Arrow Global Court Action

[Coop]

Re: Arrow Global Court Action

Hi I am not sure when the last payment was made as they have not sent me that information The loan as it stands states I now owe £7900 as I mentioned early insurance was also put on that loan. I have checked my credit report and this debt is not listed. All arrow have sent me is the attached documents do I need to ask for statements and terms and conditions
Thanks for all your help
Coop.

[Noah]

Re: Arrow Global Court Action

Hi Coop
When you received the reply to the S78 request it should have included several things
I am not sure exactly but they include
A copy of the agreement that you signed
Any terms and conditions that were relevant to the agreement ( a mistake often made is that the agreement will mention clause xyz and there not be a clause x y or z in the terms

A balance of account, that is just an amount saying how much you owe

As the account is from 2002 they need to include all the prescribed terms, again I am not 100% sure but if you can scan it up (removing any identifying details) and post it I am sure someone will tell you if it is enforceable.
One point, some people seem to scribble out details with a pen so we can not see them, if you are going to do this , keep the original and copy it then scribble out on the copy and scan that

Hope that helps

Good its not over 10K, mine was

[Coop]

Re: Arrow Global Court Action

Hi Noah, I have put attachments up on the earlier posts in the thread, I did not receive any terms or conditions, any advice you can give would be appreciated
Thank you

[Noah]

Re: Arrow Global Court Action

Hi
I am sorry I didn't see them, well the agreement seems to me like a load of rubbish. There are no clause 7 8 9

One thing you need to be able to say is that when you signed it they were not included

I don't have any legal expertise like many on here but I would think you have a good chance of seeing them off at the pass.


It may be worth you seeing how much a solicitor would charge you to run their eye over either your defence or your witness statement when the time comes. Of course that is up to you and depends on if you can afford it and /or how important it is to you to win

I had a c;laim against me and am now looking at bankruptycy just to piss the creditors off

[Amethyst]

Re: Arrow Global Court Action

Hi I am not sure when the last payment was made as they have not sent me that information The loan as it stands states I now owe £7900 as I mentioned early insurance was also put on that loan. I have checked my credit report and this debt is not listed. All arrow have sent me is the attached documents do I need to ask for statements and terms and conditions
Thanks for all your help
Coop.

Hi Coop,

Thanks for that, so the claim is just under £8k, so small claims, it has fallen off your credit file and is likely to be statute barred. The original loan included £2k odd of PPI which you haven't reclaimed, and the agreement they have sent is incomplete so they have failed to comply with the CCA.

Just going to read back through your thread so I know exactly where things are at xxx

[Amethyst]

Re: Arrow Global Court Action

You've already submitted your defence based on the lack of agreement so you MIGHT need to amend, however you haven't yet had a directions questionnaire from the court? so I'd wait for that before doing anything court wise... not sure how long ago you put in your defence but once that's been in for a month, if you don't hear from the court worth giving them a call and seeing if the claimant has responded to the defence, Other than the change of solicitor.
May be worth posting up what you did send as defence just so we know if there is any remedial work wanted before directions w's.

Yes we should write back to the claimant about the docs and bringing up stat barred, will give you a hand tmw xxx

[Coop]

Re: Arrow Global Court Action

Hi Amethyst my defence was put in four weeks ago. My defence was that I had no paperwork to prepare anything as I was waiting for documents from arrow. I have since received these and have put them on the thread as attachments. I have not claimed any PPI on this debt. Could you please advise me on the next step I should take. I really appreciate everyone's help. I am going to work now but will check back on the thread when I get home. Once again thank you.

[Amethyst]

Re: Arrow Global Court Action

Okay, could you give the court a call today as you should have had a directions questionnaire by now really so see if the case has been put on hold - then we know what to reply to the letter with the documents.

