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

[Mazuk]

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

Hi

Can you please confirm if the following letter is ok or do i have to add anything? Can i remove the part where it says "I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter" as i need to file the claim on 22th of December?

Dear Sir/Madam

Re: Santander Account Number XXXXXXXXXXXXXXXX

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,



Thanks
Maz

[Mazuk]

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

Hi

I posted the CPR request to the CLAIMANT'S SOLICITORS on the 29th via 1st class recorded. I tracked the letter and doesn't say it's been delivered or signed. I I remember that i dint put my address on the envelope. Do you thing the solicitor refused or returned it because of no sender address?

Please advise

Regards
Maz

[FlamingParrot]

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

Can you please confirm if the following letter is ok or do i have to add anything? Can i remove the part where it says "I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter" as i need to file the claim on 22th of December?

Dear Sir/Madam

Re: Santander Account Number XXXXXXXXXXXXXXXX

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,

That's the standard CCA request letter and there's no need to add or remove anything. The 12 working days are what the law stipulates but virtually no one responds within that timescale, especially debt purchasers like Arrow who would have to go back to the original creditor for the agreement.

Failure to respond to a CCA request can be used in your defence. :thumb:

[FlamingParrot]

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

I posted the CPR request to the CLAIMANT'S SOLICITORS on the 29th via 1st class recorded. I tracked the letter and doesn't say it's been delivered or signed. I I remember that i dint put my address on the envelope. Do you thing the solicitor refused or returned it because of no sender address?

No, the sender address is just in case the letter turns out to be undeliverable, for example, because you've put the wrong address on or the person is no longer at the address.

As the 29th was Saturday, it probably didn't leave the post office till Monday. The RM tracking website isn't always 100% accurate.

I'd give it till next week, then you can ring them and ask them if they are in receipt of your letter. You can then take advantage of the opportunity to request an extension to file your defence.

[Mazuk]

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

Hi

The CCA has been delivered via next day delivery but the CPR still say being progressed through our network for delivery.. And RM not being helpful
Should i send another CPR via next day? Is it ok to call the solicitor? On the previous post you mentioned "extension to file your defence", please explain how to do this?

FYI, I posted the CCA before you responded and i removed the part 12 working days Hope it wont be an issue.

Many thanks

[FlamingParrot]

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

The CCA has been delivered via next day delivery but the CPR still say being progressed through our network for delivery.. And RM not being helpful
Should i send another CPR via next day? Is it ok to call the solicitor? On the previous post you mentioned "extension to file your defence", please explain how to do this?

No, don't send another CPR request letter just yet, best to call them and ask them if they are in receipt of your request which was sent 10 days ago and should be with them by now, no need to go into detail about Royal Mail. When you speak to them, you can say that you are a litigant in person awaiting information from them to enable you to write your defence, would they be so kind as to agree to a 28 day extension to file your defence as allowed under CPR15.5.

For reference, Part 15 of the Civil Procedure Rules refers to agreeing to an extension, that's what the above means. Solicitors should be familiar with it.

Agreement extending the period for filing a defence

15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

FYI, I posted the CCA before you responded and i removed the part 12 working days Hope it wont be an issue.

The 12 working days are given by law, so it shouldn't matter if your letter didn't make specific mention of them. :thumb:

[Mazuk]

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

Hi

I'm about to call the solicitors, Can you please advise how do i extend the period? Do i have to write to them?


Thanks
Maz

[Amethyst]

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

http://www.legalbeagles.info/forums/...filing-defence should help a little xx

[Mazuk]

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

Hi

Yesterday i received an acknowledgement letter from ARROW saying that they have received the CCA and they are processing it and they returned £1 postal order.

I called the solicitors today and asked them if they have received the CPR, the guy on the phone didn't have a clue what's CPR. But he confirmed his client has received the CCA and its pending. I asked about extending the period and he told me to do it online at moneyclaim.gov.uk which i have already done it weeks ago and i need to defend it by 22th of December. I asked him if it can be further extended and he told me to send them an email stating why i need more time and how long. (I told him I'm waiting for the CCA)

Can you please advise?

Thanks

[Mazuk]

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

Hi

Sent them an email and called them today to confirm, He said not take any action as the case is on hold until they receive the CCA. The deadline is today to defend the case. Do i have to inform county court? Can you please advise?

Thanks

[Amethyst]

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

Okay, I would just put your defence in now then based on the non compliance with the CCA request as per the example defence I gave you earlier in the thread http://www.legalbeagles.info/forums/...filing-defence If you can get that in between Christmas and New Year that's be good - you may have to do it by email/post to Northampton CCBC if MOCL won't let you, sometimes it doesn't once the defence date has passed.

[Mazuk]

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

Hi

Sorry for the delay

I received the following email from Arrow

In response to you request, I confirm the Claimant’s agreement that the period for filing your defence be extended by 28 days, pursuant to CPR 15.5.
Please note that our file remains on hold pending the receipt of the documentation you have requested. After we respond to your request, we will allow you no less than 14 days to review the documents and file your response.
We trust this is satisfactory and thank you for your patience whilst our client liaises with the original creditor about your request.
Though your request for documentation has not been made until after the issue of these proceedings, despite our sending of three letters before action, we will of course endeavour to furnish these documents to you as soon as possible.

Should i wait till they response?

Many thanks
Maz

[Mazuk]

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

Hi

Received the agreement yesterday from Arrow Global. Its for the capital one card and it looks like i have signed the agreement on 08/11/2008. The account is 6+ years old. Can you please advise what should i do next? If i were to pay, does it need to be the full amount or can this be reduced?

Thanks
Maz

[Mazuk]

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

Hi

Please check the following link for the agreement

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


Thanks
Maz

[Amethyst]

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

Ahhh it's an Edge card with G E Capital.

Was it only that one page you received?

One of the first lines is about reading condition 3 of the additional terms in the customer copy and it is stated as being page 1 of 2 ( top right)