Arrow Global/Blake Lapthorn County Court claim

[ikeymo]

On 12 /11/2014 my son received a court claim from Arrow Global via Blake Lapthorn in Portsmouth, the issue date is 07/11/2014. He has sent the acknowledgement of service online and is disputing his debt as per the details below but is not now sure how to proceed. I will generally be dealing with it on his behalf as he works long hours and travels from Blackpool to Preston to work everyday.
In October 2008 my son set up a DMP with CCCS, on which was an Arrow Global debt ran by Bryan Carter, I was accepted as the person who would run this DMP. An initial amount was paid as was required but by December they were not dealing with it and apparently did not know who was. On 03/12/2008 a letter was sent to MBNA to see if they could advise but we got no reply. On 09/02/2009 an email was sent to Arrow Global to advise who would be dealing with the DMP. The reply was to forward any correspondence to :- 15 Old Bailey, London, EC4M 7EF, after this, again no reply. A letter dated 24/11/2009 was received from First Revenue Assurance and another on 14/12/2009 offering a reduction. It was not practical to alter the payment agreements with the creditors on the DMP and this was coming to a close. A letter requesting a copy of the agreement was sent on 24/02/2010.
A copy of an agreement was returned to us with a letter dated 15/04/2010. This letter had the correct account number on it but a letter accompanying the agreement (with no letter head) had a different account number. Also there were photocopies of "cut off" bits of a form, on one of which was written the wrong account number, this was dated 24/06/04. A copy of the last Virgin statement dated 01/08/2007 was included with the correct account number but the incorrect number also was written on it. We have not heard from them since and there is no spare money, our son still has debts to pay off, his child maintenance has gone up and he has had a £300 net wage drop after pay restructuring in his then job, and he was recently made redundant from Phones 4U when it collapsed. He was lucky to secure employment within a week but only at the minimum pay rate. He has had various letters saying his debt was now being managed by one group or another but not actually asking him to pay and certainly did not notify him that they intended to take court action.
Any suggestions anyone as to what we do now?:confused2:

[FlamingParrot]

Re: Arrow Global/Blake Lapthorn County Court claim

Hi and welcome

Below are the steps normally take. upon receipt of a claim, he's already taken step one which was to acknowledge the claim:

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)

I assume this claim was for an MBNA card. Could you give us a bit more detail such as

• When was the card taken out?
• How much are they claiming?
• When did he stop paying through the DMP?
• Was this originally a MBNA card or one they bought from another bank, such as the Abbey or A&L?
• Did he apply online?
• Did he receive a notice of assignment when the debt was sold to Arrow?

[FlamingParrot]

Re: Arrow Global/Blake Lapthorn County Court claim

A copy of an agreement was returned to us with a letter dated 15/04/2010. This letter had the correct account number on it but a letter accompanying the agreement (with no letter head) had a different account number. Also there were photocopies of "cut off" bits of a form, on one of which was written the wrong account number, this was dated 24/06/04. A copy of the last Virgin statement dated 01/08/2007 was included with the correct account number but the incorrect number also was written on it. We have not heard from them since and there is no spare money, our son still has debts to pay off, his child maintenance has gone up and he has had a £300 net wage drop after pay restructuring in his then job, and he was recently made redundant from Phones 4U when it collapsed. He was lucky to secure employment within a week but only at the minimum pay rate. He has had various letters saying his debt was now being managed by one group or another but not actually asking him to pay and certainly did not notify him that they intended to take court action.
Any suggestions anyone as to what we do now?:confused2:

What does Virgin have to do with it? Is the claim for an MBNA card or a mobile contract?

Could you scan or take a picture of the particulars of claim? hoto: Alternatively you could just type them up. :typing:

[Amethyst]

Re: Arrow Global/Blake Lapthorn County Court claim

Virgin credit cards are MBNA ?

[FlamingParrot]

Re: Arrow Global/Blake Lapthorn County Court claim

Virgin credit cards are MBNA ?

