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

[christinez]

Received a claim? Yes
Issue Date: 10-10-2014
Amount approx: 2808.41
Claimant: Arrow Global LTD
Solicitor: Wilkin Chapman LLP
Original Credit: Sainsbury"s Bank

Particulars of Claim:
The Claimant's claim is for £2623.41 being monies due from the defendant to the Claimant in respect of a regulated credit card agreement between the Defendant and Sainsbury's bank PLC (No. XXXXXX) and assigned to the Claimant on 14/7/2011, notice of which has been provided to the defendant. The defendant has failed to make payment 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 £2623.41

Stat Barred?

Have sent:

Other Info:
I am not sure when this card was originally taken out. I stopped paying it December 2009. I asked for a copy of the CCA and they sent me a reconstituted version saying the original would follow but it never did. Therefore, I cannot be sure of the date this was taken out.

What should I reply in the section, my evidence? and why do I dispute it. I had one of these before and did not admit the debt and they never showed up to court.

This debt has been sold on and I am coming close to the 6 year stage. In my opinion I don't owe Arrow Global a penny.

[Amethyst]

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

Morning Christine and welcome to the forum.

For now just acknowledge the claim and tic that you intend to defend in full, then send a CCA and a CPR request to the claimants & their solicitors ( see below)

This gives you more time to suss out the situation. If you have received a Recon of the CCA then it COULD be compliant - but it depends who sent it to you - was this back in 2009 ? If so then not an issue as they would have to comply with the new CCA request in order to enforce the debt.

Were there any issues with the card that you recall (ie. any defence other than relying on faulty paperwork) ?



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)

[christinez]

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

Hi and thank you for your quick response. I have just acknowledged the claim and ticked defend in full. I will now request the CCA & CPR from them.

The CCA that they send me was back in Jan 2010 and was a copy with none of my details or even when the account was opened.

There were no issues with the card other than I got into financial difficulty and stopped paying and hoped I would last out the 6 years. I cannot remember if I took out the card before 2006 or after.

Thank you
Christine

[Amethyst]

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

Okay In the CPR request you can ask for the ' regualted credit card agreement ', the 'default notice' and maybe more tenuously ' notice of assignment ' - as it isn;t specifically mentioned.

I think we can safely ignore the CCA from 2010.

[christinez]

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

Thank you. I had already sent it before I got this message. I have asked for the agreement and the default notice.
I'll let you know what I receive back from them.

[christinez]

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

The CPR request was posted on the 21st Oct & the CCA sent on the 22nd both 1st class. How long should I give them as the only letter that I have received is off Wilkin Chapman (Without Prejudice) stating they they have received notification that a claim form has been issued against me and that they in a position to request judgment against me from 30th October. They then go on to say that to avoid this I can make a lump sum discounted payment!

Is the 7 & 12 days working days?
Thanks you in advance
Christine

[Kafka]

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

Okay In the CPR request you can ask for the ' regualted credit card agreement ', the 'default notice' and maybe more tenuously ' notice of assignment ' - as it isn;t specifically mentioned.

I think we can safely ignore the CCA from 2010.

Why would it be tenuous to ask for a copy of the Notice of Assignment? They mention that assignment and even give a specific date, so according to LOPA the owner was obliged to notify the assignment. Surely that is a key document in their case that the defendant has a right to see?

[christinez]

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

Hi Kafka,

Thank you for your post.

Should I also have asked about the Notice of Assignment? I have an email ready to go and this is the content so far:

I refer to my letter of the 21st October 2014 containing a CPR request. Seven days has now passed and you have failed to send the requested documents. As you have not produced the documents and if you cannot produce the documents, I ask that you agree to an extension, CPR 15.5 allows up to 28 days.

For your information a copy of the unsigned letter is attached.

Should I also ask for the Notice of assignment now, in this email?

Thanks
Christine

[Kafka]

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

I was hoping that Amethyst or someone else could clarify that point. If it was me I would ask for it on the grounds I stated, but then I tend to shoot from the hip more than many people.

[christinez]

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

I have received this letter this morning after requesting the CCA from Arrow Global. What is my next step? I take it they are saying they don't have the agreement. So how can they take me to court?

Thanks
Christine


( removed letter as it had personal details left on it)

[Amethyst]

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

You may want to reply to them quoting s.189 the definition of creditor.

“creditor ” means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

with regards them having been assigned the debt

agreement between the Defendant and Sainsbury's bank PLC (No. XXXXXX) and assigned to the Claimant on 14/7/2011

[christinez]

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

Hi Amethyst,

So am I right in thinking that they should have the agreement if the debt has been assigned to them? Can I email them and state what you have said or should I respond in writing. Also, I don't know whether you saw post 8, are the contents of that email alright to send?
Thanks
Christine

[Amethyst]

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

An email is fine, stating that they are considered the creditor as they have been assigned the debt and you look forward to receiving the agreement as requested under the CCA 1974, and as requested in your CPR 31.14 request, then ask them to agree the extension under CPR 15.5 to give them more time to find the documents before you enter your defence.

May as well put it all in one email

[Kafka]

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

Hi Amethyst,
So am I right in thinking that they should have the agreement if the debt has been assigned to them?

The background to this is that the CCA requires a creditor to hold a valid copy of the original agreement before they can sue for the debt, so firms like Arrow that buy debts are required to hold the agreements, as would be the original creditor if they were sueing. In practice DCAs almost never bother though, because when they file claims through the bulk centre at Northampton they aren't required to attach the copy agreement to the claim, as they would have to if filing through another court.

In other words, they don't need to produce the copies unless they are challenged by the defendant, which is why they invariably have to go back to the original creditor to get them. This means that a lot of people get CCJs when the DCA has no legal right, just because they weren't challenged. There are moves at present to change the rules so they would have to produce the relevant documentation before commencing legal action, but that's for the future.

[christinez]

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

Hi Amethyst,

Thank you for your reply Kafka, I understand now. I have received this letter on Friday. I am a bit confused now. I thought that my defence has to be filed on the 7 November. They are now saying that they can't get the documents for 6 weeks and then I have an extension of 14 days after they serve me with those papers. Does that not mean that I will miss my filing date of 7th. Should I submit my defence stating that they did not have the documents when they filed the claim and that they have not produced them in time? Could I ask for it to be struck out or am I jumping the gun?

Thank you so much for your help.
Christine