Response/Arrow Court Summons

**susiec** · 10th July 2016, 09:02:AM

Re: Response/Arrow Court Summons

Please could you post this in the correct forum for me .
many thanks

**nemesis45** · 10th July 2016, 09:19:AM

Re: Response/Arrow Court Summons

Originally posted by susiec View Post

Good Morning,
i have received Court Papers from Northampton issued by Restons , with Arrow Global as the claimant. They relate to a credit card debt with HSBC "The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and HSBC dated on or about Jan31 2000 and assigned to the Claimant on 13 May 2014"
The amount is 499.58 plus court fees of 35.00 and Solicitors fees of 50.00. The papers are in my previous married name.
The last dealings I had regarding this debt were with HSBC in September 2012 . I was newly widowed at the time and had closed my HSBC current account as a result. I have moved 3 times since that date and am recently remarried (3 months ago) so was completely gobsmacked to receive the summons.
please can I get some advice on how to proceed ?
Many Thanks

Good morning Susiec, welcome to LB.

Ok,

1. Have you acknowledged service of the claim? Online acknowledgment at Money Claim Online.

2. A request for a copy of the HSBC credit card to AG see template for CCA Request in the green box above.
There is a £1 statutory fee to pay, us a postal order and mark it " For Statutory Fee Only" ( make a copy and keep for your records) send this by signed for post, check delivery date and signature print off and keep. AG has 12 + 2 working days to comply. Failure to comply renders the debt unenforceable Until the agreement is provided.

nem

3. A request made under the provisions of Civil Procedure Rule 31.14 (No Fee) to Restons, this is for the documents mentioned in the particulars of claim, in this case The Contract, Notice of Assignment.
I see there no mention of a Default Notice in your post is one mentioned.

Use signed for post as for the CCA request.

**susiec** · 10th July 2016, 10:53:AM

Re: Response/Arrow Court Summons

Thank you nem for your reply.
it only states on the summons that it is a default sum. I can't see a reference to a default notice. Should I acknowledge service online or by post and do I put in a defence now or wait for a response from Arrow & Restons ?
Do I respond in my previous married name and do I sign anything ? Apologies but I'm struggling to get my head around this .....

**nemesis45** · 10th July 2016, 11:03:AM

Re: Response/Arrow Court Summons

Originally posted by susiec View Post

Thank you nem for your reply.
it only states on the summons that it is a default sum. I can't see a reference to a default notice. Should I acknowledge service online or by post and do I put in a defence now or wait for a response from Arrow & Restons ?
Do I respond in my previous married name and do I sign anything ? Apologies but I'm struggling to get my head around this .....

Yes acknowledge online and intention to defend in full. Then 28 days to file defence, which we can help you with.

What name is on the claim form, you can notify a name change to the court and the claimants solicitor.

So Acknowledge service online. State intention to defend. Don't enter Anything in defence at this point.
CCA request to AG
CPR to Solicitors.
( Follow the instructions on the forms in the claim pack.

nem

**susiec** · 10th July 2016, 11:37:AM

Re: Response/Arrow Court Summons

The name on the form is my previous married name. Must I notify a name change ?
do I sign the letters to Arrow and Restons or just print my name.. Is there a template to use for the letter to Restons as well
sorry so many questions.
I do appreciate its Sunday , allegedly a day of rest...
thank you

**nemesis45** · 10th July 2016, 16:05:PM

Re: Response/Arrow Court Summons

Originally posted by susiec View Post

The name on the form is my previous married name. Must I notify a name change ?
do I sign the letters to Arrow and Restons or just print my name.. Is there a template to use for the letter to Restons as well
sorry so many questions.
I do appreciate its Sunday , allegedly a day of rest...
thank you

Hi,

Yes sign the CCA and CPR request there really never has been an reason not to sign.
If you don't notify the change of name it could lead to posted court papers maybe going astray.
All templates are in the same green box.

