Court Claim - arrow global limited / Egg - 13-8-2014

[Unregistered]

Received a claim? Yes
Issue Date: 13-8-2014
Amount approx:
Claimant: arrow global limited
Solicitor: Shoosmiths lop
Original Credit: Egg

Particulars of Claim:
1. The claimant's claim is for the sum of 4808.22 being monies due from the defendant to be claimed under a regulated agreement between the defendant and Egg banking PLC (no. Xxxxx) and assigned to the claimant on 28/02/2013, notice of which has been provided to the defendant.

2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974.

3. The claimant claims the sum of 4808.22

4. C has complied, as far as necessary, with the pre action conduct practice direction.
Number

Stat Barred? No

Have sent:

Other Info:
I did have a loan with egg, which was originally a credit card and loan (later consolidated). I can't be sure of the dates but believe it to be 2006/07.

I was recently abroad and missed the claim deadline.

Can someone please advise if and what I can do?

[Yangzhou]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Can anyone please help? I am already past the response date...so not sure if I can do anything, but I need to do something quickly. I've really been worried.

ive checked noddle and experience, and the debt is not showing on there.

would really be grateful if someone could advise me ASAP.

should I defend it (if it's not too late) or admit it and offer payment terms. I'm currently unemployed.

thanks

[Kati]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Hi Yangzhou,

I can't offer any advice (:sorry but I can bump your post up for you :tinysmile_twink_t2:

Kati x

[Amethyst]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Hi Yangzhou

Apologies for missing your post yesterday , and thank you to Kati for bumping it.

If the claim was dated 13th August then you had possibly till the 1st Sept to respond, might be worth giving the court a call and saying you've just returned off holiday and are sending in your acknowledgement of service today.. they might ask you to do it by email as there will be a barr on MCOL. If they say its already gone to default judgment, tell them you are going to apply to set it aside.

Your acknowledgement of service just wants to say 'intend to defend in full' - should be a tick box on the form - you don't put in any figures of a defence at this stage - getting this in will extend the time you have to defend until around 15th September so we can look a bit more at the case you can request relevant info from the claimant or organise a sensible offer to pay.

Give the COURT a call and let us know what they say and we can help you xx

REF: ive checked noddle and experien, and the debt is not showing on there. - it won't until after the claimant files for default judgment and then 28 days before it would show anywhere.

[Yangzhou]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Hi,

thanks for for bumping this kati. And thanks for responding Amethyst .

ive just checked MCOL and it says that a default judgement was issued on 4th September.

I feel really sick.

should I still call the court and explain that I've only just seen the letters/documents.

thanks

[Amethyst]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Yes give them a buzz and ask if you are too late to get your acknowledgement in, they'll ask you if you are defending, say yes, and they'll probably say you'll have to apply to set it aside, but at least they can put a note on the case.

You're on benefits so will be able to apply for set aside with fee remission (ie without having to pay).

[Amethyst]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Oh, and really try not to worry, we'll help you with all the forms and whatnot as much as we can. Once you've spoken to the court let me know and we'll go through what you know about the debt etc and put together the application for set aside.

[Yangzhou]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Hi Amethyst,

i spoke ore to someone at the court, and he confirmed that the default judgement was made yesterday.

he will be sending out papers today for me to apply to have it set aside.

im trying not to worry but I feel really sick...

[Amethyst]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Okay, what do you know about the debt ?

POC was

1. The claimant's claim is for the sum of 4808.22 being monies due from the defendant to be claimed under a regulated agreement between the defendant and Egg banking PLC (no. Xxxxx) and assigned to the claimant on 28/02/2013, notice of which has been provided to the defendant.

2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974.

3. The claimant claims the sum of 4808.22

4. C has complied, as far as necessary, with the pre action conduct practice direction.
Number

So, is it a loan or credit card ?

Do you know when the account was opened?

Do you recall when you last made payment or acknowledged the debt ?

What balance do you think it was at (have they added charges / interest ?)

Have you had letters from Arrow Global before receiving the court claim ?

Did you receive a letter telling you the debt had been defaulted by Egg ? and that it had been assigned to Arrow ?


You need to send this letter to Arrow;

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

[Yangzhou]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Hi Amethyst,

It was initially a loan and credit card which I believe was taken out in 2003/2004 and later consolidated into another loan I think between 2005-7 (such a long time ago I don't really recall).

i was making some payments a good few years ago...I'm guessing that was 2010 ...maybe before, but I can't be sure.

Balance. I'm not sure, I really lost track of all details relating to this years ago (and probably would have binned correspondence without reading)...so can't say if I received letters from arrow prior, stating default by egg, and/or assigned to them.

i received 2 letters from shoosmiths regarding this, dated 24th July 2014 and 15th august 2014.

sad for me as I was abroad from 11th July. They timed this perfectly.

thank you for the link, I will make moves to send this out ASAP.

[Amethyst]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Okay good stuff, so inception is definately pre 2007, would you still have those letters from shoosmiths ?

You don't need to wait for the paperwork from the court to apply for the set aside - the forms are the N244 and the EX160 which you can download from the HMCS site.

There's some help filling in the EX160 https://nedcab.cabmoney.org.uk/bankruptcyex160.asp

and the set aside application info is http://www.legalbeagles.info/forums/...lication-notes

[Yangzhou]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Hi Amethyst, trying to go through timelines, and it must have been 2006 when the new(est) loan was issued.

thanks for the links. My only issue is that I have just applied for JSA (since returning) so don't have a confirmation letter that I'm in receipt. I have my first appointment on Monday. Should I just declare my income as 0?

Also, so, should I print those off and send them by post? Or email. Sorry to be a pain, mind all over the place, and I'll need to go to the Internet cafe to print these off.

thank you

[Kati]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

email (save sent message) or post (recorded/signed for - costs approx £2) mean you have proof of postage :tinysmile_twink_t2:

[Amethyst]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

You can print to PDF (using something like CutePDF) and email them to the court, although you'd need to scan in evidence of benefits (but poss not an issue if you're just on £0 income due to claim being processed). There's no massive rush so lets fill in the documents and do the draft order etc we can get it sent in on Monday.

The main thing you need to do now is send off the CCA letter (so if you have to go to the library to print that letter off you could print off the n244 and ex160 while you're there )


So it was a credit card, then you took a loan to consolidate the credit card debt - and other debts / additional lending, or just the credit card turned into a loan ?

[Yangzhou]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Thanks for this.

it was initially an egg credit card and an egg loan. Was later consolidated into an egg loan (which is what this refers to).

the more I'm thinking, it may have been sometime 2007....

in case your wondering about PPI....I do remember refusing it....but then again my mind is rubbish right now.

thank you also Kati