Arrow Global Limited v Buttercups

[Buttercups]

Hi, and many thanks in advance to anyone who may help me with this. I have been doing much reading on this website and have found it to be an incredible resource! I only wish I had found it sooner.

I received a claim from Arrow Global LTD, for the approximate amount of £750 (£882 including fees).
The issue date is 21st April 2017. The claimant's solicitor is Restons Solicitors LTD.
The claim refers to a contract between myself and NewDay LTD, whom I assume is the alleged original creditor. They say the contract was dated on or about the 02 April 2014 and assigned to the claimant on 18 Oct 2016.
The particulars of Claim lists: 28/03/2017 Default Balance £752.33
Post Refrl Cr NIL
It is signed electronically by the claimant's legal representative.

My acknowledgement of service was received on 02/05/2017.

As I do not recognise NewDay as a company I have entered into any previous contract with, I have sent a CCA request to Arrow Global. This was sent by Royal Mail signed for on the 28/04/2017. On the same date I also sent a CPR request to Restons along with a copy of the CCA request.

The only responses to the CCA and CPR requests, have been from Restons who on the 16/05/2017 acknowledged receipt of the request and informed me that they are awaiting instructions from their client.

As the claim was issued on the 21 April I am assuming my defence must be filed by tomorrow (24 May). I hope this is correct? I therefore intend to to file my defence today, using one of the templates, on the grounds that I do not have adequate information, despite my requests, to properly assess my position with regards to the claim.

I hope I am doing this correctly. Again, any advice would be greatly appreciated.

Thank you

Buttercups

[warwick65]

Re: Arrow Global Limited v Buttercups

Newday run vaious credit cards and store cards , e.g Debenhams, Aqua, Marbles

Did you have any of these types of cards?

The reason I ask is that if you do not recognise them you should put near the top of the defence something about you denying every having any association with Newday and the claimants are put to strict proof you are the individual named on the agreement.

Have you had letters from AG or Restons in the past? Did you do anything with them.

Although it is not unheard of for claimants to chase the wrong person, you need to be very careful how you state it as if it is latter proved you were the correct person and you lied, it could have severe consequences. I am not suggesting you are, just making you aware of consequences

[Buttercups]

Re: Arrow Global Limited v Buttercups

Hi and thank you so much for replying to my post. It is great to know there are selfless individuals out there offering helpful advice.

I have had various credit cards over the last few years, it is very possible one could have been from New day.

When my financial situation took a turn for the worse, I foolishly took to ignoring my credit cards. Of course this meant that I quickly nosedived into a world of increased financial stresses and numerous letters through the door. Rather than dealing with them I adopted a strategy of ignorance, and instead just focused on ensuring that I had the funds to feed and care for my children. The reason for my CCA request was the hope that it might become clear which creditor 'New Day' actually is.

I have no doubt received letters in the past from AG and Restons, however it is likely that in my depressed haze they went straight in the recycling bin.

Thank you again for your help and any further advice would be massively appreciated.

Buttercups

[Buttercups]

Re: Arrow Global Limited v Buttercups

Hi all and many thanks in advance to anyone who can offer advice on this matter.

I issued my defence via MCOL for the above claim 42 days ago. A couple of days later I received a reply from the court acknowledging receipt of my defence. They said that my defence would now be sent to the claimants' solicitor for them to respond.

This was the last I have heard from anyone regarding this matter. On the MCOL website, the most recent point in the 'claim history' box, is my defence having been filed on the 24th May. There is no indication that the case might have been stayed.

Does anyone have any idea as to what is likely happening? Is it likely that the claimant's solicitors are preparing documents to support their claim? Or does the silence from them suggest a more positive scenario.

Again thank you so much to anyone who offers advice =-)

Buttercups

[Kafka]

Re: Arrow Global Limited v Buttercups

A likely reason is that you've caught them with a left hander, by calling their bluff. Instead of caving in and admitting the claim, you have taken them to task to produce the evidence they are required in law to provide. This is very common, as debt collectors rarely have the required documentation, because they rely on people not fighting back and probably assumed you wouldn't, as you never challenged their earlier efforts.

The ball is in their court now and they are probably struggling to get the required paperwork from NewDay. All you can do is wait and put the kettle on. Should be a good time to read up on lots of other threads to see how they can go.

[Buttercups]

Re: Arrow Global Limited v Buttercups

Thank you. The kettle is on =-)

[Buttercups]

Hi.

I was just wondering about something, and thought I would post in this old thread in the hope that one of you guys might have the answer.

It has now been over a year since I filed my defence to the claim about which I started this thread. I am still yet to hear anything from the claimant, which I guess suggests that the case has been stayed, and I will not get an opportunity to defend in court. This got me wondering if, in this situation, does one have the right to open a dispute with the credit reference agencies? Is it unfair that they report the account, yet won't allow the opportunity to go to court to determine its validity. Despite them being the ones to bring the claim in the first place.

Should I stop pondering such things and just be grateful not to have to take time off work to attend court etc? ha

Thank you very much in advance to anyone who knows the answer.

Buttercups

[Amethyst]

It does sound like the case is stayed - have you actually checked with the court ?

What's happening on your credit file, is it still being reported each month or is it just the original default waiting for fall off 6 years later?

It you are trying to fix your credit file, and don't want to wait till, probably 2021 ( default date showing as 2015?) then you could utilise the lack of documents and stayed court case to get a settlement and have it marked as partially settled and moved to closed accounts... if you wanted to. You might be able to get it settled for 70% off ( so something like £260 ) - the claimant recoups their court fees and what it cost them to buy the debt and they don't have to do any more work, and you get it closed off and your credit file starts improving a bit ( think my mortgage guy said once I'd settled everything I should wait a year before reapplying ) ( obvs if your credit file is totally screwed anyway I wouldn't bother )

Otherwise, I'd stop overthinking it and leave well alone.

You could send a SAR to NewDay - but that wouldn't necessarily tell you which account this one is, but might give you a better idea that you have at the moment.