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Reston/Arrow Global

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  • GSDgirl
    started a topic Reston/Arrow Global

    Reston/Arrow Global

    Hi

    Please hep me. I came home yesterday to a court claim. Claimant Arrow Global and the Solicitors Restons. I had two previous correspondance from this solicitors which I ignored as I had no idea who they were and thought that this may be some sort of scam as I do not remember owing them money. Particulars state:
    " The claimant claims payment of the overdue balance due from the defendent under a contract between the defendant and Santander. dated on or about Aug 24 2007 and assigned to the claiment on May 10 2013.

    I really do not know what this is about. I was living elsewhere at the time also. Please advise as I apparently owe nearly a thousand pounds. I had a bit of debt a while back but due to redundancy paid my creditors off. I have since sold my house due to divorce and now rent. I cannot afford this.
    Tags: None

  • Diana M
    replied
    Re: Reston/Arrow Global

    Originally posted by GSDgirl View Post
    I have now received a letter from arrow.
    At the risk of stating the obvious, that letter from Arrow requires no response.

    You have filed your Defence (which was maybe a little bit minimal )

    The next step in the legal procedure is the Claimant has to inform the court of their intention to proceed or not. If they don't do that by the 28 day deadline then the claim is stayed.

    Di

    Leave a comment:


  • charitynjw
    replied
    Re: Reston/Arrow Global

    Originally posted by Diana M View Post
    In which case the Defendant could make an application to have the claim struck out. However if it's been stayed for over 4 years there must be a reason, and that reason is probably that the Claimant hasn't got the paperwork.

    I agree with letting sleeping dogs lie, but of course that prevents the debt from ever becoming SB.

    Di
    Lol!

    In which case, no-one has the paperwork.
    The defendant can't find half of his, & the court apparently destroys their files after 3 years (or so CCBC told me....they certainly can't find anything; they've now carried out 2 searches).

    Leave a comment:


  • GSDgirl
    replied
    Re: Reston/Arrow Global

    Thanks all.
    I really appreciate your informal advice. This stuff is so scary.

    Leave a comment:


  • Diana M
    replied
    Re: Reston/Arrow Global

    Originally posted by charitynjw View Post
    I know of at least 2 that were just stayed after no reply to the defendant's filed defence. (One has been stayed for over 4 years now.........
    In which case the Defendant could make an application to have the claim struck out. However if it's been stayed for over 4 years there must be a reason, and that reason is probably that the Claimant hasn't got the paperwork.

    I agree with letting sleeping dogs lie, but of course that prevents the debt from ever becoming SB.

    Di

    Leave a comment:


  • Diana M
    replied
    Re: Reston/Arrow Global

    Originally posted by GSDgirl View Post
    I may have done tbh and it would have been an online banking payment but I have changed banks since then
    You've not pleaded statute barred as part of your Defence (assuming that's your concern over the 79 payment in 2012).

    If you believe it is SB then you will need to amend your Defence.

    Di

    Leave a comment:


  • charitynjw
    replied
    Re: Reston/Arrow Global

    Originally posted by Diana M View Post
    I agree that a claim can be stayed if the Claimant does not respond to a Defence.

    But if a Claimant fails to meet a procedural deadline or comply with a court Order from a DJ then I would expect the sanction to be a strikeout of that claim by the court.

    GSD Girl, a stay is a pause button on legal proceedings. If either party wants to continue they then have to make an application to the court to lift the stay and give their reasons. The longer the stay is in place (years not months) the harder it becomes to get it lifted.

    So call the court to check the status of your claim, but don't worry if they haven't got an instant answer because NCCBC are about 20 days behind with their paperwork at the moment.

    Di
    It would be good if that were so.
    But I know of at least 2 that were just stayed after no reply to the defendant's filed defence. (One has been stayed for over 4 years now.........the defendant doesn't want to poke the sleeping snake, though!)

    Leave a comment:


  • Diana M
    replied
    Re: Reston/Arrow Global

    Originally posted by nemesis45 View Post
    A court can stay (suspend ) claim if for example a claimant does not respond to a defence or fails to meet other deadlines/ does not comply with an order from a judge.
    I agree that a claim can be stayed if the Claimant does not respond to a Defence.

    But if a Claimant fails to meet a procedural deadline or comply with a court Order from a DJ then I would expect the sanction to be a strikeout of that claim by the court.

    GSD Girl, a stay is a pause button on legal proceedings. If either party wants to continue they then have to make an application to the court to lift the stay and give their reasons. The longer the stay is in place (years not months) the harder it becomes to get it lifted.

