CCBC claim form received from DRYSDENSFAIRFAX

[SAMSUNG]

Ok hello everyone hope you can help me.

Today (19/6/14) I received a claim form from Northampton County Court Business Centre, the Claimant is Arrow Global Guernsey Limited and the issue date Is 16/6/2014. The particulars of the claim are as follows :

1. The claim is for the sum of £800 (ish) in respect of monies owing by the defendant on a credit agreement held by the defendant with Phoenix Recoveries (UK) under account number C****### upon which the defendant failed to maintain payments.

2. A default notice was served upon the defendant and has not been complied with.

3. By virtue of a sale agreement between Phoenix Recoveries (UK) and the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.

Firstly i am not sure who the original debt was with and i believe Arrow Global & Phoenix Recoveries are just DCA's. Secondly I have not acknowledged or paid any of my alleged debts since early 2008 though I have no records or dates of when last contact was made. At the time i was unemployed and believe i made some payments . So i am hoping this debt may be statute barred but i am not sure and don't know how to find out.

So far i am thinking of following the basic first steps as shown on this site i.e 1. Acknowledge the claim 2. Send a CCA request to the claimant (Arrow Global) 3. Send a CPR request to the claimants solicitors (Drydenfairfax)

Due to being at work and not having a printer i will not really be able to send these until Tuesday will this time delay be an issue?

After looking through google all day it seems many of these cases seem to get quite complicated and i must say i am worried this could spiral out of control until i am well and truly out of my depth.

Anyway if anybody could have a look and tell me what you think it would be very much appreciated.

[Amethyst]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Hi Samsung, Welcome to the forum xx

Yes Phoenix recoveries are a DCA and they would have bought the debt of someone else, possibly the original creditor before this. As you truly don't know what the debt is, and there's nothing in the claim to give you any clue, then yes sending a CCA request and a CPR 31.14 request is a very good idea. CPR request you can ask for the credit agreement, default notice and assignment.

Sending Tuesday will be fine, get the acknowledgement done today/tmw and then you will have to the 16th July or thereabouts to get a defence or application in.

Don't worry we'll be with you all the way and won't let it spiral out of control - just keep on top of the timings and let us know anything you hear from court or claimants asap (ie don't leave it to the last minute) xx

So basic questions,

do you recognise the account number at all?
have you had letters that you recall off of Phoenix recoveries or Arrow or drydens fairfax before now?
does this debt appear on your credit file ? (or any debt around the £800 mark)
do you own your own home?
what level of other debts are you looking at?
would you be able to afford to settle this or make instalment payments?
would having a CCJ affect you work wise / financially etc (sounds like your credit file is already pretty bad but a CCJ is never nice)?

Just so we have a better picture of your circumstances which might be useful as we go through the claim.

Its a good start though that the claimant don't even say where the debt originated so I wouldn't stress too much.

[SAMSUNG]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Hi, thanks for the reply. I don't recognise the account but to be honest I did end up with a few debts probably totaling £5K or so when i had to give up my job in 2007 due to my partner being ill. I did at first want to come to an arrangement with them that's why i sent letters with payments, I actually make a payment to one dca of £10 a month which i have been paying for years and i don't even know what thats for. Over the last few years i have received letters from many many different places and was starting to think if they are actually going to do anything why haven't they?

I checked my credit file today (experian) and it is clear, the only things i can see are my 2 current bank accounts.
I have no savings so it would be hard to settle it but i probably could make instalment payments if they were reasonable.
A CCJ would not really be a problem but it would be nice to keep my credit file clean for a while seeming as everything has dropped off now.

[Amethyst]

Re: CCBC claim form received from DRYSDENSFAIRFAX

''I actually make a payment to one dca of £10 a month which i have been paying for years and i don't even know what thats for.'' I used to have a few things like that, just random money vanishing every month we'll have a look at that once this court claims sorted out if you want.

Sounds like a priority is keeping the CCJ off your credit file as you've done so well to clear it. I'd get those letters off next week, see what responses you get, and suss out a income and expenditure form just incase the unlikely happens and they can validate the claims so you know what you can go in with if you need to negotiate to avoid the CCJ. Probably it is coming up to being statute barred (if it isn't already) and thats usually the point when dca's start chucking court claims about the place without having much in the way of evidence to back up their claim.

I'll have a scout about see what kinds of debts end up going through phoenix. (quick look they arent very picky - HSBC / Natwest credit cards / HFC cards/ Littlewoods catalogue etc)

[SAMSUNG]

Re: CCBC claim form received from DRYSDENSFAIRFAX

So who do i make the CCA request to ? Phoenix Recoveries or Arrow Global Guernsey? Arrow Global are listed as the claimant at the top of the form. Same question with the CPR31.14 who does this go to?

Also on the template on the cpr31.14 which of the green options am i asking for? Sorry but this is going to be hard work for me and i really appreciate any help you give me.

[Amethyst]

Re: CCBC claim form received from DRYSDENSFAIRFAX

CCA will go to the claimant ( ARROW ) and the CPr request will go to the solicitors (DRYDENS)


Ask for the Credit Agreement, Default Notice and Assignment as those are what is mentioned in the claim.

[Amethyst]

Re: CCBC claim form received from DRYSDENSFAIRFAX

1. Agreement / Contract
2. Default Notice
3. Assignment

[FlamingParrot]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Today (19/6/14) I received a claim form from Northampton County Court Business Centre, the Claimant is Arrow Global Guernsey Limited and the issue date Is 16/6/2014. The particulars of the claim are as follows :

1. The claim is for the sum of £800 (ish) in respect of monies owing by the defendant on a credit agreement held by the defendant with Phoenix Recoveries (UK) under account number C****### upon which the defendant failed to maintain payments.

A technical point here if I may: the defendant wouldn't have held a credit agreement with Phoenix Recoveries, since Phoenix are not a bank/lender/credit card company or any other kind of credit provider, they are just a debt purchaser, therefore the defendant wouldn't have entered into any sort of credit agreement with Phoenix. :nono:

[Amethyst]

Re: CCBC claim form received from DRYSDENSFAIRFAX

lol, yes that has been established xx

[SAMSUNG]

Re: CCBC claim form received from DRYSDENSFAIRFAX

If I never had a credit agreement with phoenix then how could i have defaulted? Would errors like this potentially help my cause?

[Celestine]

Re: CCBC claim form received from DRYSDENSFAIRFAX

They're going to have to replead that claim as they have not identified the original creditor. Big problem for them there......

[SAMSUNG]

Re: CCBC claim form received from DRYSDENSFAIRFAX

So for now though i should just carry on as i was? Thanks for your reply.

[Amethyst]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Yip as you were. See what response if anything we get from the CPR and CCA requests - we can then defend or apply depending what they do in response to the letters.

[SAMSUNG]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Hi just doing my letters, on the CPR31.14 request one what date should i put for filing my defence on? The issue date for the claim is 16 june and i have submitted my AOS. My reckoning is that it would be the 19th july but this is a saturday or does that even matter. Thanks in advance.

[SAMSUNG]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Can anybody help with the above please?