nem

**susiec** · 23rd July 2016, 21:04:PM

Re: Response/Arrow Court Summons

Update ... Today I received a letter from Arrow stating they don't believe they are the Creditors in this case although that's what was stated on the summons. They have returned my postal order & state the no action will be taken whist the matter is in dispute. They also say they will assist by referring the matter back to the Creditor .... I am confused.
Nothing back from Restons either.
Where do I go from here as I've get to submit a defence.
Any assistance gratefully received

Thank you

**Amethyst** · 24th July 2016, 08:02:AM

Re: Response/Arrow Court Summons

If arrow have purchased the debt then they are the creditor under section 189 of the consumer credit act. You could write to them reminding them of this. But it is normally simply a delaying tactic. If they are the claimants name is on the court form then they must have purchased the debt otherwise they wouldn't be able to bring the claim in their own name.

**nemesis45** · 24th July 2016, 09:28:AM

Re: Response/Arrow Court Summons

Originally posted by susiec View Post

Update ... Today I received a letter from Arrow stating they don't believe they are the Creditors in this case although that's what was stated on the summons. They have returned my postal order & state the no action will be taken whist the matter is in dispute. They also say they will assist by referring the matter back to the Creditor .... I am confused.
Nothing back from Restons either.
Where do I go from here as I've get to submit a defence.
Any assistance gratefully received

Thank you

This a standard AG letter used of many years a load of bowlocks in reality, they have bought the account with all the responsibilities of the original agreement.
Please make sure You keep to the timescales in regard to the court process AG's "no action" is Not a formal extension of time for submitting court papers.
As long as they are in breach of the CCA request the debt remains unenforceable.

nem

**susiec** · 25th July 2016, 06:01:AM

Re: Response/Arrow Court Summons

Thank you both Amethyst and Nem.
As I haven't had a response from Restons do I wait or submit a defence now ? I'm conscious of time and don't want to miss any deadline for submission.
Is there a defence template I can use ?
Again my thanks for your help .

**Amethyst** · 25th July 2016, 06:16:AM

Re: Response/Arrow Court Summons

| Defence Example |

I would add in there about s.189 and the definition of creditor as well.

Originally posted by CCA 1974

“creditor ” means 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, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

**susiec** · 25th July 2016, 22:00:PM

Re: Response/Arrow Court Summons

Thank youAmethyst.
is there a chance they don't have the contract ? i would have signed that back in 2000 in my old married name - which I have not been known by for 12 years. Just a thought ....
I will submit my defence a sap.
Thank you

- - - Updated - - -

Apologies but another question - Restons haven't responded to my request for the contract and assignment. Does that need to be chased up ?

**charitynjw** · 25th July 2016, 22:36:PM

Re: Response/Arrow Court Summons

Originally posted by susiec View Post

Thank youAmethyst.
is there a chance they don't have the contract ? i would have signed that back in 2000 in my old married name - which I have not been known by for 12 years. Just a thought ....
I will submit my defence a sap.
Thank you

- - - Updated - - -

Apologies but another question - Restons haven't responded to my request for the contract and assignment. Does that need to be chased up ?

There is a good chance that Arrow do not have possession of a copy of your agreement.
They are allowed to send a reconstituted version to satify the CCA request; it must be an accurate copy.
They may inform you that they need to source details from the original creditor & will put you on hold.
Disregard this; you must follow the court timetable.
Also, they cannot enforce the claim unless they do fully comply, therefore best not to chase it.

As for the CPR request to Restons, that can be chased after the 7 days if you so wish.

You have 33 days from the court claim issue date (when was that?) to submit your defence.......possibly an extra 28 days if they agree to the extension as per the CPR letter.
Your defence will depend largely on the replies (or lack thereof) of the CCA & CPR letters.

**susiec** · 25th July 2016, 22:52:PM

Re: Response/Arrow Court Summons

Thank you Charity
Court papers received on 9th July - sorry I don't have issue date to hand as keeping all pwk away from home and ( new) husband.
do I need to chase CPR or just submit defence & wait for further communication. I don't want them getting a default judgement through my ignorance of process. .

Response/Arrow Court Summons