• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

ARROW GLOBAL LIMITED v GIZMO&LOGAN

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Gizmo&Logan
    started a topic ARROW GLOBAL LIMITED v GIZMO&LOGAN

    ARROW GLOBAL LIMITED v GIZMO&LOGAN

    Hello all,

    Sadly I have the need to ask for some assistance with a recent County Court Claim that landed on my doormat this morning...

    I have filed an AOS using the online MCOL service today.

    Issue Date:

    06/07/2016

    Claimant:
    ARROW GLOBAL LIMITED
    20-22 BEDFORD ROW
    LONDON
    WC1R 4JS

    Address to send documents:

    RESTONS SOLICITORS LIMITED
    TRINITY CHAMBERS
    800 MANDARIN COURT
    WA1 1GG

    Particulars of Claim:
    The claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and HSBC dated on or about Dec 23 1998 and assigned to the claimant on Mar 28 2014.
    Particulars a/c no - XXXXXX/XXXXXXXX
    Date 16/02/2016 Item Default Balance Value 293.76
    Post Refrl Cr Nil
    Total 293.76


    I have checked my credit report (through Clear Score) and do not recognise this debt as it is not included on the report.
    I have ordered my 2 report from Experian which should arrive in the next week and will check this also.

    What I am confused about is the fact that this was from 1998 and only now in 2016 are they calling this in, is that even allowed?
    As I have already stated above, I have filed my AOS and wish to fully defend this claim with a view to seeking further confirmation from the claimant that I owe this money.

    Any assistance about what to do next will be greatly appreciated, also I'm worried now because in 30 days I fly to America and wonder if when I get back I might have missed an opportunity to prevent this being filed against me by default.

    Any assistance is truly welcome.

    Thanks in advance.

    R
    Tags: None

  • Gizmo&Logan
    replied
    Re: ARROW GLOBAL LIMITED v GIZMO&LOGAN

    Originally posted by nemesis45 View Post
    There is absolutely no reason to withhold signatures and there never has been really, the is no obligation to sign a CCA request but in both cases the Data Controller of the recipient must ensure that there are no breaches of the Data Protection Act 1998 to ensure that all documents go to the person entitled to receive them.
    As long as you keep a complete checkable record of all communications (printable) as you may need to produce them in court.

    Telephoning is not recommended.

    nem
    Message received and understood, it's a fair comment and something I'll rectify today.

    Thanks again for your help.

    R

    Leave a comment:


  • nemesis45
    replied
    Re: ARROW GLOBAL LIMITED v GIZMO&LOGAN

    Originally posted by Gizmo&Logan View Post
    Nem, thank you ever so much! I'll send this letter today.

    I did get a response from them stating they want to verify my ID because there was no signature on the CPR 13.14 request. Was I right to omit this?

    I have since confirmed that my email address is private and any emails from me would only be from me, so would it suffice if any further contact came via email?

    Thanks
    There is absolutely no reason to withhold signatures and there never has been really, the is no obligation to sign a CCA request but in both cases the Data Controller of the recipient must ensure that there are no breaches of the Data Protection Act 1998 to ensure that all documents go to the person entitled to receive them.
    As long as you keep a complete checkable record of all communications (printable) as you may need to produce them in court.

    Telephoning is not recommended.

    nem

    Leave a comment:


  • Gizmo&Logan
    replied
    Re: ARROW GLOBAL LIMITED v GIZMO&LOGAN

    Originally posted by nemesis45 View Post
    Hello R,
    You could send the following to Restons.

    FAO The Principal Solicitor
    Restons Solicitors.
    usual address:

    Date:

    Ref: CC Claim No. :
    Your Client Arrow Global.

    Sir/Madam

    I refer to a conversation with xxxxxxx of your staff and the claim that a payment of x .xx was made to the alleged debt on date............................: Please note that I have not made any such payment nor have I authorised any 3rd party to make any payments at any time.

