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ARROW GLOBAL/RESTONS vs KEKE

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  • ARROW GLOBAL/RESTONS vs KEKE

    Hi There

    I am seeking for some urgent help with an old debt I original had with HSBC that has now ended up in court as I have received a Court Claim. I hope you can help me resolve and avoid a CCJ against my name.

    I have followed the guidance on the first steps as indicated in the forum, i.e I have done the acknowledgement of Service on 07/12/16 and sent out the CCA and CPR on 20/12/16.
    Please see below details

    Received a claim? I don't know what date is that

    Issue Date: 21/11/2016
    Amount approx: 18,800

    Claimant: Arrow Global
    Solicitor: Restons
    Original Creditor: HSBC

    Particulars of Claim:
    The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HSBC
    dated on or about Jul 21 2009 and assigned to the Claimant on Jan 30 2013

    PARTICULARS a/c no - XXXX

    DATE ITEM VALUE
    12/09/2016 Default Balance 17967.92
    Post Refrl Cr NIL

    TOTAL 17967.92


    Is the debt Statute Barred? I don't know if the debt is statute barred

    List any letters you have sent:
    CCA to claimant and CPR to claimant solicitors

    Any Other Info:

    The background is that I originally took a personal loan of £25000 with HSBC back in 2009 to fund and start my business.
    This didn't go as planned and it all went very bad in 2011/2012. I started a DMP at that time with Step Change but stop it as I was not able to cope with that either. And StepChange was not much of help unfortunately.

    This debt was defaulted and appeared on my credit report. But it disappeared from it I think in 2015. Which i stupidly though was a sign to no longer worry about it.
    I had gone through very rough time and only started to see light at the end of the tunnel end of last year. I started this summer a mortgage application with Help to buy and at the same time cleared all outstanding debts in my credit report. One of these debts was with Arrow so I updated my contact details with them.
    My mortgage was refused in the end and I had to move to another property.

    I believe settling the other debts triggered this 17K debt and Arrow Global gave authority to Restons to manage the debt. Because I had moved to another address I didn't get any of these letters.

    I went to visit my old neighbour end of November and she passed me the letters I had received at my old address. This contained the Court Claim and other 3 letters from Restons which one said the claimant was opened to a reduced settlement. Unfortunately because I didn't get this letter I was unable to take the opportunity for a reduced settlement. This is something I would now like to do but it seems too late.

    I spoke with the court asking how to avoid having the CCJ and they said the only way is to not admit it and try to resolve with the claimant.
    I have then contacted Restons to offer a reduced and final settlement of 6K but they refused and asked for a full payment. I do not have the 18K they are asking me to pay and the offer I made is based on family and friends that offered to help me with a total of 6K.
    I have called Arrow who said I need to speak with Restons since only them can accept or refuse the settlement offer.
    I called the CAB but they were not much of help and suggested to admit and make monthly payment. The maximum I can contribute is £150 max per month and that will mean over 10 years to pay it all back. This is more than depressing to me and I cannot envisage this option.


    I cannot afford to go through private solicitor as I don't have the money so need to find a solution by myself. This is where I am hoping you can help me.

    My objective is to NOT have a CCJ against my name and to pay off this debt through a final and reduced settlement.

    What should I do?
    Are you able to help?
    What should be my next move?

    I understand Christmas break is approaching so not sure if many people around on this forum to help. Hopefully some of you can still contribute. I highly appreciate any of your advise and suggestions.

    Many thanks
    Keke
    Tags: None

  • #2
    Re: ARROW GLOBAL/RESTONS vs KEKE

    If this claim Issue Date was 21st November then you must file your Defence 33 days later which will be a deadline of 4 pm Wednesday 28th December (i.e. next Wednesday) due to the long Bank Holiday.

    Have you received any response to your CCA Request or your CPR 31.14 Request?

    An £18k claim is likely to be allocated to the Fast Track which has more in-depth disclosure of documents.

