smith v llyods black horse and arrow global limited belveder

[smith]

Re: smith v llyods black horse and arrow global limited belveder

haveing this problem with a few debts

THE ACCOUNT WAS in dispute befor llyods black horse sold the account to arrow

[smith]

Re: smith v llyods black horse and arrow global limited belveder

fenton cooper

we refer to your recent correspondence ,the content of which has been noted



we enclose a copy of the original agreementas requested in your letter quoting section 77-79 of the consumer credit act 1974 satisfying our obligation..THE DEED OF ASSIGNMENT IS A PRIVATE AND CONFIDENTAILDOCUMENT BETWEEN THE VENDOR,PURCHESER &ANY FINANCEIRS WHO MAYBE INVOLVED IN THE SALE & CONSEQUENTLY YOU ARE NOT ENTITLED TO RECEIVE A COPY OF THE ORIGINAL DOCUMENT .YOU WERE INFORMED OF THE SALE OF THIS ACCOUNT BY MEANS OF LETTER DATED 9 TH NOVEMBER 2006 FROM ROCKWELL DEBT COLLECTION AGENCY & VENDORS THIS COMPLIES WITH THE CURRENT UK LEGISLATION ...


WE THEREFORE REQUIRE YOUR FIRM PROPOSALS FOR REPAYMENT TO BE RECEIVED BY 28 NOVEMBER 2008 IF FURTHER RECOVEY ACTION IS TO BE AVOIDED

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
MY INPUT

BLACK HORSE WAS A £16,000 LOAN WHAT I SIGNED FOR ...COOLING OF PERIOD ID CHANGED MY MIND AND CANCELLED IT.BUT THEY PAID £1000 FROM THE £16,000 INTO PARTNERS ACCOUNT TO CLEAR HER OVERDRAFT ACCOUNT AS THEY SAID THEY COULD DO THIS .....SO NOW THERE CHASEING ME FOR THE £1000, THEY HAD OVER £300 IN PAYMENTS FROM MY ACCOUNT MY DEBT MANAGMENT PROGRAM ABOUT £400...WHICH WAS NEVER CREDITED TO THE ACCOUNT
THEY ARE CHASEING ME FOR THE FULL AMOUNT YET AGAIN ..LETTER AFTER LETTER CHARGES ON TOP £500 CHARGES

THE CREDIT AGREEMENT THEY SENT ME

STATES THE £1000 PLUSS CREDIT CHARGE £549

AND STATES THE LOAN MUST TO PURCHASE A MOTOR VEHICLE ( BUT I DONT DRIVE NOR HOLD A LICENCE LOL ) PLUS MENTIONS CONSUMER CREDIT ACT 1974 & THE TIME SHARE ACT 1992

PLUS WERE WE SIGNED FOR THE £16000 THE SIGNURES HAVE BEEN ADDED TO THE BOGUS AGREEMENT AND TO PPI AS I TOLD THEM I DIDNT NOT NEED IT DUE TO LONG TERM SICK AND MENTAL HEALTH PROBS AS I COULD NEVER CLAIM ON IT NEVER GOT A AGREMENT

[gravytrain]

Re: smith v llyods black horse and arrow global limited belveder

When exactly was the loan taken out and for what period.

Can you say when your last payment on the DMP was.

Have you commenced a claim for the Mis-sold PPI

Is it possible to scan the agreement and let us have a look, removing any personal information.

[smith]

Re: smith v llyods black horse and arrow global limited belveder

When exactly was the loan taken out and for what period.

Can you say when your last payment on the DMP was.

Have you commenced a claim for the Mis-sold PPI

Is it possible to scan the agreement and let us have a look, removing any personal information.

last payment to dmp was 0ctober 206

miss sold ppi no

like i said they never sent an agreement

the money was an advance to £16,000 that we never took in the end after cool of poeriod

[gravytrain]

Re: smith v llyods black horse and arrow global limited belveder

like i said they never sent an agreement

In post 24 you say, "the credit agreement they sent me" i take it this was a response to the section 77 request. Do you have this ?

