Court Claim - Arrow Global / HSBC - 3-12-2015

[jakeusticus]

Received a claim? Yes
Issue Date: 3-12-2015
Amount approx: 748.96
Claimant: Arrow Global
Solicitor: Shoosmiths LLP
Original Credit: HSBC

Particulars of Claim:


Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
Hi everyone,

Would really appreciate somebody walking me through this one, just received paperwork through in relation to (I think) a student credit card I held around 4-5 years ago. I don't think the debt would be statute barred, my credit file shows the default date as 11/2011.

I took on too much credit as a student, which I was then unable to repay. I have had the occasional letter in relation to this debt, but all quiet for the last year or so until the claim arrived today. I don't believe the claim amount to be correct, as it seems higher than I remember - but I may be wrong.

I have sent the CCA/CPR letters as suggested. What do I do next?


- - - Updated - - -

The form didn't allow me to fill out the particulars section properly, but they are given as follows;

1. Claimant's claim is for monies due from the defendant to the claimant under a regulated agreement between the defendant and HSBC bank (agreement number) and assigned to the claimant on 28/3/14, notice of which has been provided.
2. The defendant failed to make payment, a default notice was served.
3. Sum of £748.96
4. "C has complied, as far as is necessary, with the pre-action conduct practice direction.

I don't know if relevant, but I have another debt with HSBC that also appears to have been assigned to Arrow, but is not covered in this claim.

[nemesis45]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

Received a claim? Yes
Issue Date: 3-12-2015
Amount approx: 748.96
Claimant: Arrow Global
Solicitor: Shoosmiths LLP
Original Credit: HSBC

Particulars of Claim:


Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
Hi everyone,

Would really appreciate somebody walking me through this one, just received paperwork through in relation to (I think) a student credit card I held around 4-5 years ago. I don't think the debt would be statute barred, my credit file shows the default date as 11/2011.

I took on too much credit as a student, which I was then unable to repay. I have had the occasional letter in relation to this debt, but all quiet for the last year or so until the claim arrived today. I don't believe the claim amount to be correct, as it seems higher than I remember - but I may be wrong.

I have sent the CCA/CPR letters as suggested. What do I do next?


- - - Updated - - -

The form didn't allow me to fill out the particulars section properly, but they are given as follows;

1. Claimant's claim is for monies due from the defendant to the claimant under a regulated agreement between the defendant and HSBC bank (agreement number) and assigned to the claimant on 28/3/14, notice of which has been provided.
2. The defendant failed to make payment, a default notice was served.
3. Sum of £748.96

4. "C has complied, as far as is necessary, with the pre-action conduct practice direction.

I don't know if relevant, but I have another debt with HSBC that also appears to have been assigned to Arrow, but is not covered in this claim.

Hi welcome to LB.
Unless you are in Scotland the Limitation period is six years?

No Payment or written acknowledgment made?

nem

[jakeusticus]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

Thanks for your help.

I'm in England - it's more likely 4 years, maybe 5 at a push since the last payment was made. Nothing since then however.

[nemesis45]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

Thanks for your help.

I'm in England - it's more likely 4 years, maybe 5 at a push since the last payment was made. Nothing since then however.

Not statute barred I'm afraid.
The claim has added Court Fees and Costs to the balance.
You have done the correct things so far.
Is there any other dispute to the claim.

nem

[jakeusticus]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

Not statute barred I'm afraid.
The claim has added Court Fees and Costs to the balance.
You have done the correct things so far.
Is there any other dispute to the claim.

nem

I don't think it's the court fees though, as another figure is given elsewhere on the claim details which includes court fee £60.00 and Legal representatives costs £70.00 which brings the total amount to £878.96.

The 'amount claimed' and the figure given in the particulars is £748.96, and it is this figure I believe may also be incorrect - the account that I suspect this claim might relate to shows on my credit file as in default for the sum of £618.

So none of the numbers really tie up!

[nemesis45]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

I don't think it's the court fees though, as another figure is given elsewhere on the claim details which includes court fee £60.00 and Legal representatives costs £70.00 which brings the total amount to £878.96.

