Arrow Global/Shoosmiths Vs Thunderbird1

[thunderbird1]

Received a claim 13/08/2016
Issue Date: 11/8/2016
Amount approx: £2200
Claimant: Arrow Global Guernsey Ltd
Solicitor: Shoosmiths llp
Original Creditor: MBNA
Particulars of Claim:
1. The claimant's claim is for the sum of £2200 being monies due from the
defendant to the claimant under a regulated
agreement between the defendant and
MBNA Europe Bank Limited.
(No xxxxxxxxxxxxxxxxxxxxxxxx) and assigned to the
claimant on 20/12/2011, notice of which has
been provided to the defendant.
2. The defendant has failed to make payment
in accordance with the terms of the
agreement and a default notice has been
served pursuant to the Consumer Credit Act
1974.
3. The claimant claims the sum of
£2200
4. C has complied, as far as is necessary,
with the pre-action conduct practice
direction

Court papers where delivered to my next door neighbour at his address( they had address wrong). I am guessing all the pre court letter have been going there too but not passed on to me. He didn't know my name and the postman had to help as he thought this letter important.
Its very close to Stature Barred but not sure

I have not heard from them or spoken about this in the last 6 years following at the time a breakdown, seperation from wife and lost job. I presume they traced me as i moved out of the home after splitting.

My neighbour has since said he had phoned the DCA and told them i didnt live there and never had.

It would be lovely if someone could help me with this

Many Thanks

Sent CCA as follows on 16/8/2016

xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx

15/8/2016

Arrow Global Guernsey Ltd
La Plaiderie Chambers
La Plaiderie
St Peter Port
Guernsey
GY1 1WG



Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxx (assigned to you 20/12/2011 from MBNA).


With reference to the above agreement, I would be grateful if you would send me a true copy of the executed credit agreement and also a copy of the current terms and conditions encapsulating any variation.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

Please note you have my address as xx xxxxxxxxx, this is incorrect. It is xx xxxxxxxxxxx.


I look forward to hearing from you.

Yours faithfully




xxxxxxxxxxxxx


Then send CPR as follows on 16/8/2016

xxxxxxxxxx
xxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxx

15/8/2016

Arrow Global Guernsey Ltd
La Plaiderie Chambers
La Plaiderie
St Peter Port
Guernsey
GY1 1WG


Dear Sirs,

Claim Number: xxxxxxxxxxxxxxxxxx (assigned to you 20/12/2011 from MBNA).

Request for documents mentioned in a statement of case under CPR 31.14

On 14/8/2016 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 on 08 Aug 2016.

1. Agreement
2. Default Notice
3. Assignment

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.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 16 Aug 2016.
Please note that My address is xx xxxxxxxxxxx not xx xxxxxxxx.


Please note that this debt is also Statute Barred.


I look forward to hearing from you.

Yours sincerely




xxxxxxxxxx





- - - Updated - - -

Could someone tell me if i have put too much identifying information in that post please

[R0b]

Re: Arrow Global/Shoosmiths Vs Thunderbird1

Hello,

I've tagged [MENTION=55034]nemesis45[/MENTION] for assistance. In the meantime, the CPR 31.14 should be sent to Shoosmiths as they are the solicitors acting on behalf of Arrow.

Since you've never lived at the address where the claim form was sent, this would be deemed as defective service, which could put you at disadvantage in not being able to respond to any correspondence previously and/or less time to prepare your defence if you intend on defending.

It may be worth suggesting to Shoosmiths an extension of time of 28 days on this basis which is allowed under the CPR rules but also gives time for them to provide the documents that you need in order to consider your position.

[nemesis45]

Re: Arrow Global/Shoosmiths Vs Thunderbird1

Thanks [MENTION=71570]R0b[/MENTION].Hello Thunderbird.

