HELP NEEDED! Arrow/Drysden County Court Claim received

[Maz49]

Received a claim? Yes/No: Yes

Issue Date: 10/05/2022

Have you Acknowledged the Claim?: Yes, Online on 12/05/2022

Total Amount Claimed : £4500 ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)

Claimant’s Name: Arrow Global Limited

Solicitors Firm: Drydens Limited

Original Creditor: Virgin Money Plc

Original Debt (eg. Credit card/Loan/Overdraft): Credit Card

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

1. The claim is for the sum of £xxxx in respect of monies owing by the defendant on a credit agreement held by the defendant with Virgin Money Plc under account number xxxxxxxxxxxx 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 drysdenfairfax 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

List any letters you have sent (eg: CCA/ CPR ): None as yet. Claim received today.

Any Other Information or Background Details:

• The last payment to and contact with Virgin was in June 2021.
• Received a letter from Virgin Money on 22^nd May 2021 informing me account is moving to Arrow Global.
• Received a Statement Letter from Arrow 20^th September 2021 which states that is in relation to my running account credit agreement which is regulated by the Consumer Credit Act 1974 detailing the statement period.
• Received a letter from Arrow Global on 4^th March 2022 stating that the management of my account has been transferred to Drydens Fairfax Solicitors and that all queries, correspondence and payments should be made to them.
• Received a letter from Drydens Fairfax Solicitors on 7^th March 2022 confirming that they were instructed by their client, Arrow Global to obtain repayment of the amount due. Again, all queries, correspondence and payments should be made them.
• Received a Letter of Claim on 16^th March 2022, sent in accordance with the Pre-Action Protocol for debt claims (which I don’t understand)
• Received a letter from Drydens Fairfax on 5^th May 2022 notifying me that the account has been transferred to them and that County Court Claim has been issued against me in accordance with instructions received from their client, Arrow Global Ltd.
• Received a County Court Claim form on 12^th May 2022 with Arrow Global being the Claimant and Drydens Limited being the address for sending documents and payments.

I admit that I have buried my head in the sand when it comes to this paying this debt however, I am confused as to who legally owns the debt as my original agreement was with Virgin and would rather the money be paid to them as it was originally their debt.
I have not made contact with Arrow or Drydens Fairfax either by phone or letter
I am not sure how to approach this and desperately need help in dealing with this.

[MIKE770]

virgin seems to have sold to debt purchaser?> for pennies in pound, notice would of been sent to you by buyer. that is how they make their vast profits by buying debt, a rogue system.

[echat11]

a) What you need to do is Acknowledge Service online, that will give you an extra 14 days to work on you defence, so that 28 days in total, plus 5 days (post).

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send Drydens Limited a request for each account they have 14 days to provide you with a copy of your original agreements (or in some cases reconstituted agreement). Make sure you get Proof of Postage. Go through the information they send you.

https://legalbeagles.info/library/gu...etter-example/

c) Send Drydens Limited a CPR 31.14 Request, they have 12 days to provide documents they are relying to make the claim. Make sure you get Proof of Postage. Go through the information they send you.

Ask for copies of Agreement, Default Notice and Notice of Assignment.

https://legalbeagles.info/library/gu...-of-documents/

d) Send Virgin a SAR for the account, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage. Go through the information they send you.

https://legalbeagles.info/library/gu...ccess-request/

Make sure you get your defence in on time, so 28 days from the date of the claim letter, note it in your diary. There is an example defence on this site.

You have options to maybe get rid of charges, some interest, mediation, maybe arrange an affordable payment plan, etc so don't panic.

[Maz49]

Hi Echat11 - Many thanks for your reply!

a) What you need to do is Acknowledge Service online, that will give you an extra 14 days to work on you defence, so that 28 days in total, plus 5 days (post).

* I completed this on 12/05/2022 online

b) Send Drydens Limited a request for each account they have 14 days to provide you with a copy of your original agreements (or in some cases reconstituted agreement).

* Do I put the Virgin account number listed in the particulars of claim or their reference number in the letter subject?

c) Send Drydens Limited a CPR 31.14 Request

* The template says 'To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on'... What date do I put? I have calculated 07/06/2022


* When filing a defence do I have do it within the 28 days or 07/06/2022?

[MIKE770]

Check dates

[echat11]

b) Send Drydens Limited a request for each account they have 14 days to provide you with a copy of your original agreements (or in some cases reconstituted agreement).

* Do I put the Virgin account number listed in the particulars of claim or their reference number in the letter subject?

***Put the Virgin Account Number***

c) Send Drydens Limited a CPR 31.14 Request

* The template says 'To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on'... What date do I put? I have calculated 07/06/2022

Delete the word 'on', so put no date.


* When filing a defence do I have do it within the 28 days or 07/06/2022?

Up to the 7/06/22 is o.k., but you don't want to stress yourself leaving it to the last minute, you have some information so can start working on it now, then if you post it on this thread removing all personal details then we can take a look for you. Then you are ready to lodge with the Court and the Claimants.

