Arrow Global vs Thunderstruck37

[Thunderstruck37]

Issue Date: 24 April 2017
Amount approx: £4000
Claimant: Arrow Global Ltd
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 Mar 19 2011 and assigned to the Claimant on Mar 12 2015.

PARTICULARS: a/c no: XXXXXXXXXXXXXXXX

Date:

12/02/2017 Default Balance 4127.46

Is the debt Statute Barred? I believe it to be yes.
List any letters you have sent: Have sent a CCA request to claimant (copy to solicitor) along with a CPR request to the solicitor (See below). Not heard anything back yet.

Any Other Info:
I acknowledged the claim online on 29 April 2017

Background: I am unable to recall this alleged debt and the particulars of the claim really give no information whatsoever, only that this "contract" between the Defendant(s) and HSBC is dated March 2011 and the Issue Date on the court claim form is April 2017 - more than six years! My gut feeling is that these people do not have any evidence whatsoever of payments or written acknowledgement of this alleged debt and are simply trying it on.

Should I submit a defence now as the period allowed following acknowledgement of the claim is now running a little bit short! I think I may need to mention in the defence about this alleged debt being statute barred but I'm a little unsure of what to write - any help would be gratefully received!

This is the CPR request that I sent to the solicitor:

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

On 24/04/2017 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 all documents you mention in your statement of case/Particulars of Claim ahead of filing my defence. 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, 13.05.2017.

Many thanks

T

[charitynjw]

Re: Arrow Global vs Thunderstruck37

Hi T, welcome to LB.

A small point.....if the claim was issued on the 24th, it's unlikely you would have received it on the same day. (Per your CPR request).

[charitynjw]

Re: Arrow Global vs Thunderstruck37

I am unable to recall this alleged debt and the particulars of the claim really give no information whatsoever

They are a bit thin.
You've sent a CCA request - what makes you think that the Consumer Credit Act is applicable?

[Thunderstruck37]

Re: Arrow Global vs Thunderstruck37

They are a bit thin.
You've sent a CCA request - what makes you think that the Consumer Credit Act is applicable?

Hi Charity, I've changed the dates (slightly) for the purposes of posting on here to avoid posting anything that could identify me. The alleged debt is for an old credit card so based on the other similar threads, I figured that the CCA would be applicable. I was wondering if now might be the time to submit the defence or should I give them a little longer to reply to the letters?

Many thanks, I really appreciate it!

T

[charitynjw]

Re: Arrow Global vs Thunderstruck37

I was wondering if now might be the time to submit the defence or should I give them a little longer to reply to the letters?

Lol! I can't say for certain.

I've changed the dates (slightly) for the purposes of posting on here

[Thunderstruck37]

Re: Arrow Global vs Thunderstruck37

Hi guys,

Can anyone please advise me what I should do regarding submitting a defence for this as I am running out of time?

Many thanks,

T

[warwick65]

Re: Arrow Global vs Thunderstruck37

Your defence is due 33 days from the date on the claim form- whenever that is

I am slightly concerned that you think it is SB based on the date of the agreement, SB starts from either the last payment or the date a cause of action accrued whichever is the latter

If you are going to use SB as a defence also include everything else you can, for example non compliance with S78(1) therefore S78(6) applies, not compliance with the issuing of a Default Notice, Non compliance with the issuing of a notice of assignment, non compliance with assignment

Did you send a SAR to HSBC to see what they hold, it might show when , if they actually sent a default notice and when, if it was assigned. These should match the claim form or what they plead in their witness statement.

If you did not send the SAR, I would get one sent now - with the fee of £10
[MENTION=87380]Diana M[/MENTION]

[Thunderstruck37]

Re: Arrow Global vs Thunderstruck37

Your defence is due 33 days from the date on the claim form- whenever that is

I am slightly concerned that you think it is SB based on the date of the agreement, SB starts from either the last payment or the date a cause of action accrued whichever is the latter

If you are going to use SB as a defence also include everything else you can, for example non compliance with S78(1) therefore S78(6) applies, not compliance with the issuing of a Default Notice, Non compliance with the issuing of a notice of assignment, non compliance with assignment

Did you send a SAR to HSBC to see what they hold, it might show when , if they actually sent a default notice and when, if it was assigned. These should match the claim form or what they plead in their witness statement.

If you did not send the SAR, I would get one sent now - with the fee of £10
@Diana M

Thanks Warwick. I have only sent the CCA request and the CPR request to the solicitor - if I send a SAR request to HSBC I still presumably need to submit the defence though before 33 days runs out? Should I mention in the defence that I am awaiting a reply from Arrow and the solicitors?

Many thanks,

T

[warwick65]

Re: Arrow Global vs Thunderstruck37

Have a look at some of the sample defences in the green box above

I would wait until the day of, or the day before it is actually due. If it is due over a weekend, 4pm the first working day after becomes the new due date

I think it is really important, assuming you have not received anything to mention the points I raised above as all of them could in themselves defeat the claim

If you want to do a draught then tag me, [MENTION=5553]charitynjw[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=3599]MIKE770[/MENTION] we can cast an eye over it an make suggestions although non of us are qualified , just have some experience

[Thunderstruck37]

Re: Arrow Global vs Thunderstruck37

Have a look at some of the sample defences in the green box above

I would wait until the day of, or the day before it is actually due. If it is due over a weekend, 4pm the first working day after becomes the new due date

I think it is really important, assuming you have not received anything to mention the points I raised above as all of them could in themselves defeat the claim

If you want to do a draught then tag me, @charitynjw @Amethyst @MIKE770 we can cast an eye over it an make suggestions although non of us are qualified , just have some experience

Thank you Warwick I will prepare a draught defence and really appreciate you looking at it.

T

[Thunderstruck37]

Re: Arrow Global vs Thunderstruck37

Hi guys,

Would somebody please be able to look over this defence for me? I would be very grateful.

Thanks in advance!

1: I received the claim XXXXXXXX from Northampton County Court on 29 April 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 Credit Card agreement regulated under the Consumer Credit Act 1974.

4: It is admitted that the Defendant has previously entered into an agreement with the Original Creditor for provision of credit.

5. The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

6: The Claimant's statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

7. The Claimant's statement of case states that the account was assigned from the original creditor to the claimant on Mar 17 2015. The Defendant does not recall receiving notice of this assignment.

8. It is denied that the original creditor 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.

9: On the 15.5.2017 I sent a request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to the Claimant's solicitor. I requested the Claimant provide all relevant paperwork pertinent to this claim.

10. The claimant's Solicitor has not sent any of these documents to me.

11. On the 15.5.2017 I sent a formal request for a copy of the original agreement to the claimant pursuant to sections 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. 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.

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.

[charitynjw]

Re: Arrow Global vs Thunderstruck37

.....although non of us are qualified , just have some experience

Afternoon, Warwick.
I qualify for a free bus pass........does that count?

[charitynjw]

Re: Arrow Global vs Thunderstruck37

A thought re the defence.

The Claimant's PoC does not actually state that the alleged debt is for a regulated agreement.
Why admit that it is?
You can still put the CCA stuff in the Defence particulars, but in a 'general' way.
On (date) I sent a CCA ss77-79 request, just in case.....etc (Something like that!)

[MIKE770]

Re: Arrow Global vs Thunderstruck37

pass on that one!

[Thunderstruck37]

Re: Arrow Global vs Thunderstruck37

So if I change point 3 to:

On 15.5.2017 I sent a CCA ss77-79 request in case the claim was in relation to a regulated agreement.

Should that suffice?

Many thanks.