Arrow Global v Milosmum

[Milosmum]

Re: Arrow Global v Milosmum

Yes I sent SAR last week but nothing back as yet. I guess I ignore the bit were Restons say "the matter is currently on hold until we receive further instructions from our client " and submit defence by the due date

[warwick65]

Re: Arrow Global v Milosmum

Definitely

Defence MUST be submitted by the due date - Restons can not put it on hold

The SAR can take a little while- they have 40 days to respond but I am sure it will be worth the wait

[Milosmum]

Re: Arrow Global v Milosmum

Hi

If anyone gets chance, please can you look over my defence so far. Any comments for improvement will be gratefully appreciated. I have added a point about Statute Barred as I know this account has never shown on my credit file going back as far as 2008.

Also, does anyone know if you use MCOL to submit your defence, are you able save what you have entered and go back to amend it before you submit. I am just concerned of time constraints and if anything changes at last minute before I submit.

Many thanks

[warwick65]

Re: Arrow Global v Milosmum

Two points so far

I would leave a space between paragraphs

You refer to sending a S77(1) request, I think it wise to explain that as they have not responded the account is unenforceable under S77 (4)

Otherwise it looks good to my eyes but Charitynjw is rather more adept than me at spotting details [MENTION=5553]charitynjw[/MENTION]

[charitynjw]

Re: Arrow Global v Milosmum

Two points so far

I would leave a space between paragraphs

You refer to sending a S77(1) request, I think it wise to explain that as they have not responded the account is unenforceable under S77 (4)

Otherwise it looks good to my eyes but Charitynjw is rather more adept than me at spotting details @charitynjw

Hang on, I need my glasses!




EDIT:

Contents seem fine.

Just spacing between paras needs sorting.

I can't see anything about SB, though.

[Milosmum]

Re: Arrow Global v Milosmum

Hi

Many thanks for your prompt responses. I have done the edits as you suggest.

Do you know if I would be able to copy/paste my word document into the "Defence" field on MCOL or if I will have to type it all in from scratch?

Thanks

[charitynjw]

Re: Arrow Global v Milosmum

You should be able to c/p onto MCOL.
If it were me I'd take a screenprint before sending, & also send it via email as an attachment.

[warwick65]

Re: Arrow Global v Milosmum

Well done Milosmum

Thanks Charity

Milosmum
I realise they are saying the last payment was made in march 2012 which I am guessing is about the time you left your last home.

I do not know what the domestic circumstances were, but if, say your ex made a payment after you had left - and I assume you were not talking then you should maybe include SB and the fact you have no knowledge of this debt

Maybe a one liner at the start setting out your position

1) I have no knowledge of this account or of any payments allegedly made in March 2012 because xxxxxx ( no need to give chapter and verse just say you moved on month and year - hopefully before March 2012)

2) As no payment was made by me , the account would be statute barred under Section 5 Limitations act 1980




See I told you Charity had better eyes than me :-)

[Milosmum]

Re: Arrow Global v Milosmum

Hi
I submitted my defence on Friday so I guess I just have towait to see what, if anything, they come up with.I’ve seen in other threads references to N244 and CRP18 requests. Obviously I don't want to spend money unnecessarily so are these things I need to be worrying about yet?
I find it amazing that these organisations are allowed toflout the rules when us mere mortals are expected to abide by them.Ifthey have the proof why would they withhold it; surely it would save so muchtime and money.I worry about those who are more vulnerable to the implications and threats they make and just pay up . To be honest, if it had been arelatively small amount of money I would probably have done the same and neverbothered to research my options.Thanksfor everyone's help so far and for turning a worrier into a warrior!!

[warwick65]

Re: Arrow Global v Milosmum

Hi Milosmum

At this point it is indeed a waiting game - in way of an explanation have a read of http://legalbeagles.info/forums/show...-request/page2
In particular my post which is #49 and the excellent explanation from [MENTION=87380]Diana M[/MENTION] which is post #51

As for N244 and Cpr18 , well CPR 18 requests do not cost anything although N244 do (unless you qualify for fee remission)
You would use a CPR 18 request to write to the solicitor and ask very particular questions

You said that you do not have any recollection of the loan and I believe there have been no responses to your CCA or CPR31.14 . request ?

Has you SAR had a response?

You could send a part 18 asking something specific such as please provide the full name and date of birth from the loan application as well as the full address the applicant was living at. I personally do not think these are unreasonable if you are really sure this isn't yours

No idea of your circumstances but have you thought of having a chat with a solicitor - some do free initial consultations with no obligation , they won't ( I think) give free 'advice' but may guide you in general terms
http://lbcompare.co.uk/services/

Just to be clear, I am not telling you , or even suggesting you use a solicitor but I know for me, I would struggle to juggle all this and my other commitments

[Milosmum]

Re: Arrow Global v Milosmum

Hi

Many thanks for your advice. I've read the posts and I think I understand the next part of the process.

I sent the SAR by recorded delivery but have checked and it's not showing as delivered, even though it was sent on 27th May (1st class recorded). I hope it was the correct address. It was one I found through searching the internet but it looks like M&S Financial Services have changed their name and/or been taken over some time in the past so hope it arrived at the right place. I'll keep checking for now.

As I mentioned before, I don't have any paperwork for anything prior to the last five years. I was made redundant in 1999 and during the next few years I took out some loans/credit cards etc. so can't be 100% sure about this account. But around 10 years ago, I took out a secured loan to pay off all my outstanding debts although I can't in truth recall the individual details of them. There is no default date in the POC but this account has definitely not been on my credit file for the past nine years at least as I have a report from 2014. As there have still been no responses from my CCA & CRP31.14 requests I might just wait to see what happens during the next 4 weeks or so. If they do come up with one of their template letters or any sort of agreement, I'll upload it to this thread for comments and then take it from there.

Thanks again

[MIKE770]

Re: Arrow Global v Milosmum

usuall royal non mail system take money for service and not complete it, it will have got there but just keep copy attcahed to your copy of despatch/ recorded delivery

[Milosmum]

Re: Arrow Global v Milosmum

Hi

I might try to find out if my £10.00 PO was cashed but don't think it's that easy. On the plus side, I have signatures for both my CCA & CRP31.14 requests dated 17/05/17.

Thanks as always for advice.

[warwick65]

Re: Arrow Global v Milosmum

It should be quite easy to find out if the PO was cashed if you have the number of it

[Milosmum]

Re: Arrow Global v Milosmum

Hi

Please find attached letter received from Restons over the weekend. I'm not sure if it warrants a reply as there isn't much to reply to.

It refers to documentation that I "should have" received but I guess that this is irrelevant to their claim as they would still need to produce copies of the agreement, deeds/notices of assignment and statement of account, regardless of who "should have" sent/received anything in the past. They also seem to be asking that I prove that the debt is Statute Barred but my understanding is that it is up to them to prove that it isn't.

I am a little confused though with the contents of what would be paragraph 5 (she appears to have stopped numbering them part way through). The way I read it, she seems to imply that there was no Default Notice issued. Does this sound right?, In paragraph 3, she states that M&S terminated the agreement and I thought they had to issue a default notice before termination. Also, the POC on the original claim form refer to Default amount.

Any comments on the content of this letter would be greatly appreciated.

I'm not having much luck regarding my SAR. Royal Mail tracking is still not showing as delivered and you have to write to Royal Mail to find out if PO has been cashed. I have sent an e-mail to customer services at M&S today so hopefully they will advise whether they received the request or not.

Many thanks in advance