court claim arrow global defence due 25.11.2014

[cherrypie]

Claimant ? Arrow Global Limited R/O,.20-22 Bedford Row, London WC1R 4J
Date of issue –24/10/2014
The Claimant’s claim is for the sum of £9320.78
being monies due from the Defendant to the Claim
under a regulated agreement between the Defendant
and Citifinancial Europe plc and assigned to the Claimant.
Notice of the Assignment has been provided to the Defendant.
The Defendant has failed to make payment in accordance with the terms of the agreement and
a default notice has been served pursuant to the Consumer Credit Act 1974. And
the Claimant claims the sum of £9320.78 TOGETHER with the costs of this claim
Claim issued by debt purchaser.

Citi advised debt purchaser was Britannica recoveries S.a.r.l. in Luxembourg but never received any Notice of assignment Britannica or Arrow.

Acknowledgment of service already lodged, last payment 2006.

It is a complicated history which I will post separately. No account number on particulars of claim.

Really look for help with defence. Many thanks

[cherrypie]

Re: court claim arrow global defence due 25.11.2014

Last payment in late 2007, default in 2008 from Citi and Arrow for same date. Removed from credit file.

.Approached citifinancial in October 2005 for a loan of £10,000.

Due to my credit history they were unable to offer £4,000
(or 4,000: cannot recall as I don’t have the paperwork and Citi have failed to provide this.
It was at an extremely high rate and they sold me 2 different PPI policies,
one for disability & insurance cover
and one for takecare cover.

I had pre-existing medical conditions and told them I did not need this as I had long term disability and sickness cover
and Life Assurance through my employer.
They advised that if I did not take the cover, the loan would not be approved.

2.Within a couple of months they rang to say I could now have the £10k and would give me a better interest rate.
I went in to sign the paperwork and again they sold me another 2 policies.
They were always up front policies with interest charged on them at the prevailing rate.

I again reiterated that I did not need these policies but without them they could not proceed.
I signed the paperwork and was not provided with a full redemption statement to show how they had arrived at the redemption figure
bearing in mind I had paid up front PPI fees on 2 different policies.

3.3-4 months later, they rang again and said they could lower my interest rate but I need to complete a new loan form.
I said I did not want to borrow any more money and if I wanted to lower the interest rate I had to add a small amount on, which I did.

Again, they sold me 2 PPI policies, one disability and takecare cover and both added to the loan with interest.

4.The insurance application form attached to the third loan agreement is dated 21/7/2006 signed by me and witnessed by Citi,
but I now notice that the CCA agreement is dated by Citifinancial 21/7/08.

I also have a fax copy of the third loan agreement with a date of 1/9/2006 issued with an account.
I am not sure why the loan agreement is dated some 2 years later by Citi. Maybe it’s their writing.

5.In early 2008 I complained to Citi about mis-selling so many up front policies that I did not need and had pre-existing medication conditions.
They rejected my claim and I made a claim via the Ombudsman.

6.I lodged a complaint with the Ombudsman on 22/5/2008.In August 2009 the Ombudsman upheld my complaint
and ordered Citi to put me back in a position had I not been sold the 6 PPI policies in total.
They were also asked to re-calculate each loan on the basis these had not been sold,
as the redemption figures carried forward to each new loan would have been different.

Again, on the third loan which is the on-going dispute and which has been sold to Arrow was to be re-calculated
on the basis of the new figures brought over to each loan and to also re-calculate the balance without those policies.

7.In early December 2009 Citi wrote to me with some calculations and a cheque for £3010.22 for a refund of the PPI premiums with interest.
Their calculations were minimal and did not provide the new redemption figures
and the new carried forward balances of each loan as instructed to do so by the Ombudsman.

The PPI and Takecare cover premiums on the 3 loans were a total of £5102.05 and £2509.81 in interest, making a total of £7611.86

8.From that date on I have written to Citifinancial to ask for the full computations and calculations
as it seems they only gave a breakdown as PPI refund due, plus interest and nothing else.

They have not re-wrote each loan to reflect the totals without the policies
and this in turn would have reduced the balance carried forward onto loan 2 and 3 and 3 being the loan still valid.

