Shoosmiths / Arrow global County court for overdraft

[andyandy]

Hi All,

Received a letter today from the Northampton County court business centre.

Particulars of claim are sum of £10689.66 consequence of overdraft (don't think it was an overdraft to start with, I think it was a loan and overdraft)
Debt assigned to claimant on 13/5/2011 and notice of assignment provided to defendant pursuant to law of property act 1925
payment of the sun has been requested but as at the date hereof refused
The claimant claims £10689.66
C has complied , as far as nessary, with the pre action conduct practise direction

Claimant Arrow Global, address for docs etc Shoosmiths

I think this goes back about 15 years, as far as I know I haven’t acknowledged the debt in 10+ years, I'm fairly sure the details aren't correct as it was loan and not overdraft (though struggling to remeber that far back) think I changed jobs and ended uop not being able to pay at the time

Any advice welcome

[andyandy]

Re: Shoosmiths / Arrow global County court for overdraft

National debtline have suggested I just send a statute barred defence, I have acknolwledged the claim online already, any thoughts?

[Amethyst]

Re: Shoosmiths / Arrow global County court for overdraft

They probably bundled together your loan into your overdraft before selling it to the claimants.

So yes it sounds like you are statute barred ( pursuant to section 5 of the limitations Act 1980 ) but you should still get some back up defence in place in case you made a payment to a debt company in between times or your memories adding a couple years on ( it happens) So I would still send a CCA request to the claimant and a CPR 31.14 request to their solicitors. It is over £10k JUST so could be in the fast track so you could send a further disclosure request for statements showing how the sum claimed has been calculated etc. It is best to get a multilevel defence in incase one part falls down. If the claimant bought the debt and isn't aware it was actually a loan they won't have the documents for the loan.

These are the first steps and links to letters http://www.legalbeagles.info/forums/...it-Court-Claim but add in the one to the solicitors ( the 31.14 ) that the debt is statute barred as well, so they are on notice of that.

[andyandy]

Re: Shoosmiths / Arrow global County court for overdraft

Sent off cca to Arrow global, they have repl;ied with a handwritten note saying they cannot find me on their system !! Can i please supply d.o.b, original account references and previous addresses ! So they are taking me to court but no Idea who I am. I'm assuming as I now have to put in my defence that I have requested docs and shoosmiths haven't replied and Arrow don't know who I am ?

[Amethyst]

Re: Shoosmiths / Arrow global County court for overdraft

lol, such spanners. I would reply with a copy of the claim form if I were you and tell them that is all the information you have about their claim.

[andyandy]

Re: Shoosmiths / Arrow global County court for overdraft

I need to file my defence though, do I out in the statue barred, mentioned my request and say I have resubmitted with the claim form ?

[Amethyst]

Re: Shoosmiths / Arrow global County court for overdraft

I wouldn't mention the response from Arrow in your defence no. And yes add in Statute Barred - do you want to pop a draft of your defence up here before you submit?

[andyandy]

Re: Shoosmiths / Arrow global County court for overdraft

Is there a stastue barred example on here? I haven't got one prepped yet

[Amethyst]

Re: Shoosmiths / Arrow global County court for overdraft

something like

The Defendant contends that the alleged debt is statute barred by virtue of section 5 of the Limitations Act 1980 as there has been no contact with the original creditor or any third party since 2009.

[andyandy]

Re: Shoosmiths / Arrow global County court for overdraft

Thanks, If I reply with this defence how do I find out if they are continuing with the cade, i.e If I need to attend ? I'm assuming I can use the reponse frmo arrow at that point ?

[andyandy]

Re: Shoosmiths / Arrow global County court for overdraft

Arrow have replied saying they are not the creditor as envisaged by the above statue, this acc arose under an iverdraft facility , even is the acc was regulated under the consumer credit act 1974 , part v does not apply to this facility and there will accordingly be no executed agreement.

The fact I have never had an overdraft for 10k means they have must have included a loan ... fingers crossed my defence puts a stop to the case

[Amethyst]

Re: Shoosmiths / Arrow global County court for overdraft

Okay, so they are aware it is an overdraft, however you believe it is a loan that has been merged into an overdraft - do you have an idea how much of the claim has arisen from the loan ?

We should respond to them to that effect - who was the original creditor ( HSBC? etc) Might be worth contacting them and asking them about the loan and overdraft.

[andyandy]

Re: Shoosmiths / Arrow global County court for overdraft

I have no idea, its was perhaps 15 years ago or more, HSBC were the orignal creditor.

[Amethyst]

Re: Shoosmiths / Arrow global County court for overdraft

Okay. Well your defence stands.

So lets respond to the Claimant.

Arrow have replied saying they are not the creditor as envisaged by the above statue, this acc arose under an iverdraft facility , even is the acc was regulated under the consumer credit act 1974 , part v does not apply to this facility and there will accordingly be no executed agreement.

something along these lines.......

Dear Arrow,

Thank you for your letter dated xxxxxxxx in which you state you do not evisage yourself to be the creditor under the Consumer Credit Act 1974.

Respectfully I would disagree. Section 189 of the Consumer Credit Act (the Act) defines the creditor as "the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law ". If it is denied that Arrow Global are the creditor under the Act you are required to pass my request on to the creditor. I would be grateful if you could you confirm on what basis you bring the claim and what rights and duties you have actually been assigned by the creditor, if any.

In addition it is my understanding that the alleged debt claimed by you is made up of an unsecured loan and an overdraft. I therefore require a copy of the agreement for the loan as I am entitled under the Act.

I would also take this opportunity to remind you that this alleged debt is statute barred by virtue of section 5 of the Limitations Act 1980.

Kind regards

xxxxxxxxxxxxxx

[andyandy]

Re: Shoosmiths / Arrow global County court for overdraft

You Sir/Madam (delete as applicable) are a star :tongue2:

Thanks again