County court claim form received

[stevie1961]

Hi,

Yesterday I received a county court claim form for an old debt I don't remember, A few years ago I had bacterial meningitis which hospitalised me and put me in a coma for a few weeks, leaving my memory very poor and off work for a year. I have no recollection of the debt.
There is nothing on my current credit file which I have seen today online, to do with this debt. An old credit file from a few years ago though, shows me defaulting on a credit card on the 8/12/2009 and the defaulted amount of £2026.78.
I've checked back through my bank statements and the last payment was 12/10/2009.
I have had no correspondence with the company and they claim I owe money to the hsbc
The issue date on the court forms is 11/1/2016, Is this debt now statute barred?, and can I use this as a defence?

Thanks in advance for your kind responses
Steve

[nemesis45]

Re: County court claim form received

Hi,

Yesterday I received a county court claim form for an old debt I don't remember, A few years ago I had bacterial meningitis which hospitalised me and put me in a coma for a few weeks, leaving my memory very poor and off work for a year. I have no recollection of the debt.
There is nothing on my current credit file which I have seen today online, to do with this debt. An old credit file from a few years ago though, shows me defaulting on a credit card on the 8/12/2009 and the defaulted amount of £2026.78.
I've checked back through my bank statements and the last payment was 12/10/2009.
I have had no correspondence with the company and they claim I owe money to the hsbc
The issue date on the court forms is 11/1/2016, Is this debt now statute barred?, and can I use this as a defence?

Thanks in advance for your kind responses
Steve

Good evening Stevie, welcome to LB.

If the account no longer appears on your credit file it means it was defaulted more
than 6 years ago, with your evidence that the last payment was made 12. 10 .2009

it seems a payment was made after the account was defaulted. As long as no other
payments were made after 12.10.2009 the debt became Statute Barred in October 2015.

Statute barred is a complete defence.
Some information please:#
Who is the claimant and which solicitor are they using?

You would be best following the following process.

1. Have you acknowledged service of the
claim? If not do so online at MCOL ( Money Claim Online) and state intention
to defend in full.

2. Send a CCA request for a copy of the agreement relevant to the alleged debt to the claimant.
There is a £1 statutory fee to pay, use a Postal Order endorsed " For Statutory Fee Only" the claimant
has 12v+ 2 Working days to Comply. There's a template in the forum library for this. Use signed for post.

3. A request made under the provisions of Civil Procedure Rule 31.14 (no fee) this is for copies of the documents
mentioned in the statement of claim ( nothing else can be requested) this goes to the solicitors by signed for post.
There's a template for this in the forum library. 7 day timescale .

Can you please post up the N1 claim form after removing your personal data first.

I may be able to draft a letter for you to stop this going further once the above has been done.

nem

[stevie1961]

Re: County court claim form received

Good evening Stevie, welcome to LB.

If the account no longer appears on your credit file it means it was defaulted more
than 6 years ago, with your evidence that the last payment was made 12. 10 .2009

it seems a payment was made after the account was defaulted. As long as no other
payments were made after 12.10.2009 the debt became Statute Barred in October 2015.

Statute barred is a complete defence.
Some information please:#
Who is the claimant and which solicitor are they using?

You would be best following the following process.

1. Have you acknowledged service of the
claim? If not do so online at MCOL ( Money Claim Online) and state intention
to defend in full.

2. Send a CCA request for a copy of the agreement relevant to the alleged debt to the claimant.
There is a £1 statutory fee to pay, use a Postal Order endorsed " For Statutory Fee Only" the claimant
has 12v+ 2 Working days to Comply. There's a template in the forum library for this. Use signed for post.

3. A request made under the provisions of Civil Procedure Rule 31.14 (no fee) this is for copies of the documents
mentioned in the statement of claim ( nothing else can be requested) this goes to the solicitors by signed for post.
There's a template for this in the forum library. 7 day timescale .

Can you please post up the N1 claim form after removing your personal data first.

I may be able to draft a letter for you to stop this going further once the above has been done.

nem

Hi Nem and thank you for replying so quick.
I have just this morning acknowledged the claim on the MCOL website, stating that I wish to defend all of the claim.
I'm off on a break for the weekend and will send a cpr and cca immediately on my return on Tuesday morning.

The claimant is Arrow global limited and their solicitors are Shoosmiths LLP

I have now checked all 3 credit reference agencies and there is no record of this debt on any of them.

If you could draft a letter, I would be most grateful. Ever since becoming ill, my thought processes and memory are all confused, It's like thinking through a sea of mud.
I'm very grateful for your help
Cheers,
Steve

[stevie1961]

Re: County court claim form received

CCR REQUEST TO BE SENT TO ARROW GLOBAL?


