Court Claim - Arrow Global / Egg? - 30-10-2014

[LynW]

Received a claim? Yes
Issue Date: 30-10-2014
Amount approx: 5518 with costs
Claimant: Arrow Global
Solicitor: Wilkins Chapman
Original Credit: Egg?

Particulars of Claim:
Claimants claim for 5008 being monies due in respect if a loan agreement between defendant and britannica recoveries s.a.r.l arrow and assigned to the claimant in 28/2/13 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 persuant to the consumer credit act 1974

Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:
First thought that the debt was statute barred but solicitors have written back saying a payment was made in 2010. Have asked them to provide evidence of this. We have completed the acknowledgement of service online and are looking for advice as to what to do next.

Thanks

[LynW]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

I have sent a CCA request with the postal order by post today

[Nibbler]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

Others better at this will hopefully reply later but in the meantime some more info could be helpful.

- Egg card or loan? I seem to remember they did both.

- When was this card or loan first taken out? Before or after April 2007?

- Can you explain about the circumstances of the debt and what leads you to believe this is statute barred?

- Do they give any information regards the nature or method of this payment?

- Is it possible that you did make the payment they claim?

- Can you check statements etc to verify or refute their claimed payment?

- Did you send the CCA request to the debt collector or their solicitor?

[LynW]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

Hi,

thanks for the response. It's actually my husbands claim that I'm helping him with but to our knowledge, it was an Egg loan as per the court paperwork and an old credit report. We think taken out in 2004 so before April 2007.

I thought it may be statute barred as we've no recollection of making payments on it or having contact with anyone about it in the last 6 years, and on a credit report (from beginning of this year) it appears they have us registered at an address we moved from 5 years ago despite my husband claiming he wrote to them and told them we had moved. However, it is possible that we could have made the payment, but we are not able to check as we changed bank accounts after the date of the alleged payment.

The solicitor have just said £x was paid on xx xx 2010, no detail about how the payment was made so have emailed asking for evidence of the payment.

i have no details for arrow global and the court papers state that all correspondence should be sent to Wilkins chapman solicitors so I have sent the CCA request to arrow global c/o the solicitors address.

thanks

[Kafka]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

The CCA request should properly go to the owner directly, with the CPR request for wider disclosure to the solicitors. Although there is overlap, the different requests each serve their own purpose.

There seem to be a lot of SB debts being chased at the mo where phantom payments were apparently made as one-offs in 2010!

[LynW]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

Thanks Kafka, that gives us a little hope! What is a CPR?

Looking back I thought this may just apply to credit cards.

[Kafka]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

Thanks Kafka, that gives us a little hope! What is a CPR?

Looking back I thought this may just apply to credit cards.

CPR details here, but ask for help if you need to get the letter checked.
http://www.legalbeagles.info/forums/...ic-information

If you don't know what the CPR request is that suggests that you haven't yet read through comparable claims here. You must do that do that you understand the processes as you need to do all the right things the right way :typing:

[LynW]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

I have looked a few similar claims but the links in them were all for the CCA request

[LynW]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

So I send a CPR request to Arrow? As per the particulars of claim I am asking for the agreement, default notice and assignments.

The address stated for arrow on the court papers is an R/o address?

[Nibbler]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

I believe the CPR request should go to the solicitors Arrow are employing to make the claim?

[LynW]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

So the CPR goes to Arrow and the CCA to the solicitors?

[Kafka]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

CCA request goes to the current owner who is bringing the action, CPR request goes to the solicitors who served the papers.

The CCA request is standard wording and with the £1 fee.

The CPR request in this case can ask for:
1) A true copy of the original credit agreement together with a copy of the T&Cs that applied at that time.
2) A copy of the Notice of Assignment that should have been sent to you by the original creditor.
3) A copy of the Default Notice.

[LynW]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

Thanks, I shall get on to it when my kids are in bed, just double checking that I've got the right letters going to the correct people. Good job I held off posting my CCA as I think it may be wrong

[LynW]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

CPR written to Arrow, CCA written to Wilkin Chapman and will send this with the postal order tomorrow once I have taken copies of the letters (fine time for my printer cable to die!!)

Then I wait for the responses?

[Nibbler]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

CPR written to Arrow, CCA written to Wilkin Chapman and will send this with the postal order tomorrow once I have taken copies of the letters (fine time for my printer cable to die!!)

Then I wait for the responses?

No. Wrong way around.

CPR goes to the solicitors.