[Maz49]

Thanks so much. Greatly appreciated. I will get these letters sent today and start working on the Defence and get it updated for you to look at.

[Maz49]

Hi EChat 11

Below is a draft of my defence which I am not sure if I have done correctly. Could you please take a look and let me know if there are parts I need to amend or delete based on my previous information of the case provided.

Kind regards:


1.The Defendant received the claim xxxxxx from the Northampton County Court on 12^th May 2022.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Virgin Money PLC for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7.[The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years]

8.The Claimants statement of case states that the account was assigned from Virgin Money Plc to Arrow Global Limited but does state the date when it was assigned. The Defendant does not recall receiving notice of this assignment.

9.It is denied that Virgin Money Plc served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10.On the 13^th May 2022 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 Fairfax. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
11. Drydens Fairfax has not sent any of these documents to the Defendant.

12.On the 13^th May 2022 The Defendant sent a formal request for a copy of the original agreement to Arrow Global Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.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.

14. 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). 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.

15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.

18.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe the (claimant or as may be) believes that the facts stated in this [name document being verified] are true. The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________________________________
Dated ________________________________

[echat11]

Have a read, providing you think it's o.k., send a copy to the Court and a copy to Drydens, make sure you get Proof of Postage. (Send it as late as possible to Drydens).

1.The Defendant received the claim xxxxxx from the Northampton County Court on 12^th May 2022.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Virgin Money PLC for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7.The Claimants statement of case states that the account was assigned from Virgin Money Plc to Arrow Global Limited but does not state the date when it was assigned. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Virgin Money Plc served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9.On the 13^th May 2022 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 Fairfax. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

11.On the 13^th May 2022 The Defendant sent a formal request for a copy of the original agreement to Arrow Global Ltd 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.

13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.

16.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe the facts stated in this Defence are true. I understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________________________________
Dated ________________________________

[Maz49]

Thank you for this. It looks okay however, I have never done this before. I will send this based on your suggestion. Can I file this online with the courts or do I need to post it?

[echat11]

Thank you for this. It looks okay however, I have never done this before. I will send this based on your suggestion. Can I file this online with the courts or do I need to post it?

Yes, you can file it online, providing the MCOL Court platform accepts the number of characters (there is a limit of 1080), if it doesn't accept it, you will have to post it.

Here is an excellent guide to help litigants in person - https://www.judiciary.uk/wp-content/..._in_Person.pdf

[Maz49]

Hi ECHAT11

So I filed the Court Defence on 30th May 2022 online and received a confirmation from the Courts on 31st May 2022 and sent a copy to Drydens Limited.

I also received a letter from Arrow Limited dated 24th May 2022 on Tuesday titled Notice of Default Sums however, I don't understand it.

It states 'Your Running Credit Agreement between xxxxxx and Virgin Money Plc (now Arrow Global Limited) ("Arrow", "us" or "we") dated 25th April 2017 and numbered xxxxxxxxxxx (the "Agreement").

This notice is about default sums and is given by us under the Consumer Credit Act 1974.

Get in touch:
drydensfairfax
xxxxxxxx

The following default sums have become payable under the Agreement:

4th May 2022 Issue Fees £xxx
4th May 2022 Issue Costs £xxx

Total amount of default sums included in this notice: (The amount stated is for the court fee and legal representative's costs.)

This Notice does not take account of default sums which we have already told you about in another default sum notice, whether or not those sums remain unpaid.

I have not typed the rest of the letter as I am assuming that as this looks like a standard letter you would know what the rest of it says. If you want me to send it to you, please let me know.

Could you please advise how I should proceed and what happens next?

[echat11]

It looks like they've sent you a Default Notice. I'm not sure why, it's quite meaningless. What they should send is a copy of the Default Notice they sent you when you actually defaulted (missed 3 monthly payments).

What's next, they have 28 days to respond to your Defence, that encompasses various dates to send the CPR (12 days), CCA (14 days) and SAR (30 days) information to you. You will receive a Directions Questionnaire from the Court, update when you receive it (if you don't receive it, within a few weeks, chase them up).

[Maz49]

Hi Echat11

In following up to the above, I have today received a letter from Drydensfairfax in response to the Defence I filed with the court in May 2022.

They have attached the following:

* A Notice of Assignment letter from Virgin to Arrow Global,
* Default Notice from Virgin Money/Arrow
* the Virgin Money Credit Agreement however, it does not have my signature. However it has my name and my old address.

* I also received the SAR's request documentation and there is a note in the documents stating that the account was sold to Arrow Global.

In their letter they are are inviting me to settle the matter without further legal action and in the event they don't hear from me in 7 days they will have no alternative but apply to the court to lift the stay of proceedings in order to progress the legal action commenced without further notice. It also states that that it is also likely that any such application will include an Application for Summary Judgment, given the evidence which has now been provided in support of our client's Claim.

I would be very grateful if you could please advise me of what I would need to do now.

Kind regards,

[echat11]

Does it have the address that you lived at, when applied for the credit?

Was it applied for online?

'the Virgin Money Credit Agreement however, it does not have my signature. However it has my name and my old address'.