Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

[nemesis45]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

A document/agreement provided under a CCA request should not be redacted or altered in any way.

[christinez]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

This is what I have just emailed them:

Having studied the attached documents. It states that I have read and agreed to the conditions of use, however, there are no conditions of use with the agreement and these conditions form part of the agreement. Can you confirm where the IMPORTANT FINANCIAL INFORMATION comes from as it does not look like it goes with this agreement. Can you also provide me with the latest terms as varied and a signed statement of account in order to fulfil your obligations under the Consumer Credit Act. And as per my previous email, a copy of the Default that has not been redacted and applies to me.


Please provide this information within seven days.


Regards
Christine

Are they likely to do anything at court that I need to keep eye on. The person that I spoke to at the court said they could get the stay lifted and not send me the paperwork and then get a judgement against me without me knowing. Now they have come up with some documents I am getting a bit worried?
Thanks for your help.
Christine

[christinez]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Hi Amethyst,

Just had this via email:

Dear Madam

Many thanks for your e-mails of even date, the contents of which are noted.

The documentation for which you require copies of/and or clarification has been requested and will be provided to you as expeditiously as possible.

We thank you for your assistance and patience to date.

Yours sincerely

Hayley Browne
Trainee Legal Executive
Wilkin Chapman LLP

[Amethyst]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Goodness knows who you spoke to at the court, you have entered a defence so no they need to apply and continue the claim from entering the defence, I suppose it could happen without you knowing but I very much doubt it. Just ring the court every week or so to check if you are worried.

That response from Wilkins chapman sounds fine If you get nothing within seven days and they havent applied to carry on then I think we should ask for a strike.

[christinez]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Hi Amethyst, I have received this today from Arrow G:

Dear Madam

Further to your previous requests for information, please find attached copies of your credit card statements attached.

The additional information requested will be sent to you in due course.

Yours sincerely

Attached is a bunch of statements from 2004-2010 The credit limit keeps going up, which I never once asked for and at one point the card is cleared and then a balance transfer. Which I don't recall, and no further spending. Can I send these to you without posting them up, too many to take all me details off?
Thanks
Christine

[christinez]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

bump

[Amethyst]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

The card being cleared and balance transfer may have been where they defaulted your account and passed it to debt collection.

The credit limit going up without your agreement/knowledge was an okay practice pre 2010 so although there is an argument its wouldn't be a strong enough argument to defend the debt,

The main thing we want is the rest of the CCA. Just keep hold of the statements in a file, you can go through and pick out any charges that are over £12 as they may be refundable if we have to go to negotiation/admission. Also check if there's any PPI showing on them.

The court claim is still on hold ??

[christinez]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Hi Amethyst,
The information I have asked for has gone over seven days and they have still not provided the default notice. Should I go ahead and write to the court and ask if they will strike it out. Can you give me some idea of points that I should include in the letter?
Thanks
Christine :beagle:

[christinez]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Bump

[Amethyst]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Hi Christine, They haven't replied at all then. The court will probably ask you to put in a formal application but I still feel writing first is a good idea. A formal app costs £155 which is why I'm loathe to go straight for that rather than writing first.

Just needs to be a simple

Dear Court Manager

Claim No. XXXXXX Arrow Global v CHRISTINEZ

I am writing to request the court considers striking out the above claim. I entered my defence in the case on XXXXXXXX and the claimant was to respond before XXXXXXX else the claim would be stayed. The claim is now stayed and despite further requests to the claimant's and their solicitors I have still not received a copy of the original credit agreement, default notice or any notice of assignment. In the absence of proper information, the Claimant was unable at the time of issue to formulate a claim against me and has issued the claim in an attempt to prevent the limitation period expiring. The claim is therefore an abuse of process.

If the court requires me to file a formal application please could you let me know and forward me the relevant form.
Kind regards
Christinez

[christinez]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Hi Amethyst,

Thank you for that, I have received a copy of the agreement but as you said it didn't all look as if it went together, a redacted default notice and no notice of assignment. So I will just say that I have not received all the requested documents. Thank you for your help so far and I'll let you know what I get back from the court.
Thanks Christine:beagle:

[christinez]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Hi Amethyst
After receiving a letter from the court I called to see if they had heard anything off Arrow, no they haven't not anything. They told me it would be £155 to apply to get it struck out. As there is not guarantee and also the fact that the claimant can appeal and I could still end up back in court. I am thinking that I might just be better off seeing if arrow take it any further and dealing with this if they do ask the court to lift the stay? I don't have £155 to waste if I still end up in front of the judge anyway?

Do you think that is the right thing to do? I think if I knew that spending £155 would mean the end of it and they couldn't take me to court over it again it would be different.

Regards
Christine

[christinez]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Hi,

So nearly a year down the line and I have received the following from Arrow Global. I thought that they had to come up with the original document if it was before '06 am I wrong?

Also this account will be state barred in January 2016. I notice that they haven't put any court numbers on the letter. Shall I just ignore it as it and see what happens?

Thanks
Christine

[FlamingParrot]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

So nearly a year down the line and I have received the following from Arrow Global. I thought that they had to come up with the original document if it was before '06 am I wrong?

There is nothing significant about 2006 with regards to original documents. You may be thinking about s.127(3) of the CCA, repealed with effect from April 2007, which prevents a court from enforcing an account unless there was a properly executed agreement with all the prescribed terms to start with. That had nothing to do with supplying an original document in response to a CCA request, which is covered under ss.77-79 of the CCA and those have not changed.

On Carey v HSBC it was established that a reconstituted agreement was enough to satisfy a request under those sections, and that does apply retrospectively to accounts of any age. That's what their paragraph about the High Court ruling refers to.

Having said that, if that page is all there is, then there's no way that can be even remotely referred to as an 'agreement' :flypig: :flypig: since it's just a page with your personal details, there are no terms and conditions whatsoever. If that's all you were presented with at the time you signed that application form and there were no terms anywhere, it would be irredeemably unenforceable under s.127(3) of the CCA mentioned above, being from 2004 that section would still apply. :whoo:

It doesn't satisfy s.78 either since it can hardly be considered even a 'recon', unless there's more you haven't posted. :confused2:

I also notice that Arrow's letter is dated September 2015, yet it still makes reference to the Office of Fair Trading (OFT)! :eyebrows: Since the OFT ceased to exist with effect from April 2014, whatever they may have deemed acceptable would no longer be relevant nearly 18 months after its demise. :blabla: They obviously haven't updated their template letters for a while! :lol:

Also this account will be state barred in January 2016.

No, it will not, because the clock will have been reset when the claim was issued last year.

I notice that they haven't put any court numbers on the letter. Shall I just ignore it as it and see what happens?

The letter would have been in response to your CCA request rather than about the claim as such which would be handled by their solicitors. Reads like a standard template, and one that's grossly out of date. :grin:

I assume this claim has been stayed for nearly a year now so Arrow will have to apply to lift the stay before they can move forward. I'd just wait to hear from the court. :ranger:

[christinez]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Thank you for responding. I will just sit and wait then. I wasn't aware that the clock resets when a claim is made, so I have learned something new today. The claim has been stayed for nearly a year. I'm guessing they are just trying to ask nicely for the money!

Regards
Christine