Arrow Global Court Action

[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

[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

[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 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 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.

[Amethyst]

Re: Arrow Global Court Action

Also, as well as the actual amount of the claim, can you confirm when you stopped making payments on this loan? If it was taken out in 2004 and was payable over 5 years you'd have defaulted before 2009 to have this claim against you so you could have a defence of time barred as well.

[NWHC]

Re: Arrow Global Court Action

Thanks Nem
It wasn't clear, and I think it still needs confirming if that was the value of the claim or the original loan value , particularly as there is also mention of a figure for insurance.
As I suggested if it is over £10K Coop needs to be particularly careful that they do not end up with a substantial costs order if they lose

[nemesis45]

Re: Arrow Global Court Action

Hello COOP,
Responding to your PM.

Arrow Global have taken quite a few claims in house in recent weeks.

It's anybody's guess why, they have mentioned a " specialist litigation team" recently what that
consists of I have no idea.

I've seen some awfully bad claims issued by AG in the past so it makes me wonder if Restons have
returned claims to AG fir this reason.
nem

- - - Updated - - -

Coop
I know you haven't actually said but what does the claim form say and how much is it for, it could have a major impact on what advice is given

Post#1 £12.03K

nem

[NWHC]

Re: Arrow Global Court Action

Coop
I know you haven't actually said but what does the claim form say and how much is it for, it could have a major impact on what advice is given

[Amethyst]

Re: Arrow Global Court Action

lol here

[MIKE770]

Re: Arrow Global Court Action

Please see attachment change of solicitor.

Restons replied this morning Saturday 23rd to say they are no longer instructed to act by Arrow and reply direct to them in the future.

Kind Regards.

Its an upside down world aint it?

[Coop]

Re: Arrow Global Court Action

Please see attachment change of solicitor.

Restons replied this morning Saturday 23rd to say they are no longer instructed to act by Arrow and reply direct to them in the future.

Kind Regards.

[Coop]

Re: Arrow Global Court Action

Please see attached pdf files. Please see template letters sent to Arrow and Restons.
Thank you Nemesis

---------------------------

Arrow letter sent. Documents they sent back to me up-loaded attached.

BELVEDERE
12 BOOTH STREET
MANCHESTER
M2 4AW
Dear Sir/Madam
Re:− Account Number
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,


-------------------------------------------

Restons Letter sent- No reply.

DATE 4th January 2015
----------------------------------------------
CLAIMANT-ARROW GLOBAL LIMITED
BELVEDERE
12 BOOTH STREET
MANCHESTER
M2 4AW


Dear Sir/Madam
Re:− Account Number
Claim Number:
Request for documents mentioned in a statement of case under CPR 31.14
On /12/2015 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 - Egg Contract -a/c no-
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

[NWHC]

Re: Arrow Global Court Action

Something that you MUST be aware of
If the claim is for over £10000 you can and will have costs awarded against you if you lose, these can be substantial.
It must not be treated in the same way as a small claim which is what most claims on here are

The fact arrow global deny they are the creditor is wrong there is case law to say otherwise

There are some good solicitors about who may help you on a no win no fee basis

[nemesis45]

Re: Arrow Global Court Action

Thank you I sent postal orders to both parties, I will contact you tomorrow thanks again

I'll watch out for the tag

nem