9.On 15/12/2009 I received a letter from Citifinancial saying I owed £10,194.46

10.Letter received 10 May 2012 from Citifinancial saying
“some important news about your loan” transferred from Citifinancial to Britannia recoveries S.a.r.l.
acting in the name on behalf of its compartment “Atlas” (Britannica-Atlas)
and will be managed by Arrow Global Receivables Management Limited will take place on 21 May 2012.

The transfer involves the assignment of all CitFinancial’s rights as lender to Britannica-Atlas
who have agreed to perform the obligations of CitiFinancial under the terms of your Citi loan agreement.

From May 2012 references to “we”, “us” “our”, “the Lender” and Citifinancial in your Citifinancial Loan agreement terms and conditions
will become references to Britannica-Atlas and any references to the “group of companies”
that include Cit will also become references to Britannica-Atlas.

We are working closely with Arrow Global Receivables Management Limited to ensure a smooth transition of your account
and they will be writing to you shortly to provide revised payment instructions. In the interim period, please continue to make payments in the usual way.

11.Letter received from Arrow Global receivables management limited is acting agent for Britannica recoveries S.a.r.l.
– Atlas with Westcott Credit services dated 7 August 2012 with a statement from July 2011 to June 2012 showing a balance of £10,316.72.

12.Wrote to Westcott Credit services in August 2012 to advise Citifinal had not provided the information requested as per mySAR request,
they had not re-written the loan as instructed to do so by the ombudsman.

Also wrote in August and September to Arrow Global on 25/9/2012 for full SAR request.

13.Letter received from Arrow Global receiveables management Ltd Manchester
saying an adjustment has been applied to your account so the balance was now £9320.78.

14.Letter Westcoff Credit Services dated 21/9/2012 balance of £9320.78 outstanding.

15.Letter dated 17/08/2012 from Citi saying Arrow will reply with SAR details and confirming
I should write to Arrow Global Receivables Management Ltd in Manchester.

16.I then had to contact the Ombudsman again in 2012 as I became aware they had not reimbursed me for the Takecare
policies as instructed to do so by the Ombudsman.

The Ombudsman had to re-open the complaint, readdress the lack of full refund and on 1 November 2012 wrote to say it was correct,
they had not refunded me for the Takecare policies and this would be forthcoming.

Again, they could not provide the recalculated loan agreements as per the Ombudsman’s decision.


I received a further £700 for these other 2 policies.

17. On 12/12/2012 I sent a letter to Arrow Global Receivables Management in Manchester for a SAR request with a £10.00 fee.

They sent some information but nothing which I asked for.
They sent me information that was more internal, a credit reference report

In fact, minimal information. No statement, no notice of assignment and I have never received any notice of assignment.
To be honest, I am not sure who owns the loan, Atlas or Global.
The summons is from Global, but citi say it was sold to Atlas.

18.Letters continued to be sent to Arrow Global for the full SAR request.

19.Letter from Black Lapthorn dated 2/12/2013 saying they act for Arrow Global. Our client has purchased the debt and chasing payment.

20.Letter to Black Lapthorn dated 4/12/2013 saying I do not owe Arrow Global. I
am still in dispute with Citi and still waiting for them to re-write the loans as per the Ombudsman’s instructions.

21.Letter Black Lapthorn dated 7/12/2014 saying I have submitted a data request
but saying our client has received no such request but Arrow’s letter of confirming the £10.00 fee
and the information was sent was worthless as it contained none of the documents I requested.
They asked that I make another SAR request and send another £10.00.

22.Letter Arrow Global Bedford Row dated 3/9/2014 saying the notification of account transfer to new agency Black Lapthorn.

23.Letter 17/9/2014 to Blake Lapthorn stating I have never received any Notice of Assignment.
I have sent a SAR request in 2012 along with Citigroup and Westcott breaching the regulations as they have failed to provide the documentation.
I also state that I have already paid a £10 fee in this regard to Arrow.

24.Letter Blake Lapthorn dated 1/10/2014 saying we act for Arrow.
Our client will reconsider suitable payments.If no reply within 14 days, will issue court proceedings.

This is now where I am up to with them, a court summons from Arrow Global, Bedford Row and their solicitors Blake Lapthorn.