Restons / arrow gloal old Lloyds credit card

[katz83]

Hi

I've received a court claim from Northampton County Court today dated 26th Jan 2018.

Particulars of claim
the claimant claims payment of overdue balance from the defendant under a contract between the defendant and with Lloyds bank dated on or about Nov 07 2006 and assigned to the claimant on Feb 28 2017. Balance £2042

I have a copy of the cca and a letter of assignment dated 21.7.17.
I have never received a default notice for this account.

I paid via a DMP with payplan from 2007/8 to Dec 2014 then stopped as I could no longer afford it, I had been paying £24.95 per month . The balance just kept going up though due to interest and late charges. Without these the debt would have almost been clear.

The last statement I received was Sept 2012.

I had a letter from Restons in July saying they had been instructed to issue court proceedings. I disputed the debt, charges and interest and I have received a copy of the CCA from restons.

I have put in a claim via resolver for late payment charges and interest that was still being charged while on DMP.

I have gone online done the acknowledgment of service and ticked that I intend to defend all of the claim.

I would appreciate any advice on how to proceed.
thank you

[Amethyst]

I have gone online done the acknowledgment of service and ticked that I intend to defend all of the claim.

Good start Do you know if the original debt was a loan or credit card or overdraft ? Did you obtain the copy agreement via a CCA request, and was that made to the current owners/claimants for the debt ? When did you put a complaint in via Resolver ?

edit: ok it was a Credit Card ( helps to read the title !)
So late payment charges of £12 ?

[katz83]

Hi Amethyst

It was a credit card. The CCA request was made to Arrow. I put the complaint into resolver last week.
I got into financial difficult at the end of 2007 and went with Payplan. My accounts defaulted in 2007 early 2008 except my Lloyds bank account and Credit card for some reason these did not default until 2011, but I did not receive default notices, I fund them on my credit file, they dropped of this last year.

[katz83]

Yss late charges £12 and interest, it came to about double what I was paying each month, so debt just getting bigger all the time!

[Amethyst]

Crazy isn't it. Okay.... recent judgment ( in county court so only persuasive not precedent setting ) http://legalbeagles.info/forums/foru...efault-notices but might help form the arguments ( and give you a bit of confidence) for your defence on the charges. Have you got all your transaction list from Lloyds already ? If not, get a SAR sent off ( Subject Access Request Letter )


When you put the complaint through with Resolver do you get a copy of that complaint ? If so can you post it here just make sure all is in order to back up with defence.

[katz83]

I've just sent a sars request to Lloyds. I'm hoping to get a letter from the resolver case in the next few days, I'll post it when I have it for you.

It is a bit crazy, to be honest I'm a bit over whelmed by it all at the moment.

[katz83]

Hi, I have some updates.

I've found a copy of the CCA I received from Lloyds a while ago when I requested it. This is signed by me but not Lloyds.
I also have a copy from arrow I received in Oct 2017 which is the same except it has a date stamp of 9Nov 2006 and is initialled/signed. Could this have been put on when Arrow sent it to me? If it does, does this have any implications for my defence.

Also Lloyds have responded to my complaint about fees and have offered £140 for the inconvenience caused and have arranged to have £551.45 removed from the debt. What does this now mean,as the court claim will be for the wrong amount?

Lloyds have also said the account defaulted on 13th August 2008. This is interesting as it showed on my credit file as 2011, I tried several times through Noodle to get it corrected as I was trying to get a mortgage but Lloyds refused. I didn't get a default notice but all my accounts defaulted end of 2007 so I knew 2011 was wrong. Does this help with my defence at all?

I've had a response from Lloyds to my SARS request but don't think I will get the documents in time for my defence.

Is there anything I should be sending to Arrow or restons at all.

Sorry for all the questions.

[katz83]

Hi

My defence is due in on 1st March, this is what I have so far. Could someone have a look and see if I'm on the right track please. Many thanks in advance.

DEFENCE

1. The defendant received the claim from the Northampton County Court on
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defense.
3. This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.
4. It is admitted that the Defendant has in the past had dealings with Lloyds Bank.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. It is denied that Lloyds Bank 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.
7. The Claimants statement of case states that the account was assigned from Lloyds Bank to Arrow Global limited on 28.2.2017. The Defendant does not recall receiving notice of this
   assignment. The claimant is required to prove their right to bring a claim by producing a valid and legible deed of assignment.
8. A CCA request was sent to Lloyds Bank and a CCA was received back from Lloyds bank on 7.11.2009, this CCA was not signed by Lloyds Bank.
9. The defendant requested the Claimant provide copies of the Contract and Notice of Assignment on 31.7.17 the same CCA was sent but it now had a date stamp and initials on it.

1. A SARS request was sent to Lloyds on 2.8.2017, nothing was received despite originally receiving a letter saying my request would be dealt with in 40 days. Another SARS request was sent to Lloyds on 31.1.18 Lloyds have acknowledged the request and have again sent a letter saying the information will be given to me within 40 days.
2. On 17.8.2017a letter was sent to Restons Solicitors acting for Arrow Global Ltd disputing the debt due to unlawful and unreasonable charges and asking for any collection activity to be suspended as per OFT guidelines Section 2.8k.Supporting documentation regarding my ongoing diagnosis of Autism was sent to Arrow Global.
3. 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.
4. 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.
5. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defense, and would ask that the Claimants bear the costs of the amendment.

[katz83]

sorry just noticed numbering has gone a bit wrong!