    So call the court to check the status of your claim, but don't worry if they haven't got an instant answer because NCCBC are about 20 days behind with their paperwork at the moment.

    Di

    Leave a comment:


  • charitynjw
    replied
    Re: Reston/Arrow Global

    Originally posted by GSDgirl View Post
    Hiya
    I may have done tbh and it would have been an online banking payment but I have changed banks since then
    You can obtain records from the previous bank; they usually charge a small fee. (I paid 5 & they sent it to me within a week)

    Leave a comment:


  • nemesis45
    replied
    Re: Reston/Arrow Global

    Originally posted by GSDgirl View Post
    Thanks so much,
    Yes I did send them a letter requesting CCA and sent a copy to Restons. What does stayed actually mean? This letter seems a bit like backtracking.
    xx

    A court can stay (suspend ) claim if for example a claimant does not respond to a defence or fails to meet other deadlines/ does not comply with an order from a judge.

    AG have had a few problems with this specialist legal department since it was setup.

    I suspect another lash up with this.

    As long as they are in default of the CCA request the debt is rendered unenforceable until the agreement or compliant reconstituted one is produced.

    nem

    Leave a comment:


  • GSDgirl
    replied
    Re: Reston/Arrow Global

    Originally posted by nemesis45 View Post
    Arrow Global are a debt purchaser they have shown up with some of these very old cards and a lot were a paperwork disaster.

    What about the 79 payment in 2012? Any recollections as to the payment method etc.?

    nem
    Hiya
    I may have done tbh and it would have been an online banking payment but I have changed banks since then

    Leave a comment:


  • nemesis45
    replied
    Re: Reston/Arrow Global

    Originally posted by GSDgirl View Post
    Hi Nem

    Yes I did, but I thought that I had paid that off many moons ago. I had a redundancy pay out around that time and cleared all cards etc. I have to say this is a surprise as I didn't even recognize Arrow as anyone I had an account with.
    Arrow Global are a debt purchaser they have shown up with some of these very old cards and a lot were a paperwork disaster.

    What about the 79 payment in 2012? Any recollections as to the payment method etc.?

    nem

    Leave a comment:


  • GSDgirl
    replied
    Re: Reston/Arrow Global

    Originally posted by Diana M View Post
    That letter from Arrow admits that they haven't got the documents (Para 5) so have had to ask the original creditor to find them.

    You sent them a s.78 CCA Request didn't you?

    So that letter should really have said that they are unable to comply with your CCA Request and therefore the debt is unenforceable in court, because that is the true situation. How mean-spirited of them not to admit it.

    They confirm that your Defence was filed on 17th July. The court has confirmed that it was received and sent to the Claimant who has 28 days to decided whether they wish to continue with the proceedings or not.

    Their 28 days are up so unless they've informed the court of their intentions the claim will automatically be stayed. Call the court to check the status of your claim.

    If would be foolhardy of them to continue if they haven't got the documents.

    Maybe that's why they say that the claim is now being handled by their "in-house litigation team" meaning Restons Solicitors are no longer instructed

    Di
    Thanks so much,
    Yes I did send them a letter requesting CCA and sent a copy to Restons. What does stayed actually mean? This letter seems a bit like backtracking.
    xx

    Leave a comment:


  • Diana M
    replied
    Re: Reston/Arrow Global

    That letter from Arrow admits that they haven't got the documents (Para 5) so have had to ask the original creditor to find them.

    You sent them a s.78 CCA Request didn't you?

    So that letter should really have said that they are unable to comply with your CCA Request and therefore the debt is unenforceable in court, because that is the true situation. How mean-spirited of them not to admit it.

    They confirm that your Defence was filed on 17th July. The court has confirmed that it was received and sent to the Claimant who has 28 days to decided whether they wish to continue with the proceedings or not.

    Their 28 days are up so unless they've informed the court of their intentions the claim will automatically be stayed. Call the court to check the status of your claim.

    If would be foolhardy of them to continue if they haven't got the documents.

    Maybe that's why they say that the claim is now being handled by their "in-house litigation team" meaning Restons Solicitors are no longer instructed

    Di

    Leave a comment:


  • GSDgirl
    replied
    Re: Reston/Arrow Global

    Originally posted by nemesis45 View Post
    Ok did you have a Debenham 's card possibly managed by GE Capital?

    nem
    Hi Nem

    Yes I did, but I thought that I had paid that off many moons ago. I had a redundancy pay out around that time and cleared all cards etc. I have to say this is a surprise as I didn't even recognize Arrow as anyone I had an account with.

    Leave a comment:

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Income/Expenditure
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