Court Claim - ARROW GLOBAL LIMITED / Santander - 18-11-2014

[Mazuk]

Received a claim? Yes
Issue Date: 18-11-2014
Amount approx: 499
Claimant: ARROW GLOBAL LIMITED
Solicitor: DRYDENSFAIRFAX SOLICITORS
Original Credit: Santander

Particulars of Claim:
1.The claim is for the sum of 499.00 in respect of monies owing by the defendant on a credit agreement held by the defendant on a credit agreement held by the defendant with Santander under account number xxxxxxxx upon which the defendant failed to maintain payments.

2. A default notice was served upon the defendant and has not been complied with.

3. By virtue of sale agreement between Santander and the claimant, the claim vested in the claimant who has genuine commercial interest. The defendant has been notified of the assignment by letter

Contact drydensfairfax solicitors

Stat Barred?

Have sent:

Other Info:
I remember opening a current account at Abbey National few years ago but never used it and never had a credit card etc.

Can someone please advise how should i start the claim process in details sending letters, anti tamper signature etc.?

Thanks

Maz

[Mazuk]

Re: Court Claim - ARROW GLOBAL LIMITED / Santander - 18-11-2014

Can someone please advise?

Many thanks
Maz

[Amethyst]

Re: Court Claim - ARROW GLOBAL LIMITED / Santander - 18-11-2014

Hi Mazuk and welcome, and my apologies for not replying sooner, I wasn't about much yesterday.

Sounds like the account may have been a charge you if you don't pay in your salary type account.

You need to;

Send a SAR to Abbey with £10 to get all information about the account - http://www.legalbeagles.info/forums/...otection-Act-)


And


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 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)
CPR ask for credit agreement, default notice, sale agreement ,notified of the assignment by letter


Don't worry about Anti Tamper - people only get paranoid when they are CCA Part V cases which a bank account.overdraft isn't. And agreements don't need an original signature these days anyway.

[Mazuk]

Re: Court Claim - ARROW GLOBAL LIMITED / Santander - 18-11-2014

Hi Amethyst

Thanks a lot for the reply

1.Regarding SAR,
Is it ok if i go to a nearest santander branch and get more info about my old account or send a letter?


2. ACKNOWLEDGE THE CLAIM
should i select the option START DEFENCE?

3.Send a CPR request to the CLAIMANT'S SOLICITORS
Please check if the below letter is ok?
Also Claim Number: (IS THIS THE CLAIM NO ON THE CLAIM FORM?)

MY NAME AND ADDRESS

25/11/2014

CLAIMENT SOLICITORS AND ADDRESS


Dear Sir/Madam

Claim Number: (IS THIS THE CLAIM NO ON THE CLAIM FORM?)

Request for documents mentioned in a statement of case under CPR 31.14

On 18/11/2014 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.


1. Credit Agreement
2. Default Notice
3. Sale Agreement


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely




4. Regarding Signature

Can I use my initials?

If not is it safe to use http://www.consumeractiongroup.co.uk...lsignature.php


Thanks
Maz

[Amethyst]

Re: Court Claim - ARROW GLOBAL LIMITED / Santander - 18-11-2014

1. SAR - you can go into the branch and see what they can tell you yes - if they can't tell you much send the SAR

2. Acknowledge claim - just intend to defend in full that's all - you dont complete your defence till about day 28 since date of issue of the claim. If not sure what to do can you do screen shot of MCOL pages as I can't get in their without having a live claim.

3. add notice of assignment to list of docs - otherwise good

4. I;d just sign it but if you are concerned then use anti-tamper

[Mazuk]

Re: Court Claim - ARROW GLOBAL LIMITED / Santander - 18-11-2014

Hi

2. Is it the first option where it says START AOS (Screen attached)?
https://onedrive.live.com/redir?resi...nt=photo%2cJPG

(If you need 28 days (rather than 14) from the date of service to prepare your defence, or wish to contest the court's jurisdiction, complete the Acknowledgment of Service (AOS))

3. On the CPR Request letter where it says Claim Number: IS THIS THE CLAIM NO ON THE CLAIM FORM?
I added the following list of docs:

1. Credit Agreement
2. Default Notice
3. Sale Agreement
4. Notice of Assignment

Regards
Maz

[Amethyst]

Re: Court Claim - ARROW GLOBAL LIMITED / Santander - 18-11-2014

Click START AOS Then should be intend to defend tick box.

Thanks for doing that, if you fancy screenshotting the next page too it would really help as I can then do a bit of a guide for peeps to refer to as we get asked this a lot.

Claim Number - Yes, top right of the claim form

[Mazuk]

Re: Court Claim - ARROW GLOBAL LIMITED / Santander - 18-11-2014

here are the screens

1. https://onedrive.live.com/redir?resi...nt=photo%2cJPG

2. https://onedrive.live.com/redir?resi...nt=photo%2cJPG

3. https://onedrive.live.com/redir?resi...nt=photo%2cJPG


Regards

[Amethyst]

Re: Court Claim - ARROW GLOBAL LIMITED / Santander - 18-11-2014

You are a star thank you.

So it's changed from Intend to Defend in Full to ' Defend all of this claim ' probably why I was confusing so many people.

[Mazuk]

Re: Court Claim - ARROW GLOBAL LIMITED / Santander - 18-11-2014

Hi

Do i have to send a CCA request to the claimant?


Regards
Maz

[Amethyst]

Re: Court Claim - ARROW GLOBAL LIMITED / Santander - 18-11-2014

Not for a bank account xx

[Mazuk]

Re: Court Claim - ARROW GLOBAL LIMITED / Santander - 18-11-2014

Hi

I'm not sure if it's a bank account or credit card etc.?
By looking at the Particulars of Claim: do you think its a bank account?


Thanks

[FlamingParrot]

Re: Court Claim - ARROW GLOBAL LIMITED / Santander - 18-11-2014

I'm not sure if it's a bank account or credit card etc.?
By looking at the Particulars of Claim: do you think its a bank account?

The PoC does mention a 'Credit agreement' with Santander, a current account with an overdraft facility wouldn't be a credit agreement as such. Having said that, the PoCs people receive are not always carefully drafted. You've wisely replaced the account number with xxxxxxxx, so I can't tell whether it sounds like a current account. Current accounts are usually 8 digits, you've put 8 xs on there, does that mean the account number had 8 digits? In that case, it's likely to be a current account overdraft.

[Mazuk]

Re: Court Claim - ARROW GLOBAL LIMITED / Santander - 18-11-2014

Hi

Thanks for your reply

I tried calling the Santander headoffice and they couldnt find an account under my name. They told me to get in touch with ARROW GLOBAL LIMITED.
Is it worth calling them? I have Send a CPR request to the CLAIMANT'S SOLICITORS. Do i have to send a CCA request to the claimant?

Please advice

Many thanks
Maz

[FlamingParrot]

Re: Court Claim - ARROW GLOBAL LIMITED / Santander - 18-11-2014

I tried calling the Santander headoffice and they couldnt find an account under my name. They told me to get in touch with ARROW GLOBAL LIMITED.
Is it worth calling them? I have Send a CPR request to the CLAIMANT'S SOLICITORS.Do i have to send a CCA request to the claimant?

You'd normally send a CCA request to the claimant, yes, only if it was an overdraft it wouldn't apply. However, as the particulars of claim state A CREDIT AGREEMENT, and not a current account, you should send it. :thumb: