arrow global claim

[shellby]

hello
im wondering if anyone can give me some advice please.

i received a claim form from ccbc dated 10/01/18, claimant arrow global with restons solicitors stating
"the claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and lloyds bank plc dated on or about jan 31 2000 and assigned to the claimant on jun 29 2017. Particulars a/c no xxx date 21/11/17 item default balance value £9588.76 post refrl cr NIL total £9588.76 "

i responded via MCOL and totally defended the claim as i believed it was statute barred.

in the meantime i sent an SAR to lloyds bank, a request to arrow global for a copy of the agreement and a CPR 18 request to restons, all via signed for post and i have copies of the signatures of delivery.
up until today 14/07/18 i have heard nothing from anybody, apparently the claim was stayed.

in the post today (14/07/18) comes a letter from ccbc saying that the claim has been transferred to my local county court to deal with the claimants application to lift the stay and summary judgement.
also is a 'notice of change of legal representative' saying that arrow global have ditched restons and are using their own litigation executive.

she has included a 'witness statement' she intends to use to prove the debt is mine, which includes a 'true copy' of the agreement.... they have included 'an agreement' from lloyds but it has a completely different reference number to the one in dispute, the signature is a poor imitation of mine, it has been ticked in the box saying yes to PPI,
it also states there is a 'true copy' of the t's and c's however the address on these are for an address i didnt live in until 5 years after the alleged agreement was issued ??
it also includes 'proof' of the notice of assignment to arrow global, however it is dated to an address i havent lived at for over 3 years and i never received this.

i have asked for all my statements and proof i owe this debt, i also requested the default notice, i havent received any of these.

what is my next move please can anyone help me
thanks in advance x

[shellby]

BUMP .. Please can someone advise me

[jaguarsuk]

Apologies your thread was missed, is the application ticked without hearing?

The reference number on the agreement is different to what? The one in their Particulars of claim? Or the Lloyds account number?

Are the terms of the PPI included?

You need to get proof of when you lived where, so ask your bank(s) at the time you changed addresses to verify the date of those changes.

You will need to file a Witness Statements to oppose the application, but need this information before advising further.

[shellby]

Thank you so much for replying ......

The CCA sent with the witness statement from Arrow has a completely different agreement number to the agreement number Arrow have given in the particulars of the claim. It is from 2000 and has been filled in and signed but not by my hand, the signature is clearly forged.
The TCs and Cs are 'apparently' supposed to be from the same application but i didnt move into the address written on them until 5 years later??
There is nothing to explain about PPI anywhere just a box ticked on the CCA.
The address changes are actually on my credit file and i still have bills to prove where i was living as well.
Arrow say it's still enforceable even if the agreement numbers don't match but how can it be??
Thanks very much for your help x

[shellby]

Sorry it has been ticked 'with hearing'

[Amethyst]

When did the debt originally default ? ( ie when are classing it as having become statute barred ?)

As Jaguars says you will need to do a Witness Statement pointing out these faults and defending their application for summary judgment.

It would be helpful to upload a copy of the cca and terms ( suitably redacted ) - They are meant to send one copy of the original agreement and terms, and also a copy of terms as varied ( wondering if the terms with the address from 5 years later are the varied terms, and the original agreement doesn't have the terms available?)

Have they request summary judgment as they are claiming you have no prospect of success ? ( Could you post your defence up too pls )

Have you had anything back from your SAR to Lloyds yet ? - if not chase that up with them directly. You could do with some transaction lists to see if you were actually charged PPI - as well as agreements, notices etc.

Also what kind of debt is it ? ( credit card / loan etc ? )

[shellby]

It is a lloyds credit card defaulted in 2010 went through stepchange and then paid it off in 2014 hence why i said it was statute barred, it went off my credit file in 2016 satisfied.
I have heard nothing from anyone since the initial claim form in January, until i received the notice on 14th July.
I have tried to upload pictures some with this post but its saying the pics are too large and i cant make them any smaller they are off my phone ??
the ts and cs are about 4 pages long but the address is from 2005, there is nothing else with the CCA.
My defence is there too. i just need to know how to get them on here, is there an email address i can send them to please X

[shellby]

gallery pages.pdf gallery pages (1).pdf gallery pages (2).pdf

[shellby]

Hello.....

[jaguarsuk]

Thank you so much for replying ......

The CCA sent with the witness statement from Arrow has a completely different agreement number to the agreement number Arrow have given in the particulars of the claim.

This needs to be highlighted then as they are clearly not realted.

It is from 2000 and has been filled in and signed but not by my hand, the signature is clearly forged.

Again highlighted and use a copy of the reverse of your bank card to show a true copy of signature (redact the CCV number)

The TCs and Cs are 'apparently' supposed to be from the same application but i didnt move into the address written on them until 5 years later??