    I am sure your are aware that the onus of providing unequivocal proof that any such payment was indeed made falls entirely upon your client, such proof must include : The exact date of payment, the method of payment i.e. debt card/ cheque/ postal order etc., and the name of the person making the alleged payment, please also provide the name of the company to which the alleged payment was made.
    I am still awaiting the documents requested via CPR 31.14 I am sure you are aware that this still applies to this claim as it has not been allocated to any track.

    For clarification I have not had an account with HSBC that had any form of overdraft facility and I require evidence of the existence any such account.

    Therefore I maintain my stance that this alleged debt is statute barred no payment or written acknowledgment have been made by me I'm more than 6 years.

    Yours etc.

    A SAR will only provide data held by Restons since the account was passed to Restons likely to be very little waste of a tenner imo.

    A call to HSBC may bring forth some info it's worth a try.

    nem
    Nem, thank you ever so much! I'll send this letter today.

    I did get a response from them stating they want to verify my ID because there was no signature on the CPR 13.14 request. Was I right to omit this?

    I have since confirmed that my email address is private and any emails from me would only be from me, so would it suffice if any further contact came via email?

    Thanks

    Leave a comment:


  • nemesis45
    replied
    Re: ARROW GLOBAL LIMITED v GIZMO&LOGAN

    Originally posted by Gizmo&Logan View Post
    Hello Nem,
    Thanks for the quick reply.

    I did have an account with HSBC but no overdraft facility. I have (to my knowledge) never made any payments to HSBC and definitely nothing to Arrow Global.


    In terms of discovering this information, I do I compel Arrow/Restons to provide proof that a payment was made? Also, do I need to send a SAR to Restons?

    Thanks,
    R
    Hello R,
    You could send the following to Restons.

    FAO The Principal Solicitor
    Restons Solicitors.
    usual address:

    Date:

    Ref: CC Claim No. :
    Your Client Arrow Global.

    Sir/Madam

    I refer to a conversation with xxxxxxx of your staff and the claim that a payment of x .xx was made to the alleged debt on date............................: Please note that I have not made any such payment nor have I authorised any 3rd party to make any payments at any time.

    I am sure your are aware that the onus of providing unequivocal proof that any such payment was indeed made falls entirely upon your client, such proof must include : The exact date of payment, the method of payment i.e. debt card/ cheque/ postal order etc., and the name of the person making the alleged payment, please also provide the name of the company to which the alleged payment was made.
    I am still awaiting the documents requested via CPR 31.14 I am sure you are aware that this still applies to this claim as it has not been allocated to any track.

    For clarification I have not had an account with HSBC that had any form of overdraft facility and I require evidence of the existence any such account.

    Therefore I maintain my stance that this alleged debt is statute barred no payment or written acknowledgment have been made by me I'm more than 6 years.

    Yours etc.

    A SAR will only provide data held by Restons since the account was passed to Restons likely to be very little waste of a tenner imo.

    A call to HSBC may bring forth some info it's worth a try.

    nem

    Leave a comment:


  • Gizmo&Logan
    replied
    Re: ARROW GLOBAL LIMITED v GIZMO&LOGAN

    Originally posted by nemesis45 View Post
    Hi Restons client has to prove that such a payment was made and made by you or an authorised representative.

    Did yo have an account with the original creditor + an overdraft??

    nem
    Hello Nem,
    Thanks for the quick reply.

    I did have an account with HSBC but no overdraft facility. I have (to my knowledge) never made any payments to HSBC and definitely nothing to Arrow Global.


    In terms of discovering this information, I do I compel Arrow/Restons to provide proof that a payment was made? Also, do I need to send a SAR to Restons?

