Court Claim- Arrow Global/ Restons Solicitors - Bank of Scotland overdraft

[softcell]

Hi there,

Firstly I must say this forum is a great resource and I have already learned a lot by reading other threads. Any help with this would be very much appreciated.

I have received a Claim form from County Court Business centre in Northampton regarding an overdraft I held with Halifax Bank.

The claimant is Arrow Global Limited. Restons Solicitors Limited are the party I am instructed to send docs/payments to.

The issue date on the Claim Form is 10/1/2018 and I filed acknowledgement of service online on the moneyclaim website stating I wish to defend the claim in full (based on advice on here).

Here are some details included in particulars of the claim (I have replaced any potentially identifying details with x's):

'Claimant claims payment of overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Bank of Scotland dated on or about Mar xx 2008 and assigned to the Claimant on Jun xx 2017'

'Particulars A/c no -xxxxxxxxxxxxxx

Date: xx/11/2017
Item: Default Balance
Value: £17xx.xx (approx £1700)
Post Rerl Cr: Nil

They have added on £105 court fee and £80 legal costs.

I am in a position to make an offer to Reston's and was thinking of offering around 50% of the default balance but upon reading other threads I'm not sure whether this is a good idea at this stage based on the fact that I have stated I wish to defend the claim.

I have not made any contact with Halifax or any DCAs/ their solicitors since last payment to account (approx 2 years ago).

Many thanks for taking the time to read this, and in advance for any help I might get.



'

[nemesis45]

[QUOTE=softcell;n1386422]Hi there,

Firstly I must say this forum is a great resource and I have already learned a lot by reading other threads. Any help with this would be very much appreciated.

I have received a Claim form from County Court Business centre in Northampton regarding an overdraft I held with Halifax Bank.

The claimant is Arrow Global Limited. Restons Solicitors Limited are the party I am instructed to send docs/payments to.

The issue date on the Claim Form is 10/1/2018 and I filed acknowledgement of service online on the moneyclaim website stating I wish to defend the claim in full (based on advice on here).

Here are some details included in particulars of the claim (I have replaced any potentially identifying details with x's):

'Claimant claims payment of overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Bank of Scotland dated on or about Mar xx 2008 and assigned to the Claimant on Jun xx 2017'

'Particulars A/c no -xxxxxxxxxxxxxx

Date: xx/11/2017
Item: Default Balance
Value: £17xx.xx (approx £1700)
Post Rerl Cr: Nil

They have added on £105 court fee and £80 legal costs.

I am in a position to make an offer to Reston's and was thinking of offering around 50% of the default balance but upon reading other threads I'm not sure whether this is a good idea at this stage based on the fact that I have stated I wish to defend the claim.

I have not made any contact with Halifax or any DCAs/ their solicitors since last payment to account (approx 2 years ago).

Many thanks for taking the time to read this, and in advance for any help I might get.



'








Hi Welcome to LB.

Before making any offers make sure AG and Restons have anything to uphold this claim!
Go to the Letters & Guides in the green box above and click on " first steps " and make a CCA request to AG
for a copy of the " contract " mentioned" in the PCO ( £1 statutory fee to pay use a postal order marked for " statutory fee only" and send by signed for post.

Next A CPR31.14 request to Restons (no fee) for the documents mentioned in the POC The Contract is the only one you mention here but is there a default notice/final demand ? I see the assignment is mentioned so also request the Notice of Assignment.

Making an offer of " full and final settlement needs to be carefully worded or you could end up with AG selling the remaining balance to another shark.

nem

[softcell]

Thanks very much for your reply, I will send these requests off by signed for post tomorrow morning.

Regarding the POC- I quoted word for word from the claim form. I did probably receive a default notice and/or final demand through the post but these are not mentioned anywhere on the Claim Form itself.

[softcell]

Sorry just a quick question, I am in the process of doing the letters and notice that just before the template it states overdrafts may not be covered by the CCA. Is it still worth requesting the contract mentioned in the POC anyway to see how they reply? Thanks in advance

[softcell]

nemesis45 Have sent the CPR request but for CCA Im not sure whether I should ask for a copy of 'credit agreement' as in the template, or the 'contract' mentioned in the POC (or both). Thank you

[nemesis45]

nemesis45 Have sent the CPR request but for CCA Im not sure whether I should ask for a copy of 'credit agreement' as in the template, or the 'contract' mentioned in the POC (or both). Thank you

Hi softcell,

Use their term as for the contract.

nem

[Diana M]

nemesis45 Have sent the CPR request but for CCA Im not sure whether I should ask for a copy of 'credit agreement' as in the template, or the 'contract' mentioned in the POC (or both)

For the CCA Request you must ask for a copy of the "credit agreement" regardless of what the Claimant has mentioned in the Particulars of Claim.

If you alter the wording in the CCA Request template the request may not be valid.

Di

[softcell]

Diana M thanks for your input. Given as I have now sent the CCA request and changed wording to 'contract' is it worth doing it again as per the template and resending it or is this going to confuse things? Thanks