Arrow Global/Shoosmiths claim recieved

**stevie1961** · 24th October 2016, 17:43:PM

Arrow Global/Shoosmiths claim recieved

Hi all, and thanks for reading the post.

I received a claim from the Northampton county court on the 12th of October, Dated 7th October
It relates to a credit card they say I held from MBNA back in 2004.
I filled my acknowledgement of service on the MCOL website, wishing to defend all of the claim.
I sent a CPR letter to Shoesmiths on the 18th of October, signed for post.
I sent a CCA letter to Arrow Global 18th of October, signed for post and including the fee

On the 21st of October I checked the tracking and neither of these letters was showing as being delivered, So I fired off 2 more.
This morning while checking Royal mail's tracking site, the originals still haven't been delivered, but the copies had reached their destinations.
Shoosmiths signed for their letter but Arrow Global refused to accept the delivery of theirs. The post office are now returning Arrow Global's CCA letter to me.
I've taken a screenshot showing that Arrow refused to accept delivery.

Where do I stand with this and whats my best course of action?

Thanks in advance,
Steve

P.S. On another note, On January 20th this year, I joined VIP but my status has never changed. Any chance of looking into this please, Paid via paypal.

Attached Files

arrow refused delivery2.jpg (89.8 KB, 3 views)

**stevie1961** · 24th October 2016, 17:45:PM

Re: Arrow Global/Shoosmiths claim recieved

bump

**Diana M** · 24th October 2016, 18:35:PM

Re: Arrow Global/Shoosmiths claim recieved

Before your thread is deleted may I ask a few questions

You've received a county court summons on behalf of Arrow Global (Claimant) dated 7th October. The Claimant has instructed Shoosmiths solicitors to issue the claim.

The claim appears to be for a MBNA credit card which was opened in 2004. Does that ring any bells with you?

You've filed your AOS stating that you intend to defend all of the claim.

On the 18th October you sent Arrow (Claimant) a CCA Request.

On the 18th October you sent Shoosmiths a CPR 31.14 Request.

So far so good.

However your current issue seems to be that either you sent your requests to an incorrect address or the recipients refuse to sign for them. How certain are you that these requests were sent to the correct addresses?

You've only posted a non-delivery notification for the Arrow letter (your CCA Request) but have you had the same for the Shoosmiths' CPR 31.14 Request letter (your post suggests it eventually arrived)?

How much is the claim?

Di

**Diana M** · 24th October 2016, 18:56:PM

Re: Arrow Global/Shoosmiths claim recieved

I've replied to your post on your other thread

Originally posted by stevie1961 View Post

Posted in wrong section, please delete

Originally posted by Diana M View Post

Before your thread is deleted may I ask a few questions

You've received a county court summons on behalf of Arrow Global (Claimant) dated 7th October. The Claimant has instructed Shoosmiths solicitors to issue the claim.

The claim appears to be for a MBNA credit card which was opened in 2004. Does that ring any bells with you?

You've filed your AOS stating that you intend to defend all of the claim.

On the 18th October you sent Arrow (Claimant) a CCA Request.

On the 18th October you sent Shoosmiths a CPR 31.14 Request.

So far so good.

However your current issue seems to be that either you sent your requests to an incorrect address or the recipients refuse to sign for them. How certain are you that these requests were sent to the correct addresses?

You've only posted a non-delivery notification for the Arrow letter (your CCA Request) but have you had the same for the Shoosmiths' CPR 31.14 Request letter (your post suggests it eventually arrived)?

How much is the claim?

