Arrow Global V loudog1

[loudog1]

Sorry guys I've posted previously but just found the information on first steps to take.....



Received a claim? Yes/No: YES
Issue Date: 30/01/2018
Have you Acknowledged the Claim?: NO
Total Amount Claimed: 7441.43
Claimant’s Name: ARROW GLOBAL LTD
Solicitors Firm: RESTONS
Original Creditor: HSBC
Original Debt (eg. Credit card/Loan/Overdraft) : Im 99% sure this was a personal loan although AG are saying an overdraft
Particulars of Claim: Please type out in full excluding names/account numbers:
The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and HSBC dated on or about Aug 21 1996 and assigned to the Claimant on May 13 2011
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Unsure
List any letters you have sent (eg: CCA/ CPR ) CCA sent to AG on 07/06/17
Any Other Information or Background Details:

Arrow Global replied to my CCA on 14/06/17 with this....

""We thank you for your letter and acknowledge your request for documentation pursuant to the CCA 1974.

We do not accept that we are the creditor as envisaged by the above statute.

This account arose under an overdraft facility. Even if this account was regulated under the Consumer Credit act 1974, Part V of the act does not apply to this facility and there will accordingly be no executed agreement""


FURTHER INFO: Im sure this was never an overdraft but a personal loan. The debt was originally with Phoenix Recoveries and I have an annual statement from them from back in October 2010 stating

"This statement is issued under section 77a of the CCA 1974". Does this not contradict what AG have stated on their reply to me??

Help..... Confused!!!!

[Diana M]

I've replied on both of your other threads so maybe Kati would be kind enough to merge all three

Thread 1 > http://legalbeagles.info/forums/foru...96#post1388796

Thread 2 > http://legalbeagles.info/forums/foru...83#post1388983

Di

[loudog1]

Thank you Di.... Im a little useless with computers! If they can be merged that would be great, thank you

[loudog1]

Di

Ok now I feel really stupid only just noticing this. On my county court claim the particulars state that the contract between myself and HSBC was dated on or about AUG 21 1996. I was only 16 then!!!

[Kati]

I've replied on both of your other threads so maybe Kati would be kind enough to merge all three

Thread 1 > http://legalbeagles.info/forums/foru...96#post1388796

Thread 2 > http://legalbeagles.info/forums/foru...83#post1388983

Di

Thank you Di.... Im a little useless with computers! If they can be merged that would be great, thank you

If I can figure out how to, I'll do it xx

[Diana M]

Di

Ok now I feel really stupid only just noticing this. On my county court claim the particulars state that the contract between myself and HSBC was dated on or about AUG 21 1996. I was only 16 then!!!

In which case maybe it’s not you who will be ultimately revealed as stupid. . . .

Di

[loudog1]

See 1996 would of been when I opened the account with HSBC. The loan, or overdraft as they are saying it is and credit card where taken out in roughly 2006! X

[loudog1]

Im just doing my CPR letter to Reston's and on the template on here its wanting me to put a date in for my defence? what date do I use? x

[loudog1]

Sorry another question!

Do I need to send the above mentioned CPR to Reston's as looking through my paperwork, when I sent them a copy of my CCA request that I had sent to Arrow Global last year, Reston's replied to me with this letter.....

Dated: 15/09/2017

"To confirm, our client has received your request for a copy of the original credit agreement. However, as this is an overdraft facility there would never have been a signed agreement and as such your request is invalid"

[loudog1]

Update: I have sent my SAR to HSBC and I have had a letter from them today saying they have 40 days.

I need to do my defence for my court claim and do not know where to go from here and I only have until next week!

Any help or advice greatly received x

[loudog1]

Another query I have is that I have had a look at the defence template.

Arrow Global are dying this is an overdraft so it is not regulated under the CCA..... As I previously mentioned I do believe this was a personal loan.

Can I still use the template as I am saying it is one thing and they are saying another??

And if HSBC have 40 days to respond to my SAR I have no proof?

[loudog1]

Is there any one who can advise or help?

[Amethyst]

HSBC do tend to amalgamate debts like loans and credit cards into an overdraft... which the DCA's seems to think means absolves them of any requirements under the CCA to provide documents. When is your defence due in ? Ahh 4th March

So do you have any idea how much your overdraft was when you stopped using the account ? and how much was outstanding on the loan when you stopped paying that ?

[loudog1]

Thank you so much for your reply, its so very appreciated. Ive only just come out of hospital after a weeks stay and finding this all very daunting and confusing whilst in a brain fog of painkillers so thank you!

My court claim issue date is 30th January, I have acknowledged the claim, am I correct in thinking I have 28 days from the 30th January to file my defence?

I do believe this debt was a personal loan, taken out in approximately 2006.

I have one letter from Pheonix Recoveries dated October 2010 stating closing balance £8256,84 and stating its issued under the CCA 1974.

It was then passed to Arrow Global Ltd and Reston's solicitors and I have a letter dated 19/01/2017 24/05/2017 stating the sum was £6931.43 and I sent a CCA and they wrote back on the 14/06/2107 with

"We thank you for your letter and acknowledge your request for documentation pursuant to the CCA 1974,

We do not accept that we are the creditor as envisaged by the above statue.

This account arose under an overdraft facility. Even if this account was regulated under the CCA1974, Part V of the act does not apply to his facility and there will accordingly be no executed agreement"


The Particulars of my claim are

"Balance due from defendant under a contract between the defendant and HSBC dated on or about Aug 21 1996 and assigned to the claimant on May 13 2011"

This is find confusing as I was only 16 years of age on 21/08/1996 and still at school!

[Amethyst]

Indeed !

Let me put together a basic defence which you can adapt to suit then - probably easiest place to start than try from scratch.