The address changes are actually on my credit file and i still have bills to prove where i was living as well.

Again this needs to be highlighted as you have the evidence to prove the agreement not to be a true or enforceable copy.

There is nothing to explain about PPI anywhere just a box ticked on the CCA.

The agreement is not complete as the terms of the PPI also form part of it and are not provided.

Arrow say it's still enforceable even if the agreement numbers don't match but how can it be??
Thanks very much for your help x

Of course they do because they want you to pay up.

It is a lloyds credit card defaulted in 2010 went through stepchange and then paid it off in 2014 hence why i said it was statute barred, it went off my credit file in 2016 satisfied.

Is this all you plead in the Defence as the attachment only shows the Claimants application form?

[shellby]

Hi there, ive tried to put my defence up but it won't let me, but yes that's basically what i said.
I received my first ever letter today from Arrow you couldn't make it up...
"upon review of our records, we note that following the receipt of your defence, your account was not updated with your up to date address, we apologise for any inconvenience caused."
How the hell did they open a claim against me then if they didn't know where i lived ???
They've also included all their 'previous' correspondence that they apparently posted to the wrong address...
It's obviously all been written this week, my blood is boiling
Can they do this and get away with it ??

[jaguarsuk]

Hi there, ive tried to put my defence up but it won't let me, but yes that's basically what i said.
I received my first ever letter today from Arrow you couldn't make it up...
"upon review of our records, we note that following the receipt of your defence, your account was not updated with your up to date address, we apologise for any inconvenience caused."
How the hell did they open a claim against me then if they didn't know where i lived ???
They've also included all their 'previous' correspondence that they apparently posted to the wrong address...
It's obviously all been written this week, my blood is boiling
Can they do this and get away with it ??

Hi, just copy and paste it.

You have followed the Witness Statements guide haven't you?

Basically yes, it's important you post everything that they have sent you for us to see and properly advise.

[shellby]

Hello again.. . Right, it is getting complicated now...
After receiving this application for the stay to be lifted i rang Arrow Global to tell them that the agreement number was completely different and it wasn't my signature on it, they said i needed to do a fraud form, i said i dont need to do anything, i also asked why they had never responded with my request for documentation when i defended my claim, they said that they have had the wrong address for me on file since obtaining said debt, and were very sorry... How did they file a claim against me at my address then... My address was on the request for information....
Anyway the next thing i receive in the post is all the paperwork they 'apparently' sent to wrong address.... Including a 'we do not accept we are the creditor' letter dated 5 days after they opened a case at CCBC ...
Im really confused here... If they not the creditor how can they open a claim???
They then send a letter 3 weeks after the closing date for the claim saying 'we are the claimant' wanting me to settle the debt for a reduced amount???
The next one is in June .. 3 months after claim stayed, saying i have no chance of defending claim and they are asking for stay to be lifted, but please settle debt with reduced amount again....
Another letter in June saying they are providing me proof under section 78 cca 1974 of a copy of agreement, cooy of ts and cs, plus statements. They then ask for repayment again.

Am i missing something here, please can someone advise xx

[shellby]

BUMP

[jaguarsuk]

After receiving this application for the stay to be lifted i rang Arrow Global to tell them that the agreement number was completely different and it wasn't my signature on it, they said i needed to do a fraud form, i said i dont need to do anything, i also asked why they had never responded with my request for documentation when i defended my claim, they said that they have had the wrong address for me on file since obtaining said debt, and were very sorry...

Don't ring, write! How can you prove to the court what has been said in that call? You can't and they can deny the conversation.

How did they file a claim against me at my address then... My address was on the request for information....

They're lying, they didn't send the paperwork because they didn't have it otherwise they would have progressed the claim at the time.

Anyway the next thing i receive in the post is all the paperwork they 'apparently' sent to wrong address.... Including a 'we do not accept we are the creditor' letter dated 5 days after they opened a case at CCBC ...
Im really confused here... If they not the creditor how can they open a claim???
They then send a letter 3 weeks after the closing date for the claim saying 'we are the claimant' wanting me to settle the debt for a reduced amount???
The next one is in June .. 3 months after claim stayed, saying i have no chance of defending claim and they are asking for stay to be lifted, but please settle debt with reduced amount again....
Another letter in June saying they are providing me proof under section 78 cca 1974 of a copy of agreement, cooy of ts and cs, plus statements. They then ask for repayment again.

In your witness statement don't oppose lifting the stay, but oppose summary judgement being entered in their favour and ask the judge order the claim dismissed due to the CCA being of a different reference number to your account and it not being your signature meaning the claim being brought in not enforceable under the CCA 1974.