Have you acknowledged service of the claim and intention to defend in full? If not do so asap at the Money claim online sit. See instructions on the N1 claim form. do not enter any defence at this stage.
You mention statute barred, please post details of your reasons on this.
Have you checked credit reference files for the account? If not try Noddle Free Online.
As R0b said get the CPR sent by signed for post.

nem

[thunderbird1]

Re: Arrow Global/Shoosmiths Vs Thunderbird1

Hi and thank you for your kind help

I have acknowledged service of the claim and this did also allow me to change address with the court.
I sent the CPR 31.14 to Shoosmiths.
I mentioned Statute barred as I thought it was close to this but the CRA says 5 years and 11 months since payment.
The CPR was sent by signed for on 16th Aug.
I have not heard back at all on either of the letters and its one week now to the 28 days.
Also do i gain anything by asking shoostrings for an extension of time of 28 days? its now 16 days since i sent both letters.

Kind Regards

[nemesis45]

Re: Arrow Global/Shoosmiths Vs Thunderbird1

Hi and thank you for your kind help

I have acknowledged service of the claim and this did also allow me to change address with the court.
I sent the CPR 31.14 to Shoosmiths.
I mentioned Statute barred as I thought it was close to this but the CRA says 5 years and 11 months since payment.
The CPR was sent by signed for on 16th Aug.
I have not heard back at all on either of the letters and its one week now to the 28 days.
Also do i gain anything by asking shoostrings for an extension of time of 28 days? its now 16 days since i sent both letters.

Kind Regards

Hi,

The CCA request has a statutory timescale of 12 + 2 Working Days for compliance ( no weekends or bank hols count.
If the CCA request is not complied with in time the debt is rendered unenforceable Until a compliant agreement or a reconstituted agreement that satisfies the requirements is supplied.

So don't chase the CCA request, you can chase up the CPR 31.14 request, although you may get a letter from the sols gabbling about allocation to the small claims track and the claim being issued via NCCBC.

nem

[thunderbird1]

Re: Arrow Global/Shoosmiths Vs Thunderbird1

I have received a letter from Shoesmith to say they are requesting the documents from Arrow Global.

They also said that if they don't receive my formal defence by 13th Sept they may be at liberty to request judgement against me.

I presume that means they are not giving me any extension. Do i put in my defence now or wait until 8th which is when i informed them i would put it in?

Is it ok to do online or better to send to court?

Thank you for your help

[R0b]

Re: Arrow Global/Shoosmiths Vs Thunderbird1

Do you have a contact email for the person who is dealing with this at Shoosmiths? If so, I would send that person an email with a polite request saying something along the lines of the following:

- You acknowledge receipt of their letter dated X.

- You note they are requesting the documents from their client, given that they are not in possession of them, you ask to consent to an extension of 28 days to allow the arrival of documents and consider your position and provide a properly pleaded defence. You see no reason why such consent should be refused since it is already set out in CPR 3.8(4) and kindly ask for confirmation no later than 7 September 2016.

- if they unreasonably refuse or ignore your request to consent you will draw the email to the court's attention when making a determination as to costs.


In the meantime you need to get started on your defence asap, you have until the 13th so no obligation to put it in any earlier, and you can send the defence by email if there is the file handlers email address.

[nemesis45]

Re: Arrow Global/Shoosmiths Vs Thunderbird1

I have received a letter from Shoesmith to say they are requesting the documents from Arrow Global.

They also said that if they don't receive my formal defence by 13th Sept they may be at liberty to request judgement against me.

I presume that means they are not giving me any extension. Do i put in my defence now or wait until 8th which is when i informed them i would put it in?

Is it ok to do online or better to send to court?

Thank you for your help

I would use signed for post so you have ease of tracking.

Prepare your defence and post a copy here for checking.

nem

[thunderbird1]

Re: Arrow Global/Shoosmiths Vs Thunderbird1

I have sent the following email.

Do I use the standard defence? Do I add anything to my defence about the court Claim being served next door and therefore so must all of the pre documentation?

Thank you all for your help in this.


Dear Madam

RE
Arrow Global Guernsey Limited Vs xxxxxxxxxxx
Account Reference xxxx
Claim Number xxxx

I acknowledge receipt of your letter dated 30 Aug 2016
I note you are requesting the documents from your client, given that you are not in possession of them, I ask you to consent to an extension of 28 days to allow the arrival of documents and consider my position and provide a properly pleaded defence. I see no reason why such consent should be refused since it is already set out in CPR 3.8(4) and kindly ask for confirmation no later than 7 September 2016.


