Court Claim - Arrow Global Guernsey Limited / RBS - 10-10-2014

[Seppa]

Received a claim? Yes
Issue Date: 10-10-2014
Amount approx: £299.00
Claimant: Arrow Global Guernsey Limited
Solicitor: DrydensFairfax Solicitors
Original Credit: RBS

Particulars of Claim:
1.The Claim is for the sum of 299.00 in respect of monies owing by the defendant on a credit agreement held by the defendant with Royal bank of Scotland under account number xxxx xxxx xxxx xxxx 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 Royal Bank of Scotland and the claimant, the claim vested in the claimant who has genuine commercial interest. The denfendant has been notified of the assignment by letter.
Contact Drydenfairfax solicitors on 0133 823 3309

Stat Barred? Yes

Have sent:

Other Info:
This account was opened in 2006 and defaulted the same year. No payments have been made since 2006. A letter was received on 11th September 14 saying; in the event we do not hear from you by the 25th September 2014, we hold instructions to issue legal proceedings with a view to obtaining a CCJ.
I did not respond to this letter an received the claim form in the post yesterday.

Any help/ advice on how I explain I believe the debt to be statute barred etc I will extremely grateful!

[Amethyst]

Re: Court Claim - Arrow Global Guernsey Limited / RBS - 10-10-2014

Was the original debt a credit card or loan or current account ?
If you are sure it is statute barred you can respond to the court claim with a simple Statute Barred Defence


Something like.


1. The Defendant has not acknowledged nor paid any part of the alleged debt in the last six (6) years.

2. Therefore the Defendant contends the debt is statute-barred under the Limitations Act 1980, Section 5.

3. Accordingly the Defendant seeks the Claimants claim to be dismissed by the court.

[Kati]

Re: Court Claim - Arrow Global Guernsey Limited / RBS - 10-10-2014

Welcome to LB Seppa I'm sure you will get lots of advice here ....

Here's what is said about court claims (http://www.legalbeagles.info/forums/...it-Court-Claim)

Firstly, don't panic.

Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

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.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.
OR
If you received a court claim and want to start a new thread in this forum please complete this form . Thank you.


And people here will help guide you through the next steps.

NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form.

http://www.timeanddate.com/date/dateadd.html

have a read through and see what can be done to start with ...

Kati xx

[Seppa]

Re: Court Claim - Arrow Global Guernsey Limited / RBS - 10-10-2014

Thank you ever so much for your replies.
The debt was for a credit card. I am confident that Statute barred but am worried that the claimant will pull rabbits out of a hat so to speak. So it is advisable to request more information from them and acknowledge the claim before/ or responding with a defence?

This is my first post but am a big fan of the legal beagles- having looked for advice from other people's posts many times before

[Amethyst]

Re: Court Claim - Arrow Global Guernsey Limited / RBS - 10-10-2014

Awww thank you and WELCOME xx

Arrow aren't as known for rabbits out of hats as Lowell, but it is wise to check your position as much as possible if you aren't 100% certain.

In which case follow the steps posted by Kati before entering your defence.

[Seppa]

Re: Court Claim - Arrow Global Guernsey Limited / RBS - 10-10-2014

Hello,
have received a response from Dryden to say it isn't in fact SB as a payment was made in March 2009- this has thrown me completely as what to do as for one I was unemployed and had absolutely no income then. £100 wouldn't have gone on a debt if I had it! i have 7 days to respond which isn't wnough time to request bank statements to prove I didn't pay.

[Seppa]

Re: Court Claim - Arrow Global Guernsey Limited / RBS - 10-10-2014

Hello,
have received a response from Dryden to say it isn't in fact SB as a payment was made in March 2009- this has thrown me completely as what to do as for one I was unemployed and had absolutely no income then. £100 wouldn't have gone on a debt if I had it! i have 7 days to respond which isn't wnough time to request bank statements to prove I didn't pay.

[Amethyst]

Re: Court Claim - Arrow Global Guernsey Limited / RBS - 10-10-2014

Well there is the rabbits in the hat then.... it is unusual for them to come up with such a large payment, as surely that's much easier to remember you didn't do than the odd £9.80.

You should try and ask your bank for a copy of the statement from the date that payment is alleged to have been made, or even just ask them if they can check for that transaction for you ?

Is it seven days till your defence is due ? or have they given you seven days in their letter ? Concentrate on the court deadlines primarily.

Have they sent you the CCA yet ?

In the Defence we'll put them to strict proof of how, where and by what method that payment was made, and to whom.

[Seppa]

Re: Court Claim - Arrow Global Guernsey Limited / RBS - 10-10-2014

Hi amethyst- thank you the swift reply!! ��
they have asked for 7 days to respond to the letter.
they haven't yet sent the CCA- should I request it again?

[Amethyst]

Re: Court Claim - Arrow Global Guernsey Limited / RBS - 10-10-2014

No, it's in your interests for them not to give it to you

[Seppa]

Re: Court Claim - Arrow Global Guernsey Limited / RBS - 10-10-2014

Ahh I see! I will check how long I have left for defence and request needed statements/proof ASAP
Can't thank you enough for easing the sickly anxious feeling that comes with these letters- if I could only go back and have a word with my younger self who welcomly took any credit thrown at her! :-/

[Amethyst]

Re: Court Claim - Arrow Global Guernsey Limited / RBS - 10-10-2014

lol, we were all there once ( hence we're all here now ) Not a problem, we're always around and will help you as much as we can xxx

[Amethyst]

Re: Court Claim - Arrow Global Guernsey Limited / RBS - 10-10-2014

Hello,
have received a response from Dryden to say it isn't in fact SB as a payment was made in March 2009- this has thrown me completely as what to do as for one I was unemployed and had absolutely no income then. £100 wouldn't have gone on a debt if I had it! i have 7 days to respond which isn't enough time to request bank statements to prove I didn't pay.

Could you post up a copy of the letter if poss

I think you should reply to it saying that you did not make any payment of £100 and ask them to give more details on by what method, to whom, and exact date the payment was made so you can refer to your records.

[Seppa]

Re: Court Claim - Arrow Global Guernsey Limited / RBS - 10-10-2014

I have attached the letter they sent. If I ask for more detail should I send it recorded?
Thank you again!

[Kafka]

Re: Court Claim - Arrow Global Guernsey Limited / RBS - 10-10-2014

A pretty standard letter and I suspect they may be bluffing and hope that you will make an agreement without challenging them.

Put them to proof of that payment as advised, and always send letters 'recorded signed for' to banks, DCAs or their solicitors.