Ah yes, I forgot about Virgin cards, that would explain it! :yo:

[ikeymo]

Re: Arrow Global/Blake Lapthorn County Court claim

001.jpgI am having a little trouble finding all the recent letters we have had from Arrow Global I know one has been received recently which may have been the use of a different solicitor. Prior to this there was a letter dated 06/02/2014 stating the following details:-
Original Agreement MBNA - Credit card (taken out as a Virgin credit card)
Date of Original Agreement 01/07/2004
Original Account Number -------------
Date of Transfer to Arrow Global 11/09/2007
Amount Outstanding to Arrow Global £1724.32
All correspondence etc to Restons Solicitors Ltd, Trinity Chambers, 800 Mandarin Court, Centre Park, Warrington, WA1 1GG

Obviously now it is with Blake Lapthorn and I do not think my son initially applied online but he cannot remember. Although my son's DMP was set up in October, his first payment was to be in November and the first direct debit was to go out in December. Initial small payments were sent out to all creditors in October and this was accepted and being dealt with by Brian Carter and seemingly Moorcroft debt recovery. Strangely a letter dated 31/10/2007 from Arrow Global came with a totally different account number on it but exactly the same amount they were asking for on the correct account number. As my initial post states they were entered onto the DMP but then opted out and nobody could tell me who was dealing with it, least of all The CCCS. Carter also presented my son with a court claim from Egg even though it was being paid from the DMP and it was replied to in time, it went to court. We wrote to the court but were unable to do anything about it. Very silly on Carter's part as it would have been paid by now, instead they are getting £10 a week that is depreciating all the time. On this occasion he has had no notice of court action prior to this claim from either Arrow Global or their solicitors. He has very little cash left at the end of the month if any . His wage is paid into our account so that I can regulate his direct debits which we have covered since Phones4u ceased to exist. He does owe us money on credit cards and a loan we took out on his behalf to help him buy a house with his former partner. Sadly that relationship ended and he signed over the house to his ex partner and is left with the debt they both built up. He also has to pay maintenance to his son, not begrudgingly I must add which is why he intends to defend the whole debt as we made enough efforts to pay it off but it was ignored. Below is a copy of the claim. Plus if the claim was issued on 07/11/2014 should the date to file the defence be 09/12/2014 or am I working it out wrong. I'm very worried I'm taking too much time over this.:tinysmile_cry_t:

[FlamingParrot]

Re: Arrow Global/Blake Lapthorn County Court claim

Original Agreement MBNA - Credit card (taken out as a Virgin credit card)
Date of Original Agreement 01/07/2004
Original Account Number -------------
Date of Transfer to Arrow Global 11/09/2007
Amount Outstanding to Arrow Global £1724.32
All correspondence etc to Restons Solicitors Ltd, Trinity Chambers, 800 Mandarin Court, Centre Park, Warrington, WA1 1GG

Obviously now it is with Blake Lapthorn and I do not think my son initially applied online but he cannot remember.

As it was applied for before January 2005, it doesn't make any difference. From Jan 2005 onwards a tick box fulfills the role of a signature for online applications but prior to that, they should still have sent an agreement to be signed. :thumb:

Although my son's DMP was set up in October, his first payment was to be in November and the first direct debit was to go out in December. Initial small payments were sent out to all creditors in October and this was accepted and being dealt with by Brian Carter and seemingly Moorcroft debt recovery. Strangely a letter dated 31/10/2007 from Arrow Global came with a totally different account number on it but exactly the same amount they were asking for on the correct account number. As my initial post states they were entered onto the DMP but then opted out

The main point here is, were there any payments made in the 6 years prior to the claim being issued, via DMP or otherwise? That would be up to October 2008. If none were made after that time, the debt would be statute barred and that's an absolute defence. :grin:

Plus if the claim was issued on 07/11/2014 should the date to file the defence be 09/12/2014 or am I working it out wrong. I'm very worried I'm taking too much time over this.:tinysmile_cry_t:

You've got it right :thumb: The calculator here: http://www.timeanddate.com/date/date...&am=&aw=&ad=33 makes it December 10th, it's best not to leave it till the last minute so the 9th is right. :yo:

Have you guys sent the CCA and CPR request letters as posted here? http://www.legalbeagles.info/forums/...663#post490663

If you have, Blake Lapthorn should respond to the CPR request in 7 days. If they don't, you should chase them, ring them and ask them to agree to a 28 day extension to file the defence, the maximum allowed under CPR15.5.

There's no need to chase Arrow for the CCA request.