Yours Faithfully

xxxxxxx

[nemesis45]

Re: Arrow Global/Shoosmiths Vs Thunderbird1

I have sent the following email.

Do I use the standard defence? Do I add anything to my defence about the court Claim being served next door and therefore so must all of the pre documentation?

Thank you all for your help in this.


Dear Madam

RE
Arrow Global Guernsey Limited Vs xxxxxxxxxxx
Account Reference xxxx
Claim Number xxxx

I acknowledge receipt of your letter dated 30 Aug 2016
I note you are requesting the documents from your client, given that you are not in possession of them, I ask you to consent to an extension of 28 days to allow the arrival of documents and consider my position and provide a properly pleaded defence. I see no reason why such consent should be refused since it is already set out in CPR 3.8(4) and kindly ask for confirmation no later than 7 September 2016.


Yours Faithfully

xxxxxxx

Hello Thunderbird.
Leave as is, the "wrong address" can be mentioned in the defence and later Witness Statement.

nem

[thunderbird1]

Re: Arrow Global/Shoosmiths Vs Thunderbird1

Morning

Can someone tell me can i submit my defence via the website or do i have to post it? Do i use the standard defence?

Thanks

[thunderbird1]

Re: Arrow Global/Shoosmiths Vs Thunderbird1

Please can someone check my defence for me

Kind Regards


1: I received the claim xxxxxxx from the County Court Business Centre on 14/8/2016

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for a credit card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from MBNA Europe Bank Limited to Arrow Global Guernsey Limited on 20/12/2011. The Defendant does not recall receiving notice of this assignment.

7. It is denied that MBNA Europe Bank Limited served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 15/8/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Shoosmiths LLP. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Shoosmiths LLP has not sent any of these documents to me.

10. On the 15/8/2016 I sent a formal request for a copy of the original agreement to Arrow Global Guernsey Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

17. I have not ever lived at the address that this claim was submitted to.

18. I have not had any correspondence whatsoever before this Claim from either the claimant or Shoosmiths LLP

19. On 6/9/2016 I emailed Lynsey Kane at Shoosmiths LLP asking again for an extension of 28 days which has not been replied to.


Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[nemesis45]

Re: Arrow Global/Shoosmiths Vs Thunderbird1

Please can someone check my defence for me

Kind Regards
Responding to your PM

1: I received the claim xxxxxxx from the County Court Business Centre on 14/8/2016

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for a credit card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from MBNA Europe Bank Limited to Arrow Global Guernsey Limited on 20/12/2011. The Defendant does not recall receiving notice of this assignment.

7. It is denied that MBNA Europe Bank Limited served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 15/8/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Shoosmiths LLP. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Shoosmiths LLP has not sent any of these documents to me.

10. On the 15/8/2016 I sent a formal request for a copy of the original agreement to Arrow Global Guernsey Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

17. I have not ever lived at the address that this claim was submitted to.

18. I have not had any correspondence whatsoever before this Claim from either the claimant or Shoosmiths LLP

19. On 6/9/2016 I emailed Lynsey Kane at Shoosmiths LLP asking again for an extension of 28 days which has not been replied to.


Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

Well Done!!

Make sure no bold text remains and get it sent.

nem

[thunderbird1]

Re: Arrow Global/Shoosmiths Vs Thunderbird1

I have received a very strange letter from Arrow Global.

It says

Thank you for contacting Arrow Global. We acknowledge your request for documentation pursuant to the Consumer Credit Act 1974.

We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested.
We will now process your request for documentation from the creditor and will revert in due course.

Your payment of £1 is returned.

Arrow Global


If they are not the creditor how can they be the claimant on the court papers?

They also sent it to next door again even though my letter clearly told them the new address.

Should i ring them with the correct address?

Thank you all

[thunderbird1]

Re: Arrow Global/Shoosmiths Vs Thunderbird1

Could somebody possibly help me with what to do regarding the above



Thank you so much