Mr Steve hill
Address hidden
15/1/2016

Arrow Global limited
20-22 Bedford row
London
WC1R 4JS



Dear Sir/Madam

Re:− Account Number 5434604042723654

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,


Steve Hill

[stevie1961]

Re: County court claim form received

CPR REQUEST TO BE SENT TO SHOOSMITHS

Steve Hill
Address hidden
15/1/2016

Arrow global ltd.
20-22 Bedford row
London
WC1R 4JS

Dear Sirs,

Claim Number: C3BA9385

Request for documents mentioned in a statement of case under CPR 31.14

On 13/1/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 30/01/2016.

1. Assignment
2. Default notice
3. Agreement
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely




Steve Hill

[stevie1961]

Re: County court claim form received

The only account number I can see is the number listed in "particulars of claim", I take it that, that is the account number, I cannot see anything else that could be the number.
Could you please check I have the details correct before posting them
Cheers
Steve

[Celestine]

Re: County court claim form received

If that is the account number they are claiming for then that is what you must put in your letters. There have been many instances where that account number has changed in the long process of debts being sold and passed around....makes it quite tricky for the original creditor to track down any documents!

[nemesis45]

Re: County court claim form received

Hi Nem and thank you for replying so quick.
I have just this morning acknowledged the claim on the MCOL website, stating that I wish to defend all of the claim.
I'm off on a break for the weekend and will send a cpr and cca immediately on my return on Tuesday morning.

The claimant is Arrow global limited and their solicitors are Shoosmiths LLP

I have now checked all 3 credit reference agencies and there is no record of this debt on any of them.

If you could draft a letter, I would be most grateful. Ever since becoming ill, my thought processes and memory are all confused, It's like thinking through a sea of mud.
I'm very grateful for your help
Cheers,
Steve

No problem Steve, got some catching up to do a few probs this am.

enjoy your weekend!

nem

[stevie1961]

Re: County court claim form received

I have managed to get the 2 request letters above printed and in the post before I go away, sent recorded delivery of course.
I've also sent a £1 crossed postal order to Arrow global.

So glad to get that off my mind before I leave, now its just a case of waiting for replies

Thanks again, I'll update the thread when I hear something back, or start my defence before the 28 days are up

[stevie1961]

Re: County court claim form received

I have this morning received a reply from Shoosmiths, stating that they don't have the requested documents but have asked Arrow global to supply them.
The letter also states that in the interim, the case has now been placed on hold, pending receipt of the requested documents. I've uploaded the letter to the thread.
I have not had any correspondence from Arrow global.

1, Do I have to notify the court that the account is on hold?
2, Do I need to chase Arrow Global, or sit back and wait.

Your help is most appreciated.

Cheers,
Steve

[stevie1961]

Re: County court claim form received

This morning I received a reply from Arrow global limited, Which was sent to my previous home address and not my current one, Luckily, my wife still lives there and handed the letter to me.
They state that they don’t believe they are the creditors but will kindly assist in getting the documents from the creditor. They also returned the postal order.
They also state that all collection activity will be suspended, pending them obtaining the requested documents
I have uploaded the letter to this post.
.
As I have checked all 3 credit reference agencies and this debt is not on any of them, should I file my defence of being statute barred or should I wait until either shoosmiths or arrow get back to me with the documents.

Cheers for any help,
Steve

[stevie1961]

Re: County court claim form received

@nemesis45

[Amethyst]

Re: County court claim form received

File your defence, if it is statute barred then add that to the 'lack of documents' defence - http://www.legalbeagles.info/forums/...t-Court-Claims

[stevie1961]

Re: County court claim form received

Thank you @Amethyst,
I have edited and added to the defence template.

Please could you look through it for me, I was a bit confused by section 11 regarding s77 (4) / s 78 (6) Consumer Credit Act 1974, weather I needed to quote both or just one.
Can I also pass on my sincere thanks to all concerned with this site, it has been a great help to me :-)
I've paid a subscription to VIP to help support this great site

Here is my defence.
IN THE NORTHAMTON COUNTY COURT (CCBC)
Claimant
Arrow global ltd.
20-22 Bedford row
London
WC1R 4JS

Defendant

Mr Steve Hill
xxxxxxx
xxxxxx
xxxxxxxxxx
xxxxxxx
--------------------------------------------------------------------------------------------


DEFENCE


-----------------------------------------------------------------------------------------------
1: I received the claim C3BA9385 from the Northampton County Court on 13/01/2015

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 bank ltd. To Arrow global ltd. on 28/03/2014 The Defendant does not recall receiving notice of this assignment.

7. It is denied that HSBC bank ltd 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 15/01/2016 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 the 15/01/2016 I sent a formal request for a copy of the original agreement to Arrow global ltd. pursuant to section 77/78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.


12. The claimant replied to the defendant on 26/01/2016 claiming not to have the requested documents and returned the £1 statutory fee

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.

16. The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

17. The Defendant has not acknowledged the debt in writing in the last six (6) years.

18. The Defendant has not paid any part of this debt in the last six (6) years.

19. Accordingly the Defendant seeks the Claimants claim to be dismissed by the court as the debt is statute-barred under the Limitations Act 1980, Section 5 and the defendant puts the claimant to strict proof

20. 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 .................................................. ....