Di

**stevie1961** · 24th October 2016, 19:36:PM

Re: Arrow Global/Shoosmiths claim recieved

Hi Diana,
Thanks for the reply,
The amount claimed is 1415.43, I have no knowledge of this debt at all
I've checked my report on noddle and there is a default on there for 2013, posted feburary this year, Only data showing is from 2016, nothing previous.
Shoosmiths llp signed for their letter but Arrow refused to sign for theirs. The attachment shows that it was refused. It was sent signed for and was defiantly the right address, as on the court form.
Where I'm confused is where I stand on the Non-delivery, Can I claim that the requested CCA was sent to them , but they didn't comply, because they refused dilivery

**stevie1961** · 24th October 2016, 20:06:PM

Re: Arrow Global/Shoosmiths claim recieved

As you can see, Addreses are correct

Attached Files

proof posting.jpg (45.8 KB, 1 view)

**stevie1961** · 29th October 2016, 09:46:AM

Arrow Global refusing to accept CCA letters

Hi,
Arrow Global/shoosmiths
Debt £1415
Date of claim form 7th October.
I filed my acknowledgement of service 10th October

I have sent 3 CCA requests to Arrow Global and 3 times, they have refused to accept delivery, 18th Nov, 21th Nov, 26th Nov
2 were sent by "signed for" mail and the last was sent "special delivery".

My CPR request was accepted by shoosmiths and they have written back stating that they are asking arrow global for copies of the agreement, default notice and Assignment, but if I don't file a defence by the 9th of November, they will ask for a summery judgement.

I have to file a defence before the 3rd of November (28days), and I was wondering where I stand in relation to the CCA requests.

Here is my defence so far, any help would be appreciated, Thank you

--------------------------------------------------------------------------------------------

DEFENCE

-----------------------------------------------------------------------------------------------
1: I received the claim xxxxxxx from the Northampton County Court on 14/10/2016

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

3: This claim appears to be 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 Limited on 30/11/2015 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 18/10/2016 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: On the 21/10/2016 I again, due to tracking not showing delivered, 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.

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

11. On the 18/10/2016 I sent a formal request for a copy of the original agreement to Arrow Global Limited, pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. On the 21/10/2016 I again, due to tracking not showing delivered, sent a formal request for a copy of the original agreement to Arrow Global Limited, pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

13. On the 24/10/2016 Arrow Global Limited refused to accept delivery of the formal request for a copy of the original agreement, that was sent by signed for mail on the 21/10/16

14. On the 26/10/2016 I again, due to Arrow Global Limited refusing to accept the delivery, sent a formal request for a copy of the original agreement to Arrow Global Limited, pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee using Royal mail special delivery.

15. Arrow Global Limited refused to accept the delivery again.

16. The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

17. 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.

18. 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.

19. 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.

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

Statement of Truth

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

Signed …………………………………………

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

**charitynjw** · 29th October 2016, 10:47:AM

Re: Arrow Global refusing to accept CCA letters

Hi stevie1961

Re the CCA requests, if it were me I'd now send it via ordinary 1st class post to the Claimant's address per the court claim form. State on PO 'Statutory purposes only' & cross-refer the PO & request letter.
Get proof of posting. (Free certificate).
Arrow cannot then deny receiving it.
Tweak your defence to show sending the new request.
Btw, if the alleged debt is for a credit card, s78 applies, so remove references to s77.

**nemesis45** · 29th October 2016, 10:54:AM

Re: Arrow Global refusing to accept CCA letters

Keep all those returned envelopes they maybe useful later.

nem

**Diana M** · 29th October 2016, 11:40:AM

Re: Arrow Global refusing to accept CCA letters

It seems you have you have two other threads for this same claim.

You may wish to get them merged for the sake of continuity

http://legalbeagles.info/forums/show...553#post685553

and

http://legalbeagles.info/forums/show...575#post685575

Di

**stevie1961** · 29th October 2016, 12:13:PM

Re: Arrow Global refusing to accept CCA letters

Originally posted by charitynjw View Post

Hi stevie1961

Re the CCA requests, if it were me I'd now send it via ordinary 1st class post to the Claimant's address per the court claim form. State on PO 'Statutory purposes only' & cross-refer the PO & request letter.
Get proof of posting. (Free certificate).
Arrow cannot then deny receiving it.
Tweak your defence to show sending the new request.
Btw, if the alleged debt is for a credit card, s78 applies, so remove references to s77.