Do keep us posted. :typing:

[ikeymo]

Re: Arrow Global/Blake Lapthorn County Court claim

I have just gone through old bank statements that show the initial payments to set up the DMP, a payment to Brian Carter was cashed or at least accounted for at the bank on 10/11/2008 unfortunately the cheque stubs do not have the date on which is not like me usually. I did have a "plan of action" calendar but have not come across it yet. Therefore the amount on the claim is that which is on the DMP. However there are letters stating that Bryan Carter was no longer dealing with the creditor when the DMP made the first payment. My son has just come across a letter from Blake Lapthorn that was issued in August :doh: stating possible court proceedings if there is no response in 14 days and also a financial means questionnaire. I'm not sure now if there is any defence. If you were to see my son at work, his paperwork is efficient, tidy and up to date. He does not like people cluttering or making his work space untidy, almost OCD. His personal life? A disaster. What can I say. !!!

[ikeymo]

Re: Arrow Global/Blake Lapthorn County Court claim

Plus what constitutes a formal demand. Thanks

[ikeymo]

Re: Arrow Global/Blake Lapthorn County Court claim

Hello, please help. !

[ikeymo]

Re: Arrow Global/Blake Lapthorn County Court claim

Actually the initial payment for the DMP was accounted for on 10/10/2008 and the DMP forms were signed on the 06/10/2008 therefore the cheques would have gone out before then. That was the last £5 paid but to Bryan Carter, who then stated they were no longer dealing with the creditor although the amount lessened the origional debt of £1729.32 to £1724.32. As the claim was issued on 07/11/2014, does this mean it is statute barred or not?

[FlamingParrot]

Re: Arrow Global/Blake Lapthorn County Court claim

I have just gone through old bank statements that show the initial payments to set up the DMP, a payment to Brian Carter was cashed or at least accounted for at the bank on 10/11/2008 unfortunately the cheque stubs do not have the date on which is not like me usually. I did have a "plan of action" calendar but have not come across it yet. Therefore the amount on the claim is that which is on the DMP. However there are letters stating that Bryan Carter was no longer dealing with the creditor when the DMP made the first payment. My son has just come across a letter from Blake Lapthorn that was issued in August :doh: stating possible court proceedings if there is no response in 14 days and also a financial means questionnaire. I'm not sure now if there is any defence. If you were to see my son at work, his paperwork is efficient, tidy and up to date. He does not like people cluttering or making his work space untidy, almost OCD. His personal life? A disaster. What can I say. !!!

That would have been a letter before action which he should have responded to, however, it doesn't affect statute barred status. :thumb:

[FlamingParrot]

Re: Arrow Global/Blake Lapthorn County Court claim

Actually the initial payment for the DMP was accounted for on 10/10/2008 and the DMP forms were signed on the 06/10/2008 therefore the cheques would have gone out before then. That was the last £5 paid but to Bryan Carter, who then stated they were no longer dealing with the creditor although the amount lessened the origional debt of £1729.32 to £1724.32. As the claim was issued on 07/11/2014, does this mean it is statute barred or not?

I would say only just... the 6 years would have ended in October 2014 and the claim wasn't issued till November so it sounds like he's in luck! :rockon::cheer2:

[ikeymo]

Re: Arrow Global/Blake Lapthorn County Court claim

I asked at the bank if they still had any info on the cheques other than the bank statement but they only keep copies for 7 months. However I was looking through my flash drives and sd cards and although I seem to have weeded out copies of my initial DMP payment letters. but there was a letter to the court re Brian Carter not giving us enough time to respond and a CCJ already being set up. This letter said all initial DMP payments were sent on 07/10/2008. I'll just wait a bit now. Thank you for your responses.

[FlamingParrot]

Re: Arrow Global/Blake Lapthorn County Court claim

I asked at the bank if they still had any info on the cheques other than the bank statement but they only keep copies for 7 months. However I was looking through my flash drives and sd cards and although I seem to have weeded out copies of my initial DMP payment letters. but there was a letter to the court re Brian Carter not giving us enough time to respond and a CCJ already being set up. This letter said all initial DMP payments were sent on 07/10/2008. I'll just wait a bit now. Thank you for your responses.

A letter to the court? Does that mean proceedings were issued for this same account? When was that?