The 'amount claimed' and the figure given in the particulars is £748.96, and it is this figure I believe may also be incorrect - the account that I suspect this claim might relate to shows on my credit file as in default for the sum of £618.

So none of the numbers really tie up!

I'm not surprised with an AG claim that figures don't add up!!

Well not being able to reconcile the figures can be put in the defence and you require proof of the amount claimed
and how it is arrived at.
nem

[jakeusticus]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

Thanks for that.

So do I now wait for a response to the other letters before I put in a defence? And what if one isn't forthcoming?

I really appreciate all your help!

[nemesis45]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

Thanks for that.

So do I now wait for a response to the other letters before I put in a defence? And what if one isn't forthcoming?

I really appreciate all your help!

Lets see what comes out of the CCA request, meanwhile think of anything that might be used in defence.

nem

[jakeusticus]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

Hello again, hope you've all had a great Christmas.

So having sent off the CCA and CPR letters, I've received what I guess is a standard response from Shoosmiths saying they will request the documents from their client. No mention of timescales, and they also 'suggest I enter my defence as per the court timescales'

No response whatsoever from Arrow. This is day 13 since posting the letter.

So, next steps? I have to enter my defence by the 3rd January.

Any help much appreciated
Thanks

[jakeusticus]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

[MENTION=55034]nemesis45[/MENTION] I know you must be a busy guy, least of all at this time of year.. Would appreciate it if you get a chance to look in here though

[nemesis45]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

Hello again, hope you've all had a great Christmas.

So having sent off the CCA and CPR letters, I've received what I guess is a standard response from Shoosmiths saying they will request the documents from their client. No mention of timescales, and they also 'suggest I enter my defence as per the court timescales'

No response whatsoever from Arrow. This is day 13 since posting the letter.

So, next steps? I have to enter my defence by the 3rd January.

Any help much appreciated
Thanks

Hi, let's take a look!

Shoosmiths are one of a tiny number of " debt collection solicitors " which will attempt to fulfil a CPR 31.14 request on small claim. 7 days is the timescale there is no sanction for non compliance.

Do not chase the CCA request non compliance renders the debt unenforceable until the agreement is supplied.

The time scale is 12 + 2 Working days from the date the claimant receives the request ( all Bank Hols and weekends don't count)

Take a look around some threads with defences so that you can get an idea of content and format then make a draft and post it here,
the we can go through it with you.

nem

[jakeusticus]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

So I still haven't received anything at all from Arrow, and am waiting on Shoosmiths for an undisclosed length of time to provide documents requested in my CPR letter.

I need to enter a defence by tomorrow, thinking of going with the following borrowed from here:

1: I received the claim B0BA0J4X from the Northampton County Court on 16th December 2015.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a credit card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from HSBC to Arrow Global Ltd on 28/03/14. The Defendant does not recall receiving notice of this assignment.

7. It is denied that HSBC served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 17th December 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Shoosmiths LLP. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Shoosmiths LLP has not sent any of these documents to me.

10. On the17th December 2015 I sent a formal request for a copy of the original agreement to Arrow Global Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply withs 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....



- - - Updated - - -

I'm guessing the above is all standard but if anyone has any amendments/suggestions please do let me know?

Many thanks

[jakeusticus]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

[MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

So I still haven't received anything at all from Arrow, and am waiting on Shoosmiths for an undisclosed length of time to provide documents requested in my CPR letter.

I need to enter a defence by tomorrow, thinking of going with the following borrowed from here:

1: I received the claim B0BA0J4X from the Northampton County Court on 16th December 2015.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a credit card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from HSBC to Arrow Global Ltd on 28/03/14. The Defendant does not recall receiving notice of this assignment.

7. It is denied that HSBC served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 17th December 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Shoosmiths LLP. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Shoosmiths LLP has not sent any of these documents to me.

10. On the17th December 2015 I sent a formal request for a copy of the original agreement to Arrow Global Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply withs 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....



- - - Updated - - -

I'm guessing the above is all standard but if anyone has any amendments/suggestions please do let me know?

Many thanks

Good going Jake!!

There's little more you can do or at this stage.

nem

[Kati]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

@nemesis45

[MENTION=55034]nemesis45[/MENTION] is online now so I'll :bump: him again (although it reads fine to me) xx