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Arrow Global v Milosmum

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  • Arrow Global v Milosmum

    Hi

    I found this site through searching on various keywords so hope you can guide me through the process of defending this claim:

    Issue Date:
    08 May2017
    Claimant: Arrow Global Ltd
    POC: The claimant claims payment of the overdue balance due from the Defendants(s) under a contract between the Defendant(s) and Marksand Spencer Financial Services PLC dated on or about Dec xx 2002 and assigned to the claimant on Oct xx 2013

    Date: 10/03/17 Default Balance £7603.xx

    Background
    I received a letter from Restons dated 22/03/17 followed by another letter dated 29/03/17 (the standard letters that most people on here seem to get).The latter required a response by 12/04/17. I wrote to Restons on 05/04/17 explaining that I had no knowledge of their client or any debt owed to them and requested a copy of the agreement, statement of account etc. I heard nothing back from them until I received the above claim from Northampton. Restons correspondence indicates that the debt relates to a “Loan” and they also say the last payment was received in March 2012, but I have no knowledge of this either.

    I have no knowledge of taking out this loan. I have lived at my current address for around five years as a private tenant as I had to leave my previous home very suddenly due to a serious domestic situation. I left the majority of my belongings behind and eventually had the house re-possessed so have no records of anything prior to then. I have checked my credit file and nothing is showing for this account.I also checked an Experian credit report from 2014 and it is not on there either.

    Since receiving the claim and reading through the posts on this forum, I have taken the following action:

    1.15/05/17 Acknowledgement of Service done via MCOL. Confirmed.

    2.16/05/17/ CCA letter to Arrow Global Ltd withenclosure of £1 postal order.Typed signature. Received/signed for on 17/05/17

    3.16/05/17 CPR 31.14 to Restons.Requested copies of originalagreement/contract, default notice, deed & notice of assignment and statement to show how balance arrived at. Typed signature. Received/signed for on 17/05/17

    As of today, I have heard nothing back from either Arrow or Restons; not sure if this a good thing or not.

    I just wanted to make sure that I have everything covered so far and if it is now just a waiting game. I worked out that I need to submit my defence by 9th June.

    Any advice will be greatly appreciated.

    Thanks in advance.
    Tags: None

  • #2
    Re: Arrow Global v Milosmum

    Hi Milosmum

    You seem to be on top of it all
    have you ever had a loan or credit/charge card with Marks and Spencer's?

    If you have I would be sending a Subject access request to them to find out what info they hold on you.
    [MENTION=87380]Diana M[/MENTION]

    Comment


    • #3
      Re: Arrow Global v Milosmum

      Hi,

      I am in the same boat as you, sent a request to Restons on/around 9th May and not heard anything back myself. My defence to be entered by 7th, however I only requested details on the contract.

      I shall be requesting again by tomorrow for this contract along with the 'Default Notice' from Restons again, giving 7 days then will have to file my defence and see what happens.

      Comment


      • #4
        Re: Arrow Global v Milosmum

        Originally posted by fuqex View Post
        Hi,

        I am in the same boat as you, sent a request to Restons on/around 9th May and not heard anything back myself. My defence to be entered by 7th, however I only requested details on the contract.

        I shall be requesting again by tomorrow for this contract along with the 'Default Notice' from Restons again, giving 7 days then will have to file my defence and see what happens.
        Have you a thread of your own regading this subject??

        Comment


        • #5
          Re: Arrow Global v Milosmum

          I do, http://legalbeagles.info/forums/show...p-for-O-D-debt

          Comment


          • #6
            Re: Arrow Global v Milosmum

            Hi

            M&S were in trouble a few years back re loans. It appears they hadn't done something that is required by law, so had to give refunds to customers. Plenty of info on this on the internet.

            Also, as warwick65 has said, SAR M&S.
            PPI might be another issue.

            & add the Deed of Assignment to your CPR request. (Or Deeds, if there has been more than one assignment).

            Originally posted by fuqex View Post
            Hi,

            I am in the same boat as you, sent a request to Restons on/around 9th May and not heard anything back myself. My defence to be entered by 7th, however I only requested details on the contract.

            I shall be requesting again by tomorrow for this contract along with the 'Default Notice' from Restons again, giving 7 days then will have to file my defence and see what happens.
            You may want to do the same re Deed(s).
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Arrow Global v Milosmum

              Hi

              Thanks to everyone so far.

              I did request the deeds & notice of assignment on CPR request. I will send out SAR as advised.

              Comment


              • #8
                Re: Arrow Global v Milosmum

                Milosmum,

                To give a headsup... I have received notification from Restons this morning, just wished to give you this information as its likely you will get something similar.

                Wishing you luck with your claim.

                Comment


                • #9
                  Re: Arrow Global v Milosmum

                  Hi Everyone

                  Just a quick update... both Restons & Arrow received my CRP & CCA requests respectively on Wed 17th May (signed for) but I haven't received anything from either of them as yet.

                  The deadline for the CCA request only expires next Monday I think, due to bank holiday, but I should have received a reply from Restons by now re the CRP request. Should I write to them again or just wait to see if they come up with anything between now and me submitting my defence? I have the Royal Mail receipt showing signed for 17/05.

                  Many thanks

                  Comment


                  • #10
                    Re: Arrow Global v Milosmum

                    wait , failure to supply to request can be quoted in defence, but not essential at the moment

                    Comment


                    • #11
                      Re: Arrow Global v Milosmum

                      As Mike says, failure to comply can form part of your defence - why remind them. Once your defence is in they will know anyway

                      You still have 10 days to get your defence sorted ( I think) date of issue + 33 days

                      Comment


                      • #12
                        Re: Arrow Global v Milosmum

                        Hi

                        Thanks for advice. I have worked out defence needs submitting by 09 June so will be working on it next week.

                        Comment


                        • #13
                          Re: Arrow Global v Milosmum

                          Hi. I have received letter from Restons today re CPR request. It's the standard one that I've seen several times on here... I would already have been provided with agreement, documents not mentioned in the POC etc & Arrow putting action on hold. The letter was dated 1st June but they received my request on 17th May (signed for). Bearing in mind I need to submit my defence in 7 days shall I bother replying to request docs again or shall I just ignore it and include in my defence. Comments appreciated.

                          Comment


                          • #14
                            Re: Arrow Global v Milosmum

                            no - include in defence you asked they refuse at this stage which is normal for them after allocation then heavy time on them for documents if not had them,

                            Comment


                            • #15
                              Re: Arrow Global v Milosmum

                              As Mike says - use it in your defence

                              If you get fee remission , once the defence is in you could ask the court to order disclosure ( I think) . I think you might need to do a part 18 request first

                              Did you SAR Marks?

                              Comment

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