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Help please! County Court claim form received, no idea what to do next!

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  • Help please! County Court claim form received, no idea what to do next!

    Hello all,

    Thanks for taking the time to read this, have just found LegalBeagles and hoping some kind people will be willing to offer some advice.

    I have received a county court claim form, for an old debt accrued on a credit card a number of years ago, I was originally paying Robinson Way back, but they decided I wasn't paying quickly enough for them, and started pestering with phone calls, threatening letters etc, so I (maybe foolishly) stopped dealing with them and the payments stopped.

    I think this was probably over the 6 years ago, but my credit report lists the default date as in 2007, is it feasible this date could be wrong, or am I likely to be clutching at straws?

    The claim form states the claimant to be Arrow Global Ltd, who I have never had any contact with at all, and they have out of nowhere issued this, the last thing I knew this was sat in an office at Robinson Way, or had been shredded when the time elapsed at a guess, but apparently not.

    I really don't have the money (£1500), am currently paying off some other old debts which leaves us struggling to get to payday every month, I was considering a prove it letter, but would not receive the info back within the time scale I have to defend the claim form, or not sure whether to chance my arm on the statute barred approach.

    Any help gratefully received. The following gives a further breakdown of the claim form.

    Claim issued from court 21 Feb 2012 - now acknowledged, defence pending.

    The full Particulars of Claim as detailed on the form - The claimant's claim is for the balance due under an agreement which is now all due and payable.
    The defendant agreed to pay monthly instalments under account number xxxxxxxxxxx but has failed to do so.
    And the claimant claims the sum of 1499.00
    The claimant also claims interest thereon pursuant to s.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00

    The amount claimed - 1499.00
    Court fee - 65.00
    Solicitors costs - 80.00

    Total amount 1644.00
    Last edited by Constant struggle; 9th March 2012, 12:48:PM. Reason: Now a little calmer, have brought more order to the post, in keeping with the posting in this forum guidelines - apologies :)
    Tags: None

  • #2
    Re: Help please! County Court claim form received, no idea what to do next!

    Hi
    First of all it is imperative you respond to this within the allotted period to prevent default judgment.
    As I see it there are three issues here.
    The enforcement is statute barred
    The ownership of the account by the claimant
    The particularisation of the amount claimed

    Regarding the first of these, the date on your credit file does not necessarily indicate the date of the cause of action for the enforcement, that could and probably did occur sometime before, the deciding fact will be when your made your last payment.
    You could say on your reply that, the alleged debt is statute barred and I put the creditor to strict proof to the contrary.
    On the second point you could say.
    I have no knowledge of any sums due to the claimant and put them to proof that any debt exists and to provide any contract or assignment that proves the ownership of any alleged debt.
    I think that this would probably do for a start unless anyone else has more suggestions.
    Peter

    Comment


    • #3
      Re: Help please! County Court claim form received, no idea what to do next!

      Hi Mr.Peterbard and thanks for the response,

      These are kind of the lines I was thinking of going along, does anyone know if mentioning the statute barred argument will in turn act as an acknowledgement the debt exists?

      In reality, I can actually only assume that this in relation to the old credit card as I have had no information at all, all I have is a claim form that states the claimant is claiming the due monies.

      Sorry for the rambling, I guess I am asking whether I am better served by claiming a defence of not having been supplied with any information as to what this in regards to, or whether to just throw the statute barred at them.

      Again, any advice greatly appreciated, I have acknowledged the claim form online, which as I understand it allows me another 2 weeks to submit a defence. Should I at this point request the paperwork from Arrow Global, knowing that on the offchance they can supply something, I have no hope of setting eyes on it before my defence is due, or will that be taken care of by the court? Very very new to all this kind of thing, and head constantly coming up with random questions at the moment...
      Last edited by Constant struggle; 9th March 2012, 11:47:AM.

      Comment


      • #4
        Re: Help please! County Court claim form received, no idea what to do next!

        HI

        No If six years have passed since an acknowledgement of the account or the cause of action, you cannot reactivate the account.

        You are not acknowleging the account by asking for proof that the statue barr is not applicable.