[Coop]

Re: Arrow Global Court Action

Hi Amethyst, I have just spoken with the court and as of Monday just gone the case is stayed. However she did say they have a backlog from the 20th of January and could not be sure if they had been in contact yet she mentioned something about 33 days so that would take the day to Saturday this week.
Thanks

[Amethyst]

Re: Arrow Global Court Action

Good stuff. If they haven't yet been in touch with the court they will have to apply for the stay to be lifted before proceeding. I'll try put a letter in response to their documents letter together today xxx

[Amethyst]

Re: Arrow Global Court Action

Okay something along these lines ( others may want to add/change stuff [MENTION=55034]nemesis45[/MENTION] )


Dear Arrow

Thank you for your letter dated xxxxxx 2016.

I confirm receipt of your notice of change of solicitor and further correspondence will be sent to Arrow Global Limited, 20-22 Bedford Row, London WC1R 4JS.

I also confirm receipt of a document provided in response to my formal request for a copy of the agreement which is the subject of the claim, pursuant to s.77 of the Consumer Credit Act 1974. This document is incomplete and thus does not satisfy your obligations under s.771) CCA 1974 and pursuant to s.77(4) CCA 1974 you continue to be unable to enforce the agreement.

You have not yet provided the full credit agreement, nor shown that this account was in default nor how any sum claimed has been calculated.

Additionally I now believe that this claim is time barred pursuant to section 5 of the Limitation Act 1980. I have made no acknowledgment of any debt, nor made any payment on any debt in relation to the alleged agreement with Egg nor any third party since XXXXX 2007.

I also note that the agreement shows an additional sum loaned for 'Loan Payment Protection'. I have no prior knowledge of this and will be investigating whether this protection had been missold.

You will be aware that the case is currently stayed in the Northampton County Court Business Centre as you failed to respond to the court following receipt of my defence. This means you will need to apply to the court to lift that stay before the case may proceed. Should you make an application to proceed I will ask the court allow me to amend my defence to add the above points and clarify my position with regards the documents you have provided.

I look forward to hearing from you regarding your intentions.

Kind regards
xxxxx

[nemesis45]

Re: Arrow Global Court Action

[QUOTE=Amethyst;615810]Okay something along these lines ( others may want to add/change stuff @nemesis45 )


Dear Arrow

Thank you for your letter dated xxxxxx 2016.

I confirm receipt of your notice of change of solicitor and further correspondence will be sent to Arrow Global Limited, 20-22 Bedford Row, London WC1R 4JS.Seems this is coming from the Manchester Office?

I also confirm receipt of a document provided in response to my formal request for a copy of the agreement which is the subject of the claim, pursuant to s.77 of the Consumer Credit Act 1974. This document is incomplete and thus does not satisfy your obligations under s.771) CCA 1974 and pursuant to s.77(4) CCA 1974 you continue to be unable to enforce the agreement.

You have not yet provided the full credit agreement, nor shown that this account was in default nor how any sum claimed has been calculated.

Additionally I now believe that this claim is time barred pursuant to section 5 of the Limitation Act 1980. I have made no acknowledgment of any debt, nor made any payment on any debt in relation to the alleged agreement with Egg nor any third party since XXXXX 2007.

I also note that the agreement shows an additional sum loaned for 'Loan Payment Protection'. I have no prior knowledge of this and will be investigating whether this protection had been missold.

You will be aware that the case is currently stayed in the Northampton County Court Business Centre as you failed to respond to the court following receipt of my defence. This means you will need to apply to the court to lift that stay before the case may proceed. Should you make an application to proceed I will ask the court allow me to amend my defence to add the above points and clarify my position with regards the documents you have provided.

I look forward to hearing from you regarding your intentions.
Yours faithfully.

xxxxx

Nice letter!!

nem

[Coop]

Re: Arrow Global Court Action

Hi
I can't believe it I have checked the online court today and a DQ is being issued, where do I go from here do I still send the template posted sorry for being so naive
Thank you

[nemesis45]

Re: Arrow Global Court Action

Hi
I can't believe it I have checked the online court today and a DQ is being issued, where do I go from here do I still send the template posted sorry for being so naive
Thank you

Yes send the letter ASAP by signed for post.
Remember the court processes continue what ever is going on the background.

nem

[NWHC]

Re: Arrow Global Court Action

Remember that it only needs to be signed for and not 'special' . Signed for costs about 90p on top of normal postage