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

[nemesis45]

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

Hello again @nemesis45

Response from AG today. I'll quote directly:

"The information you requested was held by the original creditor and is available upon request. We are not required to provide a copy of the documents you mention to the court when a claim is issued through the CCBC in Northampton.

We are aware the majority of the letter which you have sent to us is a template letter which is readily available from various internet forums and websites. The websites which provide this template, along with others, are unlicensed and unregulated and often offer advice which may be incorrect or inaccurate. We would suggest that if you require any form of legal assistance that you seek advice from a reputable licensed company.

We enclose:
1. Terms and Conditions
2. Statements of Account
3. Transaction Log

In relation to the default notice, we confirm a copy was sent to you on 12th August 2011.

We also enclose a copy of our directions questionnaire, and confirm we have opted for mediation in relation to settlement of this matter."

So... where do I go from here? Obviously the glaring omission is no mention anywhere of the agreement. The paperwork included was 6 pages of transactions dating from Nov 11. The default date they gave is August 11 but the last payment was made in April, still ruling out statute barred but then I already knew that. I don't know if this is important but it looks like between April and November the account racked up well over £200 in late/missed payment fees plus interest before it was closed!!

They've included a set of Ts&Cs dated 11/9/07 which look to be valid to me but then I'm not too sure what I'm looking for.

As always, any help much appreciated!

Hello Jake I think what you have received is supposed to be a reconstituted agreement in an
attempt to satisfy the CCA request however a recon must have the following elements.

1. Your name and address at it was when the account was opened.

2. The terms and conditions relevant when the account was opened.

3. The terms and conditions relevant at the time the account was closed.

4. Any other documents mentioned in the terms and condition.

6. Any material amendments made to the terms and conditions.

Is the statement a current one signed by an AG company official?

nem

[jakeusticus]

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

Hello Jake I think what you have received is supposed to be a reconstituted agreement in an
attempt to satisfy the CCA request however a recon must have the following elements.

1. Your name and address at it was when the account was opened.

2. The terms and conditions relevant when the account was opened.

3. The terms and conditions relevant at the time the account was closed.

4. Any other documents mentioned in the terms and condition.

6. Any material amendments made to the terms and conditions.

Is the statement a current one signed by an AG company official?

nem

Super-fast response again [MENTION=55034]nemesis45[/MENTION], thank you!

There wasn't anything that I would traditionally call a statement in their pack, and certainly nothing signed by AG. They included 6 pages of transactions, but they don't give the balance on the account, just a dated record of transactions and fees.

The rest of the paperwork consists of a copy of a set of Ts&Cs dated '07 as previously mentioned. Nothing whatsoever that that gives my name and address at all, let alone the address from '08 when the account was opened.

[jakeusticus]

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

I still can't tie up the value of their claim with any records I have. The only account I can think this might relate to is reported on my credit file as having a closing balance of £678. AG are claiming for £748 plus £130 in fees - no mention of having applied interest to the balance in their PoC.

[nemesis45]

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

Super-fast response again @nemesis45, thank you!

There wasn't anything that I would traditionally call a statement in their pack, and certainly nothing signed by AG. They included 6 pages of transactions, but they don't give the balance on the account, just a dated record of transactions and fees.

The rest of the paperwork consists of a copy of a set of Ts&Cs dated '07 as previously mentioned. Nothing whatsoever that that gives my name and address at all, let alone the address from '08 when the account was opened.

Ok Jake the " agreement " does not meet the requirement for a reconstituted agreement.

I suggest the following letter to AG.

FAO the Compliance Officer
Arrow Global

etc


date

Ref : CC Claim N.............................

Re: Reconstituted Agreement.

Sir / Madam.

I refer to your letter dated........................... enclosing documents which it is alleged are the Agreement and Statement of account relative
to the alleged debt from which this claim arises.

Please take note, the documents provided do not as I am sure you are aware meet the requirements of a true copy of an agreement or
a reconstituted agreement and are therefore totally refuted.

The " statement of account" does not meet the requirement laid down in CCA 1974 this too is refuted.

I know suggest that in the interest of saving costs and court time Arrow Global discontinues/ withdraws this
claim.

Should Arrow Global decide to continue the claim it will be robustly defendef.

Your response within 7 days from the date hereon would be appreciated.

Yours etc.

use signed for post.

nem

[jakeusticus]

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

Hello again [MENTION=55034]nemesis45[/MENTION]

So I ended up sending the above as per your advice, and to date I have heard absolutely nothing back from AG regarding this claim. It's been over 3 weeks now since they would have received my response.

Should I be doing anything else? I feel like they're just going to drag this one out as long as they possibly can...

[nemesis45]

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

Hello again @nemesis45

So I ended up sending the above as per your advice, and to date I have heard absolutely nothing back from AG regarding this claim. It's been over 3 weeks now since they would have received my response.

Should I be doing anything else? I feel like they're just going to drag this one out as long as they possibly can...

I get the impression that AG is struggling with litigation after it's reference to its " in house expert litigation team which doesn't seem very expert at all.

Give the court a ring on Monday to see AG have done anything.
Without the agreement they can't enforce the debt.

nem

[jakeusticus]

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

I get the impression that AG is struggling with litigation after it's reference to its " in house expert litigation team which doesn't seem very expert at all.

Give the court a ring on Monday to see AG have done anything.
Without the agreement they can't enforce the debt.

nem

Hi [MENTION=55034]nemesis45[/MENTION]

Just called the court, nothing new to update from AG.

I guess there's probably nothing I can do until they reply, if at all, correct? Could do without this hanging over me waiting for them to get their act together that's all!

Thanks again for all your advice

[nemesis45]

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

Hi @nemesis45

Just called the court, nothing new to update from AG.

I guess there's probably nothing I can do until they reply, if at all, correct? Could do without this hanging over me waiting for them to get their act together that's all!

Thanks again for all your advice

Hello Jake,

No response from AG us not surprising, now they have been advised that their recon agreement is not compliant, their expert " litigation team" has got more than little confused I suspect.
The ball is in their court but keep checking with court.

nem