursue them for the same). I have acknowledged service with both the Claimant and the Court.
Any advice would be massively appreciated.
Thanks
- - - Updated - - -
The amount "owed" is around £3,000
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