Amelia33 v Arrow Global - need to submit defence this week

[amelia33]

Claim issued via MCOL on 20 July - acknowledged claim - apparently opened in 2008 -closed 2012 balance 0 -(credit card) opening balance less than 500 pounds - claim issued for nearly 1500 pounds?

appears to be assigned in 2011- according to the court claim but CRA does not give a date for that (??) not aware of this but could have had a letter but do not recall to back then ? was about to come off CRA file shortly - so not sure how it could have been assigned back then?

next step any advice appreciated - p.s. will i have to pay fee to defend this claim?


title should be Amelia33 v Arrow Global - oops

[amelia33]

Re: Amelia33 v Arrow Global - need to submit defence this week

will make request for the agreement as per Amethyst - claim issued by Arrow Global Guernsey Limited - CRA says this was satisfied in 2012 ?

[Kati]

Re: Amelia33 v Arrow Global - need to submit defence this week

title should be Amelia33 v Arrow Global - oops

I've edited the thread so the title's right

will make request for the agreement as per Amethyst - claim issued by Arrow Global Guernsey Limited - CRA says this was satisfied in 2012 ?

Are you sending the CCA and CPR requests? Have you another thread on this?

I'll tag [MENTION=6]Amethyst[/MENTION] and [MENTION=55034]nemesis45[/MENTION] for you xx

[amelia33]

Re: Amelia33 v Arrow Global - need to submit defence this week

Hello thankyou for your reply -

I am going to send the CCA request on Monday - the particulars of claim are written on the claim form - no other particulars received so far - should I have more?

also - no but I have just started a different thread about another debt issue with Lowell

[amelia33]

Re: Amelia33 v Arrow Global - need to submit defence this week

OK - read more here - I will also send the CPR request on Monday!!!

[charitynjw]

Re: Amelia33 v Arrow Global - need to submit defence this week

Defence due latest Mon 22nd August.....no fee.

[amelia33]

Re: Amelia33 v Arrow Global - need to submit defence this week

Defence due latest Mon 22nd August.....no fee.

ok thanks very much for that - I want to defend arguing that I think this was actually satisfied and that I need further information in order to be able to respond to the claim -

is this sufficient?

[charitynjw]

Re: Amelia33 v Arrow Global - need to submit defence this week

Just to recap.

You have received a court claim for an alleged credit card debt that was assigned to Arrow before it was closed off, & you infer that in any event it was satisfied (paid?) in 2012?

[Kati]

Re: Amelia33 v Arrow Global - need to submit defence this week

http://legalbeagles.info/forums/show...t-Court-Claims
This is an example defence ... it's worth going through and adapting it then posting up for comment before you put it in. I'll tag [MENTION=55034]nemesis45[/MENTION] again (he seems to have missed the last one ) xx

[nemesis45]

Re: Amelia33 v Arrow Global - need to submit defence this week

http://legalbeagles.info/forums/show...t-Court-Claims
This is an example defence ... it's worth going through and adapting it then posting up for comment before you put it in. I'll tag @nemesis45 again (he seems to have missed the last one ) xx

Hi, sorry I missed the tag.


The alleged debt and the " paid off" situation I may be wrong but are you referring to an entry on credit reference files showing a "satisfied " marker?
Or did you make payment to clear the debt totally?
If you post up clear details of the debt and what has happened I will assist with your defence.

I going offline for a while but please feel free to tag me and I'll pick up the thread when I get back.

nem

[amelia33]

Re: Amelia33 v Arrow Global - need to submit defence this week

yes I am wondering if this is statute barred and if so would this be from the default date? I am finding defaults quite confusing - I understand a default has to be in a certain format for it to be considered issued correctly - if not so the assume any following action by a DCA would be compromised - I have put in my request for all the information they refer to in the claim, assignment document, agreement, default notice - they also state in their claim that they have complied with 'the pre-action conduct practice direction' - but I have not received any documents?