    Thanks,
    R

    Leave a comment:


  • nemesis45
    replied
    Re: ARROW GLOBAL LIMITED v GIZMO&LOGAN

    Originally posted by Gizmo&Logan View Post
    Good Morning 'Legal Beagles',

    I've just got off the phone to Restons who have stated the following:

    * They are not going to comply with the request I made as the letter wasn't signed
    * If I require any details I need to formally request them attaching the appropriate fee
    * They also stated the default was issued 7th April 2008 but last payment was made 18th August 2010 for 6.31

    So in a nutshell, there is spurious payment for 6.31 of which I have never made so this is completely fabricated and curious how it falls just inside the 6 years before it becomes SB.

    What should I use to request all the details from them and which fee is payable?

    Also, how am I supposed to prove I haven't made a payment to them?

    The stress levels are starting to rise now

    Any help will be greatly appreciated.

    Thanks

    R
    Hi Restons client has to prove that such a payment was made and made by you or an authorised representative.

    Did yo have an account with the original creditor + an overdraft??

    nem

    Leave a comment:


  • Kati
    replied
    Re: ARROW GLOBAL LIMITED v GIZMO&LOGAN

    @nemesis45 @Amethyst [MENTION=87380]Diana M[/MENTION]

    Leave a comment:


  • Gizmo&Logan
    replied
    Re: ARROW GLOBAL LIMITED v GIZMO&LOGAN

    Also, for got to mention that they state this is an overdraft.

    Leave a comment:


  • Gizmo&Logan
    replied
    Re: ARROW GLOBAL LIMITED v GIZMO&LOGAN

    Good Morning 'Legal Beagles',

    I've just got off the phone to Restons who have stated the following:

    * They are not going to comply with the request I made as the letter wasn't signed
    * If I require any details I need to formally request them attaching the appropriate fee
    * They also stated the default was issued 7th April 2008 but last payment was made 18th August 2010 for 6.31

    So in a nutshell, there is spurious payment for 6.31 of which I have never made so this is completely fabricated and curious how it falls just inside the 6 years before it becomes SB.

    What should I use to request all the details from them and which fee is payable?

    Also, how am I supposed to prove I haven't made a payment to them?

    The stress levels are starting to rise now

    Any help will be greatly appreciated.

    Thanks

    R
    Last edited by Gizmo&Logan; 22nd July 2016, 10:17:AM. Reason: UPDATE

    Leave a comment:


  • Gizmo&Logan
    replied
    Re: ARROW GLOBAL LIMITED v GIZMO&LOGAN

    Hello,

    I've just confirmed my letter (CPR 31.14) to Restons has been received and signed for.

    I've also done some deeper research on a previous credit report way back from 2008 which shows a default notice for a HSBC debt as 04/2008, but this was for a larger amount, other than that there are no other records on my credit report from old, or indeed nothing on the new report which I have again checked today.

    I can also confirm I have not acknowledged nor paid towards the debt being claimed for, and wonder if this is statute barred as it's easily over 6 years!

    Do I need to wait for a reply from Restons, or can I simply go straight in with a SB letter?

    Thanks,

    R

    Leave a comment:


  • Gizmo&Logan
    replied
    Re: ARROW GLOBAL LIMITED v GIZMO&LOGAN

    Hello Spieges,

    Thanks for the quick reply, it's so refreshing to know there are volunteers willing to help absolute strangers, my faith in humanity is restored.

    I can confirm this account was set up before the age of 18, so there wasn't an O/D facility available to me. I do remember back in 2005/06 opening a new account with HSBC with a view to moving all my Income/Outgoings as I was in dispute with Natwest over some unfair bank charges, but I never actually used it in the end. I do vaguely remember getting a letter from one company saying they couldn't collect a direct debit because it was rejected by the bank (I had switched this D/D over to HSBC, but then moved it back to Natwest after missed payment). Perhaps an oversight on my part for an unpaid direct debit charge? If this was true, then this is from 2006, so still 10 years ago.

    I can also confirm I have never paid a bean to this debt, nor acknowledged it's existence. All the problems seem to have risen since getting a new credit card for my holiday, perhaps kicking a hornets nest from the past??