        As i said i would say that i have no knowledge of any debt to the claiment, and put them to strict proof that any exists. This means not only do they have to show that an account initillay existed with your credit card supplier, but that all the intermediary assignments and transfers took place in order to assign the rights for the claiment to pursue in court.

        You are telling the truth you have no knowledge of any debt to the claiment, the last time you heard of this it was with someone else, you havent recieved any notice of any transfer. You dont of course mention that , let them do the work and justify their claim, if they can.
        Peter

        Comment


        • #5
          Re: Help please! County Court claim form received, no idea what to do next!

          Good advice Mr Bard.

          You say you think this was probably over the six years ago. I guess it's kind of important to find out for sure, or you could defeat your own defense in one blow.

          Sure, if you can be certain go for it. As Mr Bard says, the default date is regularly different to the cause of action. Otherwise, the advice seems pretty solid to me.

          Comment


          • #6
            Re: Help please! County Court claim form received, no idea what to do next!

            hi it's only a suggestion,possibily the initial debt may have been passed to a collection agency?can you find out if this arrow global ltd is a debt agency or enforcement deptartment of the original [robson way lot?]
            yes main mistake was stopping paying ,however i may be wrong but a reduced payment of what you could afford paid reguarily to a company usually cannot be refused ,and can be a good defence in court proceedings,
            i'm sure if this is not the case someone will comment!
            hope this was of help rich in hull[not legally trained]

            Comment


            • #7
              Re: Help please! County Court claim form received, no idea what to do next!

              Thanks again for the replies, as far as I can tell Robinson Way and Arrow Global are not affiliated in any way, I am inclined to believe the debt has been bought, although I am not totally certain on this, my basic searching of the internet hasn't thrown any light on a link between the two anyway.

              Think I will go down the no knowledge route, would they then in the process of proving that be expected to also prove it wasn't statute barred? Or would I need to challenge that seperately if they can prove the debt is legally theirs to pursue?

              Many thanks, and apologies again for keeping firing the questions out there.

              Comment


              • #8
                Re: Help please! County Court claim form received, no idea what to do next!

                Bassically you are saying that you have no knowledge of any debt to Arrow global.

                If they have aquired a debt that they consider is owed by you, they will need to provide the agreement and any assignments that placed the debt in their posession, then they would have to show that any alleged debt was not statute barred.

                Peter
                Last edited by Mr.Peterbard; 10th March 2012, 11:32:AM.

                Comment


                • #9
                  Re: Help please! County Court claim form received, no idea what to do next!

                  Hello again all,

                  I took the earlier advice and entered a defence as above, I have received nothing further official from the courts at all, but yesterday on my doorstep my blessed postman delivered a letter from Arrow Global.

                  It reads as follows:

                  We write further to the above and enclose Notice of Change of Solicitor by way of service on you.

                  This matter is now being dealt with by our specialist litigation team.

                  Please ensure all correspondance, etc, is addressed correctly.

                  Further to receipt of your defence, dated 22/03/2012, we confirm the outstanding balance relates to a Halifax Bank of Scotland (HBOS) credit card, opened on xx/xx/2002 and defaulted on xx/xx/2007. Arrow Global purchased the outstanding balance from HBOS on xx/xx/2010 and we have been provided with the contractual name and address in relation to this debt.

                  We trust this satisfies your enquiry and look forward to receiving your payment proposal forthwith.




                  It's accompanied by a form of notice of change of solicitor, that looks like a court form, stating that Bryan Carter Solicitors has ceased to act for Arrow and they shall now be acting in person.

                  As I say, I have heard nothing back from the court at all, should I take any action on this letter, or just file it for future reference.

                  Thanks in advance for any advice

                  Constant struggle

                  Comment


                  • #10
                    Re: Help please! County Court claim form received, no idea what to do next!

                    If Bryan Carter Solicitors have been involved and are now pulling out, question everything you are told by the other side. There are other LBs who have more experience of BCS than I have and will be able to tell you how to best deal with this matter from this point forward.
                    Life is a journey on which we all travel, sometimes together, but never alone.

                    Comment

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                    NOTE: If you receive a court claim note these dates in your calendar ...
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