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The background is my husband at a loan with Egg
in 2005 and stopped paying fully in 2007. He went into a debt repayment plan and was paying £1 per month and stopped that in 2010. Last £1 payment made in May 2010.
Claim form arrived dated 27th May 2014 from Restons Solicitors on behalf of Arrow Global. He's never received any correspondence from either of them. Particulars are extremely brief:
"The Claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about 15/08/2005 in the sum of £3xxx.xx
PARTICULARS a/c no: 1xxxxxxxxx
DATE ITEM VALUE
10/07/13 Default balance 3xxx.xx
Post Refrl Cr NIL
Total:- 3xxx.xx"
My issues are this:
1. The POC need to be 'clear and concise."
2. There is no definition of Contract and the parties to this Contract
3. It does not state the right of Arrow to bring this claim against my husband i.e. no mention that the debt was assigned to them
4. The loan itself came off his credit file in May this year
5. The reference is not an Egg reference, it is Arrow's reference
I made a CPR 31.14 request and they sent me the CCA Agreement dated 8th August 2005 and two statements of accounts. Incidentally, the balance in the Statement of Account is over £100 stated in their POC. I'd also requested a copy of a Default Notice, assignment and formal demand but this was refused as they were not 'mentioned' in their extremely brief POC....
I used your template CPR part 18 letter for further information and this is their response:
"As you should be aware, PD 18 (1.2) states:
'A Request should be concise and strictly confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case or to understand the case he has to meet.'
The list of information you have requested is extensive and we fail to see how this is 'reasonably necessary' or 'proportionate' and how provision of the information will assist you in preparing your case or understanding the case you have to meet.
We therefore invite you to provide full details of why you require the information you have asked for and how you expect this to assist you in preparing/understanding the case.
Furthermore, in our view your request does not provide a reasonable timeframe for a response to be given.
In any event, on a voluntary basis we will state the following:
1. We are unable to confirm whether a Default Notice was previously served on you and if so, what information was contained in that notice. However, we can confirm that a Default Notice is only required to be served where a creditor wishes to claim early repayment of a debt. In this case you signed a Credit Agreement on 8th August 2005 and you agreed to repay the amount loaned (together with interest) within 72 months. As you failed to do that, the Claimant was well within its rights to issue proceedings for the full outstanding balance and does not need to rely on a Default Notice. ****IS THIS CORRECT??? I THOUGHT THAT THEY NEEDED TO ISSUE DEFAULT NOTICES WHEN THE BORROWER HAD DEFAULTED. PLEASE COULD SOMEBODY CLARIFY??***
2. The account which is the subject of these proceedings was assigned to our Client on 28th February 2013 and a Notice of Assignment would have been served on you in accordance with our Client's standard procedure **NEVER RECEIVED AND THIS DOES NOT ANSWER THE QUESTION. PROVE THAT A NOTICE WAS SERVED!!!****
I have to file my defence by 28th June. I want to state that the POC are not clear and concise and are ambiguous; they've not provided any evidence that they are entitled to reclaim this money; no default notice had been issued so what is the relevance of the date in the POC; he's received no prior correspondence from Arrow or Restons and the debt is no longer on his credit file. I want to invite the court to strike out the claim. Would this be a sufficient defence and can anybody suggest anything else???
Many thanks
in 2005 and stopped paying fully in 2007. He went into a debt repayment plan and was paying £1 per month and stopped that in 2010. Last £1 payment made in May 2010.Claim form arrived dated 27th May 2014 from Restons Solicitors on behalf of Arrow Global. He's never received any correspondence from either of them. Particulars are extremely brief:
"The Claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about 15/08/2005 in the sum of £3xxx.xx
PARTICULARS a/c no: 1xxxxxxxxx
DATE ITEM VALUE
10/07/13 Default balance 3xxx.xx
Post Refrl Cr NIL
Total:- 3xxx.xx"
My issues are this:
1. The POC
need to be 'clear and concise." 2. There is no definition of Contract and the parties to this Contract
3. It does not state the right of Arrow to bring this claim against my husband i.e. no mention that the debt was assigned to them
4. The loan itself came off his credit file in May this year
5. The reference is not an Egg reference, it is Arrow's reference
I made a CPR 31.14 request and they sent me the CCA Agreement dated 8th August 2005 and two statements of accounts. Incidentally, the balance in the Statement of Account is over £100 stated in their POC. I'd also requested a copy of a Default Notice, assignment and formal demand but this was refused as they were not 'mentioned' in their extremely brief POC....
I used your template CPR part 18
letter for further information and this is their response:"As you should be aware, PD 18 (1.2) states:
'A Request should be concise and strictly confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case or to understand the case he has to meet.'
The list of information you have requested is extensive and we fail to see how this is 'reasonably necessary' or 'proportionate' and how provision of the information will assist you in preparing your case or understanding the case you have to meet.
We therefore invite you to provide full details of why you require the information you have asked for and how you expect this to assist you in preparing/understanding the case.
Furthermore, in our view your request does not provide a reasonable timeframe for a response to be given.
In any event, on a voluntary basis we will state the following:
1. We are unable to confirm whether a Default Notice was previously served on you and if so, what information was contained in that notice. However, we can confirm that a Default Notice is only required to be served where a creditor wishes to claim early repayment of a debt. In this case you signed a Credit Agreement on 8th August 2005 and you agreed to repay the amount loaned (together with interest
) within 72 months. As you failed to do that, the Claimant was well within its rights to issue proceedings for the full outstanding balance and does not need to rely on a Default Notice. ****IS THIS CORRECT??? I THOUGHT THAT THEY NEEDED TO ISSUE DEFAULT NOTICES WHEN THE BORROWER HAD DEFAULTED. PLEASE COULD SOMEBODY CLARIFY??***2. The account which is the subject of these proceedings was assigned to our Client on 28th February 2013 and a Notice of Assignment would have been served on you in accordance with our Client's standard procedure **NEVER RECEIVED AND THIS DOES NOT ANSWER THE QUESTION. PROVE THAT A NOTICE WAS SERVED!!!****
I have to file my defence by 28th June. I want to state that the POC are not clear and concise and are ambiguous; they've not provided any evidence that they are entitled to reclaim this money; no default notice had been issued so what is the relevance of the date in the POC; he's received no prior correspondence from Arrow or Restons and the debt is no longer on his credit file. I want to invite the court to strike out the claim. Would this be a sufficient defence and can anybody suggest anything else???
Many thanks