    I will submit a CPR 31.14 accordingly, but not sure how to investigate the statue barred aspect (other than it's non existence from my credit report). Is there some form of template letter which I could request any information pertaining to me in respect of this debt?

    I do take your point regarding paying off the debt, and would do so if I believed this was something that genuinely belonged to me and if it's being legally recovered and not just a debt collection agency 'winging it' in a hope that I ignore it.

    Thank you again for taking the time to review this case, it's very much appreciated as it's one less stress to worry about before I fly to America with the family.

    Thanks,

    R

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Re: ARROW GLOBAL LIMITED v GIZMO&LOGAN

    Originally posted by Gizmo&Logan View Post
    Hello all,

    Sadly I have the need to ask for some assistance with a recent County Court Claim that landed on my doormat this morning...

    I have filed an AOS using the online MCOL service today.

    Issue Date:

    06/07/2016

    Claimant:
    ARROW GLOBAL LIMITED
    20-22 BEDFORD ROW
    LONDON
    WC1R 4JS

    Address to send documents:

    RESTONS SOLICITORS LIMITED
    TRINITY CHAMBERS
    800 MANDARIN COURT
    WA1 1GG

    Particulars of Claim:
    The claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and HSBC dated on or about Dec 23 1998 and assigned to the claimant on Mar 28 2014.
    Particulars a/c no - XXXXXX/XXXXXXXX
    Date 16/02/2016 Item Default Balance Value 293.76
    Post Refrl Cr Nil
    Total 293.76

    I have checked my credit report (through Clear Score) and do not recognise this debt as it is not included on the report.
    I have ordered my 2 report from Experian which should arrive in the next week and will check this also.

    What I am confused about is the fact that this was from 1998 and only now in 2016 are they calling this in, is that even allowed?
    As I have already stated above, I have filed my AOS and wish to fully defend this claim with a view to seeking further confirmation from the claimant that I owe this money.
    1998 would be the date when you opened the account, and there is no limitation regarding account opening dates.

    What matters is how long ago you last made a payment into this account. From the particulars of claim, it looks like an overdraft on a current account you had with HSBC. If so, do you recall when you last used this account? With overdrafts, the limitation period starts to run when the bank recalls the overdraft rather than the date of last payment. With small amounts like this that often build up purely from bank charges, that may not be for several months or even a year.

    If there's nothing on your credit report, it could be because the default was recorded over six years ago. That doesn't necessarily mean the debt is statute barred though. You need to find out a bit more about the history of this account.
    Originally posted by Gizmo&Logan View Post
    Any assistance about what to do next will be greatly appreciated, also I'm worried now because in 30 days I fly to America and wonder if when I get back I might have missed an opportunity to prevent this being filed against me by default.

    Any assistance is truly welcome.

    Thanks in advance.

    R
    You will need to submit a defence before you fly, you have 28 days from date on claim (+5 extra days for service) to file it. If this was a current account, the CCA request would not apply but you could still send the CPR 31.14 request, even when Restons will argue it's going to be a small claim and does not apply.

    In the event judgment against you was entered because you didn't file a defence in time, you could still pay it in full within one month to avoid it going on record. It's worth taking this into account with relatively small amounts like this one, because a CCJ can seriously impact many parts of your life and not just obtaining credit in the future.

    I'd start looking at whether this debt could be statute barred, that means six years without payment or written acknowledgment, from the time HSBC recalled the overdraft (I'm going on the assumption this was an O/D unless you know otherwise).

    Leave a comment:

View our Terms and Conditions

LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

Announcement

Collapse
1 of 3 < >

Support LegalBeagles


Donate with PayPal button

LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

2 of 3 < >

SHORTCUTS

Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
3 of 3 < >

Need Formal Help?




Search and Compare fixed fee legal services and find a solicitor near you.

Find a Law Firm


See more
See less

Court Claim ?

Guides and Letters
Loading...



Search and Compare fixed fee legal services and find a solicitor near you.

Find a Law Firm


Working...
X