Arrow global v Conkers12

[conkers12]

Received a claim, I received a court form for a debt that was defaulted in 2008, I presumed that the debt was statute barred given it was from 2008. Given that I presumed the debt was statute barred I sent a defense in full using the moneyclaim website stating "The outstanding debt is statute barred under the Limitation Act
1980. The creditor is breaching the Financial Conduct Authority
(FCA) rules as indicated in the FCA Consumer Credit Sourcebook." I then found out that statuory bared is based on when the last payment was made. I checked my bank statements and I was paying a token payment until April 2013, Im now fearing that the debt is legal and enforceable. I have read the getting started section of the forum and I will be sending the CCA request and the CPR request. I would like to know what the best cause of action is if the debt is legal and enforceable. I do not want a CCJ on my account as I have spent the last six years with a poor credit history. Is there a template letter to settle the debt, would a reduced offer usually get accepted and how do i go about this?
Issue Date: 02 May 2017
Amount approx: 5401.54
Claimant: Arrow Global Limited
Solicitor: ShooSmiths llp
Original Creditor: HSBC
Particulars of Claim: The claimant's claim is for the sum of £5401.54 monies due from the defendant to the claimant under a regulated agreement between the defendant and HSBC plc
(NO) and assigned to the claimant on 13/05/2014, notice of which has been passed provided to the defendant
The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been pursuant to the Consumer Credit Act 1974.
The claimant claims the sum of £5401.54
C has complied, as far as necessary, with the pre-action conduct practice direction.
Is the debt Statute Barred?
List any letters you have sent: N/A

[MIKE770]

Re: Arrow global v Conkers12

on line application credit card>? sent defence??? not a good start! sure help will be on its way??

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[MENTION=87380]Diana M[/MENTION]

[conkers12]

Re: Arrow global v Conkers12

Hi, Mike. Im not sure what you mean by online application card, the debt was for a personal loan. I used the moneyclaims website a bit hasty as i was almost sure that the debt was barred. Can i amend my defense?

[MIKE770]

Re: Arrow global v Conkers12

that was the question on line credit card etc???? so a loan on line . SB is 6 years england/wales 5 years scotland. so as you say been making token payments to 2013 , sure others will advise how to do an amended defence from now on check on here for advice on the next proceedure, as major mistakes can be disastrous/fatal await the others in the know how to deal with this.
@Diana M @rob

[MIKE770]

Re: Arrow global v Conkers12

Courts
Procedure rules
Civil
Rules & Practice Directions
PART 17 - AMENDMENTS TO STATEMENTS OF CASE
PRACTICE DIRECTION 17 – AMENDMENTS TO STATEMENTS OF CA

[pt2537]

Re: Arrow global v Conkers12

that was the question on line credit card etc???? so a loan on line . SB is 6 years england/wales 5 years scotland. so as you say been making token payments to 2013 , sure others will advise how to do an amended defence from now on check on here for advice on the next proceedure, as major mistakes can be disastrous/fatal await the others in the know how to deal with this.
@Diana M @rob

Hi,

On the point about amending your defence, this may be possible if the opponents will consent to the amendments. A party may amend his statement of case either with the consent of the parties, or with the permission of the Court. if the opponents do consent they may require you to pay their costs of and occasioned by the amendments, this will mean whatever costs become wasted would be paid by you even if you won the case at trial.

Of course the opponents may refuse, if they refuse unreasonably then the Court can impose sanctions on them if their unreasonable refusal leads to an application to the Court which could have been avoided.

On the question of limitation, this is not as straight forward as some think. If however you made a payment in 2013 then it is unlikely limitation has expired in this matter

[conkers12]

Re: Arrow global v Conkers12

Thanks for advice Mike. Hopefully it's not fatal

[conkers12]

Re: Arrow global v Conkers12

Hi pt, do you have any advice on how would go about settling the debt rather than seeing it through. I'm going to wait until I receive the cca and cpt, but if these are all legit will I be able to make offers to settle and will they likely accept?

[Diana M]

Re: Arrow global v Conkers12

Hi, Mike. Im not sure what you mean by online application card, the debt was for a personal loan. I used the moneyclaims website a bit hasty as i was almost sure that the debt was barred. Can i amend my defense?

When did you take out this HSBC loan (I see you defaulted in 2008)?

Did you have any other financial products with the bank at the time such as an overdraft? HSBC had a habit of amalgamating accounts before sold on which can cause the debt purchaser problems when they come to litigate.

The POC refer to the debt being a "regulated agreement" but don't specify whether it was a loan or credit card. They may not even know so no need to give them any clues.

So send that s 77-79 CCA Request asap to Arrow with a copy to Shoosmiths when you send them your CPR 31.14 Request. If you refer to 's 77-79' you won't have let on it was a loan (s 77). No need to make life easy for them.

Di

[conkers12]

Re: Arrow global v Conkers12

Hi Diana, I did have an overdraft but the amount owed looks like it is just for the loan. I have the templates written up, will post on here later.

[Diana M]

Re: Arrow global v Conkers12

do you have any advice on how would go about settling the debt rather than seeing it through. I'm going to wait until I receive the cca and cpt, but if these are all legit will I be able to make offers to settle and will they likely accept?

Why not wait to see what happens next before throwing in the towel. I expect you're feeling spooked by comments pointing out your error (it's not SB) so time to think positive and consider your options. Most things are fixable.

Amending your Defence will put you in a stronger position to negotiate a settlement if that's what you really want to do. If the Claimant informs the court that they intend to continue then you'll be sent a Directions Questionnaire where you can tick the box for free telephone Mediation.

At the moment the Claimant might not know the debt isn't SB since there's no reference to last payment in their POC.

If they do know then they might consider making an Application for a Summary Judgment to strike out your Defence on the basis it has no merit (because you've only pleaded SB).

If you decide to make an offer now you must be very careful so it's not seen as admission of liability So head it Without Prejudice.

Di

[Diana M]

Re: Arrow global v Conkers12

Hi Diana, I did have an overdraft but the amount owed looks like it is just for the loan.

Ah ha! I'm glad I asked that question

The amount claimed might "look like" it relates to the loan only but you need to do your own research. So send a Subject Access Request to HSBC to get the full history of the loan and the bank account overdraft.

The Transaction Log should show if they were amalgamated.

If you stopped your token payments in 2013 and the account was assigned to Arrow in 2014 (according to the POC) that may mean that Arrow has no knowledge of when your last payment was made since it wasn't to them. They'll probably need to contact the original creditor for the information which may give you time to amend your Defence to reflect compliance (or not) with your CCA Request.

You may be a bit behind the curve with this, but it's not over yet.

Di

[MIKE770]

Re: Arrow global v Conkers12

upward and forward ye go!

[conkers12]

Re: Arrow global v Conkers12

Thanks for advice, I will get in contact with HSBC to get the transaction log. Will post any correspondence when I get them.

[MIKE770]

Re: Arrow global v Conkers12

Thanks for advice, I will get in contact with HSBC to get the transaction log. Will post any correspondence when I get them.

SAR request?