Arrow Global Ltd/Reston's solicitors claim for HSBC overdraft.

[eLfire]

Hi,

I have received a claim form from Reston's solicitors (on behalf of Arrow Global ltd) with reference to a HSBC outstanding overdraft amount from over six years ago. The balance due currently stands at just over £900. Upon contacting both Reston's and Global I have been informed that I received a phone call in Jan' 2015 followed by a couple of letters, neither of which I have any recollection of. I received a letter from Arrow approx' 1 month ago which had no details of the debt or with whom it was with. I assumed it was an error and just ignored it until last week when I received a N1CPC claim from Reston's outlining the claim. The debt is not statute barred as I 'apparently' made a payment of £50 by phone over three years ago, I have no recollection of this at all.


The claim reads;


'The claimant claims payment of the overdue balance due from the defendant under contract between the defendant and HSBC dated on or about 4 June 1998 and assigned to the claimant on March 28 2014.

I'm assuming the debt has been sold a number of times as Arrow have only had it for just over a year and the alleged payment would not have been to them. I also don't believe the bank would have been chasing it themselves so far down the line. I have spoken to HSBC and the account was closed almost 7 years ago by Santander when I transferred my account to them. I don't believe anything was put into place by HSBC in order for me to repay the overdraft and I received no contact requesting it be paid from them until the recent letter from Arrow and subsequent court claim form. As I had a new Santander account and received no statements/letters etc. regarding the debt I subsequently forgot about the owed overdraft amount.

I checked my credit report and there is nothing listed on it at all. My payment history is impeccable and my credit score is almost 900 with no missed payments to any owed overdraft/mortgage/credit card/loan/bill in the last six years. There is nothing in my history to suggest that I would not have paid it had the debt been managed correctly by HSBC and subsequently those whom purchased it.

Any advice with regards to my next steps would be greatly received as this is stressing me now and I am aware that my next steps are time critical. I've looked across the forum and a number of other websites but I've not really got any experience with legal positions and don't want to make any mistakes.

I'm afraid that I will get a CCJ against me which will damage my credit profile. I would be able to pay the outstanding amount in instalments but as I'm getting married next year I could not commit to settling the outstanding amount in full.

I don't believe the debt has been managed correctly and therefore that constitutes a strong argument for the debt to be voided.

Regards,

eLfire

[Berniethebolt]

Re: Arrow Global Ltd/Reston's solicitors claim for HSBC overdraft.

Hi
Have you acknowledged the claim online

Firstly, don't panic.

Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

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 - this will extend the time you have to respond to the claim to 28 days from when you received it

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)

If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.

Remember that in the CPR letter you can only ask for documents mentioned in the POC, from what you have put the notice of assignment and the contract. As it is an overdraft there is little point in sending a CCA request but I would be writing to Arrow asking them for proof of the contract and details of the payment i.e when, details of bank it came from etc , card number. Once you have the date of that payment you can check with your own bank to see if a payment was made

[nemesis45]

Re: Arrow Global Ltd/Reston's solicitors claim for HSBC overdraft.

Good morning Welcome to LB
For a start don't phone AG or Restons!!

Have acknowledged service of the claim and intention to defend in full?
You need to send Restons a request under CPR 31.14 to get the documents mentioned in the Particulars of Claim from
your 1st you only mention a "contract" and an assignment notice only can be requested ( use the template from the forum library)

As this is an overdraft the CCA 1974 Request for a copy agreement is not relevant.

Do you remember at any time receiving a Demand for Immediate Payment in Full or a Final Demand? This will be the start of the 6 year Limitation Act period.

nem

[eLfire]

Re: Arrow Global Ltd/Reston's solicitors claim for HSBC overdraft.

Hi,

I followed all the advice given and received a letter from Arrow Global Ltd confirming that the outstanding debt had been returned to them from Reston's Solicitors and confirming that Reston's were no longer dealing with it. Arrow Global confirmed in the letter that they were allowing the claim to become 'stayed' (not sure what this means).

I have since been contacted twice again by Arrow Global requesting the debt be settled.

Any further advice would be appreciated.

Many thanks.

[nemesis45]

Re: Arrow Global Ltd/Reston's solicitors claim for HSBC overdraft.

Hi,

I followed all the advice given and received a letter from Arrow Global Ltd confirming that the outstanding debt had been returned to them from Reston's Solicitors and confirming that Reston's were no longer dealing with it. Arrow Global confirmed in the letter that they were allowing the claim to become 'stayed' (not sure what this means).

I have since been contacted twice again by Arrow Global requesting the debt be settled.

Any further advice would be appreciated.

Many thanks.

Good afternoon eLfire

Looks like AG has no documents to prove the claim and are going
to try wearing you down by telephoning and or e-mailing.
The claim is "stayed" i.e. halted/suspended probably in the hope
they can come up with some proof.

At this point a would send AG a letter along the lines of:

Sir/Madam,

I refer to your letter regarding Claim No.....................................: and confirm
the following should the stay upon be prolonged I will apply to the court
for the claim to be struck out.

I also make the following statement regarding contact with me Arrow Global
will not communicate with me by telephone land line or mobile phone, text
message or e-mail.

All communication will be in writing via Royal Mail post, proof of posting is
not accepted as proof of delivery.

Nem

[eLfire]

Re: Arrow Global Ltd/Reston's solicitors claim for HSBC overdraft.

Hi,

Thanks for the help here. I have since received a letter from Arrow with a schedule of attached payments which were made up to 2012 (@ £50 per month). I don't remember these payments but they were made from my account and I'm not sure why they would have been stopped.

How long can a stay be assigned to a claim for?
Will they reassign it to Reston's again (and the courts?)?
Should I offer a full and final settlement?

Any further help would be appreciated here,

Thanks,

eLfire

[nemesis45]

Re: Arrow Global Ltd/Reston's solicitors claim for HSBC overdraft.

Hi,

Thanks for the help here. I have since received a letter from Arrow with a schedule of attached payments which were made up to 2012 (@ £50 per month). I don't remember these payments but they were made from my account and I'm not sure why they would have been stopped.

How long can a stay be assigned to a claim for?
Will they reassign it to Reston's again (and the courts?)?
Should I offer a full and final settlement?

Any further help would be appreciated here,

Thanks,

eLfire

Hi happy new year.

In theory a stay can be indefinite until a party to a claim applies and pays a fee for the stay to be lifted
or applies for the claim to be struck out!

nem