Arrow Global / Virgin Money Claim

[Euphoria83]

Arrow Global / Virgin Money Claim

Today, 17:36:PM
Received a claim? Yes
Issue Date: 4th June 2021
Have you Acknowledged the Claim: Not yet
Total Amount Claimed : £4900
Claimant’s Name: Arrow Global Limited
Solicitors Firm: Drydens Ltd
Original Creditor: Virgin Money Plc
Original Debt: Credit Card
Particulars of Claim:

1. The claim is for the sum of £4900 in respect of monies owing by the defendant on a credit agreement held by the defendant with Virgin Money Plc under account number XXXXXXXXXXXXXXXXX upon which the defendant failed to maintain payments.
2. A default notice was served upon the defendant and has not been complied with
3. The balance owed was assigned from Virgin Money Plc to the claimant, and the defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors on 0113 823 3418.

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No, it's 5 years now since defaulted
List any letters you have sent (eg: CCA/ CPR ): Not yet
Any Other Information or Background Details:

Don't remember getting much of anything about this, the account was my old address and I've been moved 4 years. I defaulted all my debts 5 years ago due to losing a business that a fire destroyed.

Assuming I should be following first steps - acknowledgement, send CCA, send CPR, then send defence following example? Should I just omit paragraph 7 about statute barring?

Thanks everyone!

[Euphoria83]

Hey folks, I filled an acknowledgement of service 10/06/21 as well as the CCA & CPR. No response yet although Arrow Global sent me the £1 postal order back with a compliment slip saying no longer needed. Unless I get any specific other advice I just file defence example omitting paragraph 7 as its not statute barred?

[MIKE770]

also amend and enter:- that on such a date request under CPR 31.14 to date no response has been afforded. and the same for the CCA request

[Euphoria83]

also amend and enter:- that on such a date request under CPR 31.14 to date no response has been afforded. and the same for the CCA request

Thanks for replying, is that the same as this wording from the template?

9.On 10 June 2021 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Drydens Ltd. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10. Drydens Ltd has not sent any of these documents to the Defendant.

11.On the 10 June 2021 The Defendant sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.



Also in template;

13. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

Can I/do I delete this as its I've not done this?

[ecalid]

Hi Euphoria,

I personally wouldn't include something into my defence that I couldn't back up in my witness statement.

I am assuming that Drydens have not responded to your defence? if you had submitted it, and the claim is now stayed?