Help with going to court Arrow global

[martin1962]

Hi all
I have bee issued court papers for Arrow Global By Roystons solicitors.
I replied back saying that i do not reconize this debt and request a copy of the credit agreement and informing them that i had also asked for a copy From Arrow Global and sent then a cheque for £1 to cover this.

I had no reply form Roystan saying that basically i owed the payment and they sent a payment of earnigs form. So i phoned them up and told them were to go as there client has no claim and they said they will be proceding the court papers. So i said see you in court.

I then recieved the court papers and returned with a defence saying that their claim was Illegal as they had no Credit agreement with my signature on it as as such cannot be inforced under the credit agreement act of 1978

The next thing i had was a letter from the court saying that Arrow had 4 Weeks to put there claim to the court or the claim would be marked as stayed.Well after 8 weeks i goy a reply from the court saying that a date will be set and i would recieve this at a later date.

To date i have still not recieved the copy of any credit agreement and the cheque has not been cashed or returned.
what i need to know is now that court proceedings are imminent what would i need to do in court to get accross to the judge that this money is not owed and should be recrded asthis.

The last Payment i made to this account was Aug 2008 so its just out side any SB and i dont know if i can drag and apperance out till after this point so that it becomes SB.

HELP PLEASE:tinysmile_cry_t:

[FlamingParrot]

Re: Help with going to court Arrow global

First of all, welcome to LB

Hi all
I have bee issued court papers for Arrow Global By Roystons solicitors.

Do you mean Restons? :confused2:

I replied back saying that i do not reconize this debt and request a copy of the credit agreement and informing them that i had also asked for a copy From Arrow Global and sent then a cheque for £1 to cover this.

I had no reply form Roystan saying that basically i owed the payment and they sent a payment of earnigs form. So i phoned them up and told them were to go as there client has no claim and they said they will be proceding the court papers. So i said see you in court.

I then recieved the court papers and returned with a defence saying that their claim was Illegal as they had no Credit agreement with my signature on it as as such cannot be inforced under the credit agreement act of 1978

When you say you don't recognise the debt, are they suing you for an alleged debt you never had? Or is your argument that they failed to respond to your request under s.78 of the CCA?

The next thing i had was a letter from the court saying that Arrow had 4 Weeks to put there claim to the court or the claim would be marked as stayed.Well after 8 weeks i goy a reply from the court saying that a date will be set and i would recieve this at a later date.

To date i have still not recieved the copy of any credit agreement and the cheque has not been cashed or returned.
what i need to know is now that court proceedings are imminent what would i need to do in court to get accross to the judge that this money is not owed and should be recrded asthis.

The last Payment i made to this account was Aug 2008

There seems to be a bit of confusion here. If you made a payment into the account in Aug 2008, that would mean this is, in fact, your debt and I can only assume the money is owed, so it's not going to be a good argument to say it isn't. The argument seems to be their failure to supply you with a copy of the alleged agreement, which is different from not owing the money because they either got the wrong person or the debt has been paid.

so its just out side any SB and i dont know if i can drag and apperance out till after this point so that it becomes SB.

HELP PLEASE:tinysmile_cry_t:

Sadly not, since proceedings were issued BEFORE the debt was SBd, the clock was reset at the time they were issued.

[martin1962]

Re: Help with going to court Arrow global

First of all, welcome to LB
Do you mean Restons? :confused2:
When you say you don't recognise the debt, are they suing you for an alleged debt you never had? Or is your argument that they failed to respond to your request under s.78 of the CCA?

There seems to be a bit of confusion here. If you made a payment into the account in Aug 2008, that would mean this is, in fact, your debt and I can only assume the money is owed, so it's not going to be a good argument to say it isn't. The argument seems to be their failure to supply you with a copy of the alleged agreement, which is different from not owing the money because they either got the wrong person or the debt has been paid.


Sadly not, since proceedings were issued BEFORE the debt was SBd, the clock was reset at the time they were issued.

Hi Sorry
Yes Restons
My Agreement was with MBNA and not Arrow Global

[FlamingParrot]

Re: Help with going to court Arrow global

Hi Sorry
Yes Restons
My Agreement was with MBNA and not Arrow Global

Indeed it would have been, since Arrow Global do not issue credit cards. They are debt purchasers who would have bought your account from MBNA along with 1000s of others (except mine for some mysterious reason :confused2.

You would have received a notice of assignment when the debt was sold. If not, you could have used this in your defence, to challenge their right to collect this debt rather than the existence of the debt as such.

Was this an MBNA card to start with or one they bought from another lender? (mine was originally an old A&L card) How old is this card and what's the amount claimed?