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On the 15 October 2018 a county court claim was received for the sum of £539.97 (including court and solicitor costs) for an old debt with New Day dating back to September 2014. I acknowedged service on the 01 November 2018, and submitted my defence on the 15 November 2018 requesting the full account information, which was effectively your CCA request letter. Shoosmiths had been acting for them and submitted the claim but following the submission of my defence, they withdrew from the process and passed the debt collection back to Arrow, who decided to deal with the matter in-house.
I received correspondence from the court to advise that the claim would be marked as "stayed", until such time they received a request for the application to be resurrected.
Since then, I've effectively recieved a couple of holding letters from Arrow advising they were trying to obtain the copy agreement etc. from New Day, and asked that I bear with them. I finally received the documentation (copy agreement, statements, etc.) along with their letter dated 22 February 2019, and they have requested that I engage with them to settle the debt. As I have to respond by the 24 March 2019 (according to their letter), I just wanted to check my position.
1. Do I have to respond, given they are more than 12 days over the timescales for providing the supporting documentation i.e. it has taken over 3 months to receive this?
2. Can Arrow now progress the court claim for the debt, given they have failed to comply and the application is "stayed"?
3. They have never provided any evidence of the debt being assigned i.e. the debt was allegedly transferred from New Day to IDEM Capital Securities, who in turn transferred/assigned the debt to Arrow Global. Should I be requesting copies of proof that both these assignments took place and that Arrow are now the rightful owner of the debt??
Sorry for all the questions, just don't want to end up with a CCJ over this.
Many thanks
I received correspondence from the court to advise that the claim would be marked as "stayed", until such time they received a request for the application to be resurrected.
Since then, I've effectively recieved a couple of holding letters from Arrow advising they were trying to obtain the copy agreement etc. from New Day, and asked that I bear with them. I finally received the documentation (copy agreement, statements, etc.) along with their letter dated 22 February 2019, and they have requested that I engage with them to settle the debt. As I have to respond by the 24 March 2019 (according to their letter), I just wanted to check my position.
1. Do I have to respond, given they are more than 12 days over the timescales for providing the supporting documentation i.e. it has taken over 3 months to receive this?
2. Can Arrow now progress the court claim for the debt, given they have failed to comply and the application is "stayed"?
3. They have never provided any evidence of the debt being assigned i.e. the debt was allegedly transferred from New Day to IDEM Capital Securities, who in turn transferred/assigned the debt to Arrow Global. Should I be requesting copies of proof that both these assignments took place and that Arrow are now the rightful owner of the debt??
Sorry for all the questions, just don't want to end up with a CCJ over this.
Many thanks