[smith]

Re: smith v llyods black horse and arrow global limited belveder

In post 24 you say, "the credit agreement they sent me" i take it this was a response to the section 77 request. Do you have this ?

never got the credit agreement we signed the loan was aproved signed it lloyds black horse said the paper work would be ready after the cool of period ,,,but we cancled due terms condtions had changed


like i said the loan was for £16k they paid a £1000 of it to clear a overdraft then after cool we canclled

[ostell]

Re: smith v llyods black horse and arrow global limited belveder

It looks like contact had been made by the OP about the loan in 2008. Depends very much on what was admitted as to whether the amount is Statute Barred.

Been through this with my daughter several years ago. She contacted the collection company but luckily they didn't seem to recollect that when I refuted the debt because it was Statute Barred. Funnily enough it was a debt from Lloyds Bank.

[smith]

Re: smith v llyods black horse and arrow global limited belveder

It looks like contact had been made by the OP about the loan in 2008. Depends very much on what was admitted as to whether the amount is Statute Barred.

Been through this with my daughter several years ago. She contacted the collection company but luckily they didn't seem to recollect that when I refuted the debt because it was Statute Barred. Funnily enough it was a debt from Lloyds Bank.

when debt collectors had the i would send them cca they back of send back to lloyds black horse

i have had no contact with arrow globl what so ever

and i have not admitted any thing

[gravytrain]

Re: smith v llyods black horse and arrow global limited belveder

OK we need to know if they did or did not respond to the section 77 request by sending you a copy agreement, as this would be one aspect of your defense.

We also need to know if the loan has run its term, as if it has there is no need for a default notice.

Also we need to know the term of the loan because if it was taken out in 2005 and was for 5 years, and not defaulted, the statute barr COA would not occur until 2010.

[smith]

Re: smith v llyods black horse and arrow global limited belveder

OK we need to know if they did or did not respond to the section 77 request by sending you a copy agreement, as this would be one aspect of your defense.

We also need to know if the loan has run its term, as if it has there is no need for a default notice.

Also we need to know the term of the loan because if it was taken out in 2005 and was for 5 years, and not defaulted, the statute barr COA would not occur until 2010.

no copy of a credit agreement was never sent by llyods black horse or arrow

the loan of 16k we never accepted it .. but lloyds paid 1k in advance into our account of the 16k after cool off period we never took the 16k loan... loyds wanted the 1k back we agreed to pay 50 month over phone paid 300 back pluss dmp payments i asked for a credit agreement they never sent 1..so the 1k was never a loan only an advance from 16k

never paid any thing on since october 206

[gravytrain]

Re: smith v llyods black horse and arrow global limited belveder

Sorry but just to be clear. You applied for a loan with your bank.

Then you changed your mind, but the bank decided to pay off your overdraft and close your current account.

They then agreed a payment plan to repay the loan(overdraft) and when you defaulted the commenced proceedings.

You requested a copy of any agreement and they sent you nothing.

Is this correct.

[smith]

Re: smith v llyods black horse and arrow global limited belveder

Sorry but just to be clear. You applied for a loan with your bank.

Then you changed your mind, but the bank decided to pay off your overdraft and close your current account.

They then agreed a payment plan to repay the loan(overdraft) and when you defaulted the commenced proceedings.

You requested a copy of any agreement and they sent you nothing.

Is this correct.

they never closed my account
the account

the rest yes
the account as been in dispute from 206
loyds not commenced proceedings.(arrow global have commenced proceedings after all them years

[smith]

Re: smith v llyods black horse and arrow global limited belveder



shall i just put this in defence or any better ideas advise needed


1. The Claimant's claim was issued on (date).

2. The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that theDefendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

3. The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

Signed:

[smith]

Re: smith v llyods black horse and arrow global limited belveder

shall i just put this in defence or any better ideas advise needed


1. The Claimant's claim was issued on (date).

2. The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that theDefendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

3. The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

Signed:

[Sparkie1723]

Re: smith v llyods black horse and arrow global limited belveder

I would include in your Defence that should your submission of the Limitations barr be disputed that the Court Order that

1. a copy of the purported deed of assignment appertaining to you debt be provided
2. That theClaimant be put to strict proof it is included in the Master deed of assignment
3 That the Court order compliance of your SDAR
4. That the Court Order the production of the CCA agreement appertaining to the purported debt.
5. that the court grant you further time to prepare a full and proper Defence on receipt of said proof of purported deed of assignment and CCA agreement.
They can't just say it was assigned to them and not be able to prove it.

JUst my suggestions I'm not a lawyer.

Sparkie