court claim arrow global ltd-hsbc-11-7-2017

[Dutch]

Hi im hoping some can help as this forum has been very helpful in the past regarding this claim.

Long story short .. a claim for £5000 was put in against me for a £14000 loan which was taken out around 2005 and re financed around 2007/8 payments stopped around 2009. They are claiming i took out the the credit agreement in 2009 which is false and that it became default in 2013, what seems to have happened is that this loan was sold to Arrow and combined with an outstanding overdraft on my current account of £96 which defaulted in 2012/13 when i left the bank (credit report seems to confirm this as the dates add up).

i defended this claim back in August requested all the usual CCA, notice of default, assignments etc and to this day still havent recieved them,. The claim became stayed in August, i recieved a letter in December ackowledging they were unable to find the requested documents at this time and that the claim was unenforcable at this time due to this.

Evreything went quiet until yesterday when i recieved a letter saying Arrows 'in-house' team are now reviewing my defence and once the review is complete they would let me know how they will proceed.

Now im worried theyve magically got hands on documents although im confident a CCA will not exist for a loan i took out in 2009. Its time i requested a SAR from HSBC this is something i should of done months ago maybe i was naive to think that was that.

Could someone point me in the direction of an SAR template even though it might be a little to late if decide to proceed with the claim. Many thanks

[Amethyst]

Just the
Subject Access Request Letter
for you to get started on while I'm reading rest of your post and having a look for the history xx

[Amethyst]

Old thread... I'll merge in a bit ->>>; http://legalbeagles.info/forums/foru...hsbc-11-7-2017

Evreything went quiet until yesterday when i recieved a letter saying Arrows 'in-house' team are now reviewing my defence and once the review is complete they would let me know how they will proceed.

Personally I wouldn't worry, see what they come back with after their 'review' - they've already said they don't have the agreement - they don't seem to be trying to pass it off as just an overdraft and they will require the agreement for the loan/s to enforce. I would expect the letter is just a 'we're still here' contact - is there anything in the letter about their applying to the court at all ?

[thedirtyhound]

I'm in a similar sort of position with this outfit. They purchased an alleged debt I supposedly had with HSBC and issued a claim against me blindly, via Restons Solicitors. When I received their letter before action I requested all the relevant documents, but their reply was that they were under no obligation to send them to me and that, in any event, I should still have them. As it happens, I do! But they should have them too, especially if they are going to issue. Their attitude that the debt must be right because it is on a list of debts bought from a bank is very arrogant. I defended the claim and it has been stayed by the court in view of the Claimant's inactivity. As it happens it is only for around £600.00, so its no big deal. I also understand that it will cost them £100.00 in court fees (non recoverable) just to reinstate it. AG wrote to me in early March to tell me that their "specialist in house solicitors" would now be dealing with it and that I could expect to hear from them again soon. I'm hardly trembling at the prospect! Personally, I doubt if it will proceed any further because my defence is very strong and they will 100% have to go to court to argue their case. It costs them just as much to use their in house firm as it does an outside firm, because everyone's wages have to be paid! I think once you get possession of all the relevant documents, you should be OK. Good luck with it!

[Dutch]

Old thread... I'll merge in a bit ->>>; http://legalbeagles.info/forums/foru...hsbc-11-7-2017





Personally I wouldn't worry, see what they come back with after their 'review' - they've already said they don't have the agreement - they don't seem to be trying to pass it off as just an overdraft and they will require the agreement for the loan/s to enforce. I would expect the letter is just a 'we're still here' contact - is there anything in the letter about their applying to the court at all ?

Thanks for your reply! no there is no mention of them applying to the court to have the stay lifted, its a basic letter just explaining there now reviewing my defence and will take into consideration what was in it, my circumstances etc

[Dutch]

Hi me again.. hoping someone picks this up. I’ve been away for a week and come home to letter from Arrow with what looks like the CCA agreement a default notice which looks rather suspect as it has blank spaces where it’s says manager signature and signature date. It also has a copy of the originators statements which looks like it could well of just been printed out in word. They statement says my last payment was made in July 2012 which I’m adamant is not true.the cca looks legit with my signature etc and it’s dated 2009 but I don’t remember taking it out in 2009 it just doesn’t add up. There is a lot more in the pack explaining about small claims track. As they claim they are still looking to seek an amicable agreement I’m thinking of just giving up and offering them an affordable monthly payment. There’s no mention of them applying to the court as yet but I fear that’s only around the corner as this letter was sent out 31st of may.

[thedirtyhound]

You need to check out for sure when the last payment was made. Do you still have your bank statements?

[Dutch]

You need to check out for sure when the last payment was made. Do you still have your bank statements?

Unfortunatley not but i believe last payments were made around 2010. i have now sent off a SAR request but i fear it might be a little to late

[Amethyst]

Try and get your bank statement for the specific period that they claim the payment was made. You can normally order a copy of a historic statement for £5/£10 depending on the bank.

Does the agreement say anything about it being refinancing ( restricted use credit etc? )

You definitely need the SAR back from HSBC.

[Dutch]

the cca states it was for a managed loan. i remember re-financing my original loan(14,000) from 2005 so theres a possibility i re financed it in 2009 although the dates still dont add up to me i would of nearly paid my original loan off by 2009 but the CCA says the managed loan amount was for 10,000 .they also state in the letter “a creditor is allowed to provide a reconstituted agreement,as long as that version is accurate and contains all the original info contained in the agreement,apart from a few expectations that the law allows ,which includes signature box and date of signature” i dont know what they mean by that? i guess its on me to prove when the payments were made, and without the SAR request i really dont know for sure the exact dates.

[Dutch]

Hello just an update and a quick question I hope someone can help me with. having received my SAR request back there was nothing in there to help my claim so I deceide to offer them an affordable monthly payment. This was accepted as long as I signed a Tomlin order which is fine. I started the monthly payment in july as requested but as yet have not signed and returned this order due to the fact the total amount they say I owe includes the court fees and solicitors fees (bumping it up another £500) is this correct even though it hasn't gone to court? they have sent me another letter recently sayng if I don't sign and return it by 4pm the 22nd of August they may go ahead with the litigation. Hopefully someone can clear this up before I sign and return. Thanks