Need help with the next steps for defending claim

[AE011]

Hoping someone can help point me in the right direction in regards to defending a claim against me for bank account overdraft that has been bought by Arrow Global Limited. I'll fill you in on the steps that I've currently taken myself and provide a timeline which has resulted in the claim.

Back in April of last year I received a letter from Arrow Global Limited advising me that they had purchased the debt from HSBC and stated that they had not attempted to contact me regarding the balance owed,(from what I can remember anyway) and to arrange payment to them.

I then issued a letter denying all acknowledgement of the mentioned debt and believed it was in-fact 'Statute Barred'.

August of last year I received a reply confirming the debt was not in fact 'Statute Barred' until the October along with the relevant documentation confirming their stance. I disputed this as felt this was not correct.

Fast forward to last week, I received a claim form in the post from Drysdensfairfax Solicitors advising me of the claim registered at Northampton Court with the issue date of 21/01/2020 and that I had 14 days to complete and send back. Last night I submitted the 'Acknowledgement of Service' and am now wondering where to go next. My defence is that the debt is now 'Statute Barred' even going by the dates advised by Arrow Global themselves. At no point throughout this process have I admitted/acknowledged the debt.

What are the necessary letters I need to be sending and what is the structure of my defence?

I really really appreciate any assistance provided on the back of this

[GBExile]

Hi, just to let you know the good people that can help you tend not to look at the site over the weekends. So do not panic if you do not get a reply with some meaningful help until Monday PM.*
Just a quick question though. Was the overdraft in the last couple of years mainly built up of penalty charges? Did they automatically take money from your savings or retrieve it the moment you paid money in? What was your authorised overdraft limit?
What was the original overdraft maximum when you stopped using the account? And what money are they taking you to court for (breakdown the original debt, fees & interest. As it is on the claim form).



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[AE011]

Ok thank you.

I don't believe there were penalty charges and they did not take money from any savings. The overdraft limit was in the region of £1000 which would of been maxed out

The amount claimed on the form is £1008.81 with added fees (court & legal representatives) making the total amount £1158.81

Apologises if this is not the correct info you've asked for. I'm not entirely sure
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[GBExile]

Ok thank you.

I don't believe there were penalty charges and they did not take money from any savings. The overdraft limit was in the region of £1000 which would of been maxed out

The amount claimed on the form is £1008.81 with added fees (court & legal representatives) making the total amount £1158.81

Apologises if this is not the correct info you've asked for. I'm not entirely sure

Ok. On the right hand side of the page under "short cuts" is the protocol in defending if you want some reading. Its step by step.*

[GBExile]

Amethyst*

[Amethyst]

Could you explain a little more about the statute barred issue please.

You believe it is statute barred because you last made a payment into the account in ?????

Arrow claim it's not Statute barred as the account wasn't closed/ defaulted until October 2014 ?

[AE011]

So from my recollection I last made a payment into the account in June 2013 however Arrow claim the last payment was made October 2013 which I disputed. Arrow then sent a copy of a statement showing a payment being made in the October 2013 along with a letter confirming the debt would not be statute barred until October 2019*

[GBExile]

So from my recollection I last made a payment into the account in June 2013 however Arrow claim the last payment was made October 2013 which I disputed. Arrow then sent a copy of a statement showing a payment being made in the October 2013 along with a letter confirming the debt would not be statute barred until October 2019

Post a copy of the statement & the letter & the court claim (the actual piece of paper from the court. Remove your name & address, the account number & court claim number.*

[AE011]

Here’s the letter I received confirming the date the debt became statute barred along with the claim info issued last month*

[GBExile]

Amethyst
Take a look at the above. The OP has an admission that the debt was not Statute Barred until Oct 2019 from the claimant but then they launched legal action in Jan 2020.
You couldn't make it up!
I know what I would do but I think your help would be better.*

[GBExile]

OP You haven't arranged payments or given them any money in 2019 did you?

[GBExile]

OP hang fire on responding to the court or the claimant until you hear from Amethyst*

[AE011]

No payments made and no acknowledgement of the debt at all

[GBExile]

No payments made and no acknowledgement of the debt at all

When have you got to file your full defence by?

[AE011]

23rd Feb. So 2 weeks yesterday*