Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

[gazza141]

Received a claim? Yes
Issue Date: 15-9-2014
Amount approx: 4900
Claimant: arrow global ltd
Solicitor: wikin chapman
Original Credit: sainsburys bank plc

Particulars of Claim:
the claimants claims for 4651.51 being monies due from the claimant in respect of a regulated loan agreement between the defendant and sainsburys bank plc and assigned to the claimant on 23 4 2013 notice of which as been provided to the defendant .the defendant has failed to make payments in accordance with the agreement and a default notice has been served pursuant to the consumer credit act 1974 the claimant claims the sum of 4651.51

Stat Barred? No

Have sent:

Other Info: lost my job 4 years ago and could not pay any more my wife payed a small amount in a payment plan back in 2011 but stopped that after money came even tighter
i really don't want a ccj at moment so any advise what to do would be really helpful . i took out the loan in april 2007 for 6700 and according to my credit report i defaulted in march 2010 why I've only paid of 2000 in 3 years i don't no

[FlamingParrot]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

Hi and welcome

Would be useful if you could type up the particulars of claim (the text in the box headed as such, 4th box down the left side of the claim form).

Any idea when you took out the loan? When was the last payment made?

This thread tells you all the steps you need to take to deal with the claim: http://www.legalbeagles.info/forums/...it-Court-Claim. Have a read and post up any questions you have. :typing:

[gazza141]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

Good afternoon everyone
Right a couple of questions be for i fill in my court papers.
whats my chances of getting a successful outcome from contesting this claim.
if i were to lose ( god forbid ) could they ask me to pay the amount in full.
i need to extend my mortgage next year very poor endowment policy but thats a different matter, so i can't afford any ccjs on my file.
i really want to take them on on this,but want to balance the risk involved with what i could stand to lose.
Thanks in advance to everyone for there help so far.

[gazza141]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

hi everyone decide to defend the claim against me have filedl in the claim form, would you send it recorders delivery or just regular post, also is it worth doing online as a double measure

[Kafka]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

You need to provide all the info asked for before anyone can advise on prospects or actions really, because each case is different.

[gazza141]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

hi all I've just found out that the loan start date was 26/04/2007
and default date is 05/03/2010 thats according to my credit report
ive also added POC to my first post

[Kafka]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

The agreement date falls just after the new Act took effect on 5th April 2007. This means that the lack of a valid agreement can't be used in the same way it can be before that date.

You might be able to challenge the default procedure or the assignment, but basically your main route to challenge the agreement won't apply. You can also counterclaim for charges applied and that can reduce some amount.

[FlamingParrot]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

Good afternoon everyone
Right a couple of questions be for i fill in my court papers.
whats my chances of getting a successful outcome from contesting this claim.

On what basis would you contest it?

if i were to lose ( god forbid ) could they ask me to pay the amount in full.

They could if the judgment was forthwith, however, you could apply for a redetermination or a variation of the terms of the judgment, supplying the court with an income and expenditure form showing how much you could realistically afford to pay every month. Most people pay a lot less towards a CCJ than their contractual payments, i.e. the monthly loan installments or minimum payments on a credit card. Some pay as little as £1/month if that's all they can afford. :thumb:

i need to extend my mortgage next year very poor endowment policy but thats a different matter, so i can't afford any ccjs on my file.
i really want to take them on on this,but want to balance the risk involved with what i could stand to lose.
Thanks in advance to everyone for there help so far.

A Tomlin Order is a good way of avoiding a CCJ, it stays the proceedings as long as you keep to the terms of the order. You just have to make sure you can afford the agreed amount in the long term because it can be very hard to vary the terms of the order.

[gazza141]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

ok
so any advise what route to go down now would be much appricated .

[FlamingParrot]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

Have you sent the CCA and CPR request letters?

As you have a total of 33 days from date on claim to submit a defence, you need to see what documents they come up with. They should respond to the CCA request in 14 days and the CPR request in 7 days. If they don't, you need to chase the CPR request and ask them to agree to an extension of up to 28 days. If they don't respond to your CCA request, you don't chase that but you can use that in your defence. You need to follow the process and take it one step at a time. :thumb:

Keep posting up when you hear from them (or don't as the case may be). :typing:

[gazza141]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

will keep you posted with developments.

[FlamingParrot]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

will keep you posted with developments.

Just make sure you keep an eye on the timescales, if they don't respond to the CPR request, as soon as the 7 days are up, send them an email, then follow up with a phone call. This is the time to break the 'all in writing' rule for the sake of speed. If they can't come up with the documents, ask them to agree to an extension, CPR 15.5 allows up to 28 days to be agreed between the parties. You can quote that back to them. :thumb:

[gazza141]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

hi everyone
got a reply from wikin chapman today for crp request nothing back from arrow global 3rd letter ready to go
as follows

we write to your undated letter and can confirm that we will request a copy of the agreement,default notice and statements from our client. however please note that our client will have to refer to the originating creditor for these documents it can take up to six weeks to obtain these.

therefore we agree to a extension of 14 days from the date of service of the documents upon you for you to file a defence

we can confirm that we contact you once the documents have been revived.



so are they agreeing to additional 14 days on top of 28 days and how should i enter my defence.

[Kafka]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

What is the new deadline for submission of the defence? Cheeky to offer 14 when the requirement is 28.

This is all good because they have to send off for the documentation they should already have before they start legal action. As the agreement falls under the new Act there's a good chance that the paperwork does survive, so we need to see what they produce. If it's all there then you can't contest and w will look at seeking a Tomlin Order for repayment, which avoids the CCJ. A waiting game now, but start thinking of defence points if they can't stump up.

[Amethyst]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

They have actually agreed to 14 days from when you receive the documents, but that isn't a thing, so you need to go back to them and tell them that under CPR 15.5 the maximum extension agreeable between parties is 28 days from the date the defence is due and should they not get together the documents within that timescale they should consider withdrawing the case from the courts as you WILL be defending and MAY consider at that point requesting the court strike out their claim as an abuse of process.


Once you have agreement of extension of 28 days You need to tell the court in writing that an extension has been agreed between the parties under CPR 15.5.