    Once you've filed your Defence (to protect your legal position) you can give more thought to settlement negotiations if that seems to be the way forward. However if there are paperwork issues for the Claimant then you may not need to settle

    Di

    Comment


    • #3
      Re: ARROW GLOBAL/RESTONS vs KEKE

      Originally posted by Keke View Post
      Issue Date: 21/11/2016
      Amount approx: 18,800
      Claimant: Arrow Global
      Solicitor: Restons
      Original Creditor: HSBC
      Is the Claimant named on the summons as Arrow Global Ltd or Arrow Global (Guernsey) Ltd?

      Di

      Comment


      • #4
        Re: ARROW GLOBAL/RESTONS vs KEKE

        Originally posted by Diana M View Post
        Is the Claimant named on the summons as Arrow Global Ltd or Arrow Global (Guernsey) Ltd?

        Di

        Thanks Di for your response.

        I have not heard back from any of the letters.
        And the Claimant name is ARROW GLOBAL LIMITED

        What do you mean by Fast track and in-depth documentation? Which kind of documentation is that?

        I will start preparing my defense but not sure on how to do this and get it right. Any advice is appreciated.

        Many thanks
        K

        Comment


        • #5
          Re: ARROW GLOBAL/RESTONS vs KEKE

          Originally posted by Keke View Post
          Thanks Di for your response.

          I have not heard back from any of the letters.
          Well if they haven't provided a copy of the credit agreement then they'll be in some difficulty persuading the court to enforce the debt.

          Did you send your CCA Request by Royal Mail Signed For delivery and did you enclose the £1 postal order for the statutory fee?

          You say this was a personal loan to start your business, how did you open the account? Were you already an HSBC customer so filled out the forms in the branch? Or did you apply online?

          If you were already banking with HSBC did you have a personal or business account with them?

          Were you in employment at the time with your eye on a business venture? I'm wondering what criteria HSBC would have used to lend you £25k.

          One more obvious question (for now ) did you have PPI on the loan?

          Di

          Comment


          • #6
            Re: ARROW GLOBAL/RESTONS vs KEKE

            Originally posted by Keke View Post
            What do you mean by Fast track
            The County Court treats claims below £10k differently from claims above £10k. The Fast Track is the way your claim would be managed since it's £19k.

            The main difference is that in the Small Claims Court (under £10k) neither party has to pay the other side's legal costs whether they win or lose (unless there's been unreasonable conduct).

            In the Fast Track the loser has to pay the legal costs of the winner which is why it matters in your situation - you need to be aware you could get lumbered with their costs if things don't work out. The good news is that if you win (defeat) the claim then they will have to pay your legal costs

            Di

            Comment


            • #7
              Re: ARROW GLOBAL/RESTONS vs KEKE

              Hi Di

              Thanks for your responses, sorry for my late response.

              I indeed sent the letters "sign for" both the CCA and CPR.
              I included the postal order of £1.00 to Arrow Global

              I was already a private customer at HSBC and got a loan over the phone I think. I don't really remember very well sorry.
              I then went to sign off the paperwork in branch.

              The application of the loan was to buy a new car but I used it instead for my business.
              I was in full time employment at that time.

              I am afraid I have no idea whether I had PPI or not on the loan.

              Thanks
              K

              - - - Updated - - -

              OK, thanks for clarifying.

              How long does it take overall for the claimant to obtain a judgement against the defendant?
              Is this fast track a fast process of 30 days or does it take 6 months?
              And do you have any idea of the costings involving in terms of amounts?

              Thanks
              K

              Comment


              • #8
                Re: ARROW GLOBAL/RESTONS vs KEKE

                ^ ^ ^ having read your last post you will need to send a Subject Access Request to HSBC to get the full history of this account.

                I asked about the reason you gave HSBC for the personal loan in case there may have been an issue of irresponsible lending when the okayed a £25k loan for a business start up with no evidence of how it was going to be repaid.

                Di

                Comment

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                SHORTCUTS


                First Steps
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                Income/Expenditure
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                CCA Request
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                Example Defence
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                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                NOTE: If you receive a court claim note these dates in your calendar ...
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