Arrow global claim - possibly statute barred

[Billybear]

First of all, thank you in advance for all your help and advice. I've never dealt with anything like this before so I was relieved and grateful to find this forum existed.

Here are the details of the claim letter I received:


Issue Date: 05/05/17
Amount approx: £6300
Claimant: Arrow Global Ltd
Solicitor: Drydens Ltd
Original Creditor: Egg
Particulars of Claim:
1. The claim is for the sum of £6319.19 in respect of monies owing by the defendant on a credit agreement held by the defendant with Egg under account number xxxxxxxx upon which time the defendant failed to maintain payment

2. A default notice was served upon the defendant and has not been compiled with.

3. The balanced owed was assigned fromIdem Capital Securities Limited to the claimant, and the defendant has bee n notified of the assignment by letter.

Is the debt Statute Barred? Yes (I believe so)
List any letters you have sent:
Any Other Info:

The debt was for a loan taken out around 2004 to help support my university studies. After opening my own business in 2007, it struggled to survive during the financial crash and had to close in 2008. I sold all my assets but could not afford to pay off some of my remaining debt, most of which was written off as it was tied to my limited company when it folded. Unfortunately my personal loan with egg also defaulted as my business was closed and I couldn't afford to pay any bills.

I ended up relocated to the US for work as part of an inter-company relocation in 2010 and returned to the UK in 2012 for another job. At this point I had assumed my personal loan had been written off. Come 2017 and I suddenly receive a letter from Arrow Global saying they have acquired the debt.

Am I right in assuming that this debt is likely statute barred given it has been over 6 years since I have been contacted?

I have just filled in the acknowledgement of service online but yet to send any letters. I was planning to send off the the CCA/CPR tomorrow if that would be the best course of action.

Many thanks

[Diana M]

Re: Arrow global claim - possibly statute barred

The assignment trail may be important here.

It appears to have gone from Egg (bought by Barclaycard?) to Idem to Arrow.

Other ways of dealing with them though.

I usually get an order for the Deeds of Assignment to be disclosed at this stage - Restons in particular always require an on notice application.

In these debt purchaser claims the Deeds of Assignment should be the number one priority as they are relevant for both regulated and unregulated claims.

It may well be that your debt is Statute Barred but you need to throw as many legal arguments as you can at them.

Di

[Billybear]

Re: Arrow global claim - possibly statute barred

Thanks very much for your help Di.

How would I go about obtaining the deeds of assignment? Would this be along side my CCA request to the claimant?

Also would it be possible to clarify how this trail could potentially help my defence?

Thank you

[Billybear]

Re: Arrow global claim - possibly statute barred

Hi everyone,

So I sent the CCA and CPR last week via special delivery and I just received back my CCA returned in the post with a marked saying it was not delivered because it was refused (I guess by Arrow Global). Interestingly the letter had been opened.

Can anyone advise what this means? Is it a standard tactics for Arrow to refuse CCAs and will it help in my defence?

Thank you

[Joanna C]

Re: Arrow global claim - possibly statute barred

Resend the letters again but this time obtain a certificate of posting. Then they are deemed served.

[Billybear]

Re: Arrow global claim - possibly statute barred

Hi everyone,

As I believe my defense is due on Friday 2nd June (28d after I received the claim issued 5th May), I have put together a draft below. I've bolded anything which I am not certain about so any feedback would be greatly appreciated.

Regarding the CCA request, would the fact that I sent it by recorded special delivery cover my defense? I have the letter with all the special delivery stamps in hand and can provide them as proof if needed. As of today I haven't received the CPR back so it is well past the 7 day deadline.

[Draft Defense]

1: I received the claim [XXX] from the Northampton County Court on 5^th May 2017

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 Loan 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 Idem Capital Securities Ltd to the claimant on an unspecified date (there is no date on the claim and I haven't received any documents so hoping this wording works ok). The Defendant does not recall receiving notice of this assignment.

7. It is denied that Egg 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 16^th May 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Drydens Ltd. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Drydens Ltd has not sent any of these documents to me.

10. On the 16^th May 2017 I sent a formal request for a copy of the original agreement to Arrow Global pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement. (Does this cover the fact that the claimant refused my request and sent back my letter or would I need to add that as a seperate point?)

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.

Statement of Truth

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



Signed …………………………………………

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