- - - Updated - - -

thanks - I cannot recall all the details - but credit card possibly paid off by me - also credit file is marked as satisfied marker

checking this over - looks like the marker is 'default satisfied' which I believe may not be same as 'satisfied' as in paid off -

so I will wait for all the information - claim states is a credit card debt for 1289.99 with costs taking it to 1439.99 -
claim states it was assigned to the claimant on 20/12/2011 -notice of which has been provided to the defendant (when?)
also -
a default notice has been served pursuant to the consumer credit act 1974. (when? no dates)

claim states a

[nemesis45]

Re: Amelia33 v Arrow Global - need to submit defence this week

yes I am wondering if this is statute barred and if so would this be from the default date? I am finding defaults quite confusing - I understand a default has to be in a certain format for it to be considered issued correctly - if not so the assume any following action by a DCA would be compromised - I have put in my request for all the information they refer to in the claim, assignment document, agreement, default notice - they also state in their claim that they have complied with 'the pre-action conduct practice direction' - but I have not received any documents?

- - - Updated - - -

thanks - I cannot recall all the details - but credit card possibly paid off by me - also credit file is marked as satisfied marker

checking this over - looks like the marker is 'default satisfied' which I believe may not be same as 'satisfied' as in paid off -

so I will wait for all the information - claim states is a credit card debt for 1289.99 with costs taking it to 1439.99 -
claim states it was assigned to the claimant on 20/12/2011 -notice of which has been provided to the defendant (when?)
also -
a default notice has been served pursuant to the consumer credit act 1974. (when? no dates)

claim states a

Statute Barred in England & Wales in basic terms 6 clear years with no payment or written acknowledgment of a debt, the start date of the relevant 6 years depends on the type of account.

Default /satisfied marker is placed when the debt is sold and the creditor has been be paid by the debt purchaser.

Notice of the assignment from creditor to debt purchaser is sent by either party or both.
It is not necessary to define the date the DN was issued.

nem

[amelia33]

Re: Amelia33 v Arrow Global - need to submit defence this week

thanks very helpful - so how does one evidence the start of the 6 years - would for example evidence of no
payment for a 6 year plus period and no acknowledgement confirm for purpose of statute barred argument - the reason I ask is because it seems to me that when the 6 year period is coming to a close an alleged debt is then sold on to an agent who then issues a default and the cra records that it will be 6 years reporting from the new default date? so whats the point if its a rolling timetable or reassignment and defaults by the new owners of old debts - or have I totally misunderstood -

any advice appreciated

[nemesis45]

Re: Amelia33 v Arrow Global - need to submit defence this week

thanks very helpful - so how does one evidence the start of the 6 years - would for example evidence of no
payment for a 6 year plus period and no acknowledgement confirm for purpose of statute barred argument - the reason I ask is because it seems to me that when the 6 year period is coming to a close an alleged debt is then sold on to an agent who then issues a default and the cra records that it will be 6 years reporting from the new default date? so whats the point if its a rolling timetable or reassignment and defaults by the new owners of old debts - or have I totally misunderstood -

any advice appreciated

For clarification on The Limitations Act relevant 6 year period commences at the date the cause of action accrued, it taken previously as the date of the last payment arguably after 2-3 missed payments for a debt arising from a simple contract e.g. a credit card agreement.

However case law now indicates that the default date ( Not the issue of a default notice) is the start of the 6 year period. Of course any payment or written acknowledgment of the debt at any point resets the 6 year clock to zero.

There can only be One default date that being the one placed by the original creditor, debt purchasers cannot change that date.
All the debt purchaser can do is to update credit files with its details and cannot issue a new default notice or register a new date.

nem

[amelia33]

Re: Amelia33 v Arrow Global - need to submit defence this week

very interesting - thanks - so when a purchaser claims to have issued defaults that could be nonsense (?) as why is it being purchased by them if issuing of default notice stage has long passed anyway - .and they should not be re issuing or sending further new defaults...

could they be issuing the first default - say purchasing a debt that has never had one issued?