Thanks for the help Charitynjw and Nem,
Before I read your replies, I took a trip to the post office again and posted 3 copies of the CCA request and another postal order to Arrows solicitors, Shoosmiths. I included a covering letter requesting that Shoosmiths forward the requests to Arrow global.
Here is the covering letter I sent and my revised defence

Steve Hill
xxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxxxxx

29/10/2016

Arrow global ltd.
20-22 Bedford row
London
WC1R 4JS

Dear Sirs,

Claim Number: xxxxxxxxxx

On 3 occasions I have written to your clients Arrow Global limited, requesting a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

Your clients Arrow Global limited have refused to accept delivery of these requests and online tracking shows that these deliveries have been refused.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I enclose copies of all 3 requests so that you may forward them to your client Arrow Global limited. I also include a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act.

I look forward to hearing from you.

Yours sincerely
Steve Hill
------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------

DEFENCE

-----------------------------------------------------------------------------------------------

1: I received the claim XXXXXX from the Northampton County Court on 14/10/2016

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

3: This claim appears to be 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 Limited on 30/11/2015 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 18/10/2016 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: On the 21/10/2016 I again, due to tracking not showing delivered, 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.

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

11. On the 18/10/2016 I sent a formal request for a copy of the original agreement to Arrow Global Limited, pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee. Sent by Royal mail signed for

12. On the 21/10/2016 I again, due to tracking not showing delivered, sent a formal request for a copy of the original agreement to Arrow Global Limited, pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee. Sent by Royal mail signed for

13. On the 24/10/2016 Arrow Global Limited refused to accept delivery of the formal request for a copy of the original agreement, that was sent by signed for mail on the 21/10/16

14. On the 26/10/2016 I again, due to Arrow Global Limited refusing to accept the delivery, sent a formal request for a copy of the original agreement to Arrow Global Limited, pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee. Sent by Royal mail special delivery.

15. Arrow Global Limited refused to accept the delivery again on 27/10/16.

16. On the 29/10/16, I sent copies of the 3 CCA requests to Shoosmiths LLP, The Claimants solicitors, requesting that they forward my formal requests for a copies of the original agreement to Arrow Global Limited along with the statutory £1 fee.

17. To date I have received no reply from Arrow Global Limited

18. 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.

19. 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.

20. 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.

21. 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.

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

Statement of Truth

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

Signed …………………………………………

Would it still be wise to send a CCA request to Arrow via record of posting service?

Nem, I don't have the returned letters yet, I have screenshots of the tracking page which shows the items couldn't be delivered as the recipient refused to take delivery.
Thanks again for all your help.

Attached Files

**MIKE770** · 29th October 2016, 12:16:PM

Re: Arrow Global refusing to accept CCA letters

Arrow Global
Mr Tom Drury	CEO

Email	tdrury@arrowglobal.net

Telephone	0800 1300169
Website	http://www.arrowglobal.net

Postal Address	20-22 Bedford Row, London, WC1R 4JS
Company Number	05606545
Company Status	Active (Established 28/10/2005)

**stevie1961** · 29th October 2016, 12:20:PM

Re: Arrow Global refusing to accept CCA letters

I posted in the wrong section and didn't know how to delete, how do I merge them DI, tHANKS

Originally posted by Diana M View Post

It seems you have you have two other threads for this same claim.

You may wish to get them merged for the sake of continuity

http://legalbeagles.info/forums/show...553#post685553

and

http://legalbeagles.info/forums/show...575#post685575

Di

**charitynjw** · 29th October 2016, 12:54:PM

Re: Arrow Global refusing to accept CCA letters

[MENTION=49370]Kati[/MENTION] could wield her magic wand.

Arrow Global/Shoosmiths claim recieved