Court Claim Reston Solicitors/Arrow Global

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

Hi, I've had a reply from Lloyds asking how much of my personal information I need. Will it harm my defence if I don't ask for telephone and email records? Also the deadline for me to lodge my defence is 25th June, but the information from Lloyds will take longer to produce, is that ok?

Thank you for your support.

[Amethyst]

Re: Court Claim Reston Solicitors/Arrow Global

You need all the information, including the credit agreement and terms, transaction lists from August 2010 onwards, letters ( for arrears etc), default notice, notice of assignment, call recordings, screen notes relating to the credit card account that the claim is for, and also transaction lists on your bank account from August 2010 to August 2011 ( you want earlier transactions to show you were paying the card from that account then stopped in Feb 2011 ) - I don't know what other products you have had with Lloyds in the past but that list would likely cover everything you need to evidence statute barred.

You could just stick with everything ( likely to be a 5 reams of paper worth of stuff !) - time scale wise you're not going to get it before you put in your defence, but it will come before you get near a hearing date - so long as you can get it before you need to file witness statements you're fine.

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

Thank you, Amethyst.

Tomorrow is the deadline for entering my defence. Sorry to have to ask; what should I write? I have heard nothing back from Restons in reply to the CPR 31.14 I sent. The only reply I have had was the one from Arrow Global and I'm waiting for the info from Lloyds.

I checked Noodle, the debt has disappeared from my credit file....is that normal?

I can't thank you all enough for your help.

[charitynjw]

Re: Court Claim Reston Solicitors/Arrow Global

Your defence (atm) is going to be the lack of disclosure of documentation.

If it were me I'd stick fairly closely to the script (see defence example, top of this thread).

Tweak it to suit your situation.
As it's for a credit card, CCA s78 is applicable.

[Amethyst]

Re: Court Claim Reston Solicitors/Arrow Global

As Charity has said, start with the basic example >|| Defence Example ||

It having fallen off Noddle could mean it has gone past the 6 year point from when the account defaulted. It's not set on of course and is just an indication but I'd certainly include a part in your defence contending that the alleged debt is statute barred.

Also I'd add a bit on the non compliance with CCA request quoting the response Arrow gave you about not being the creditor and disputing that quoting section 189.

If you have a bash and post up a draft we'll have a look over. As its Sunday you should be fine filing it tomorrow before 4pm.

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

Hi, thank you....ok here goes..

1: I received the claim xxxxxxx from theNorthampton County Court on 25/05/2017

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claimappears to be foraCredit Cardagreement regulated under the Consumer Credit Act 1974.

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of
c4: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 Lloyds TSB toArrow Global on20/11/2013. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Lloyds TSB 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 30/05/17 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Ltd. I requested the Claimant provide copies of thecontract .

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

10. On the30/05/2017I sent a formal request for a copy of the original agreement to Arrow Globalpursuant to section77 - 79of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply withs 78 (1) Consumer Credit Act 1974 and by virtue ofs 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12: The Claimant has not complied with my CCA request but has responded 'We do not accept that we are the creditor as envisaged by the above statute.'

13: The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years

14. 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 .................................................. ....

Is this ok? Do I just need to upload it to Moneyclaim if it's ok? Do I need to upload photos of the replies etc. as part of my defence?

Many thanks,

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

Hi all,

I uploaded my defence on to moneyclaim last night, as above, because I won't have time to do it before 4 pm today.

Thank you all so much for your help.

I am hoping I can prove it statute barred as I believe it to be.

Thanks

[charitynjw]

Re: Court Claim Reston Solicitors/Arrow Global

That defence seems fine to me.
If at some stage the Claimant does produce documentation, you have covered that via para #15.

[Diana M]

Re: Court Claim Reston Solicitors/Arrow Global

Thinking on this, if they say they are not the creditor, & the Consumer Credit Act identifies the 'creditor', inter alia, as the assignee, are they in effect stating that they therefore do not have the locus standi to bring a claim in their own right?

There will be a reason

Devoncaz what is the exact name of the Claimant on the claim form?

Is it Arrow Global Ltd or is it Arrow Global (Guernsey) Ltd?

Di

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

Hi Charity and Diana,

thank you for your replies.

The claimant is Arrow Global Ltd.

Regards,

[charitynjw]

Re: Court Claim Reston Solicitors/Arrow Global

There will be a reason

Morning Di

Ok
But if that did prove to be the case (ie, 'we are not the creditor'.....& surely they (Arrow) must be aware of CCA s189), they must therefore be claiming 3rd party rights?
If so, under that legislation the promisor largely has the right to defend any action brought by a potential third party in the same way as they would defend against the original promisee.
& I can't see Arrow saying that they're not the legal (absolute) assignee....they'd be shooting themselves in the foot.

[Amethyst]

Re: Court Claim Reston Solicitors/Arrow Global

When copying over to your MCOL be careful of the invisible paragraph 4 and don't copy it across

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

Hi Amethyst,

I noticed the invisible paragraph 4 and deleted it from MCOL. This is exactly how I entered my defence on MCOL:

How much of the claim do you dispute?

I dispute the full amount claimed as shown on the claim form.


Do you dispute this claim because you have already paid it?

No, for other reasons.


Defence

1: I received the claim xxxxxxxx from the Northampton
County Court on 25/05/2017

2: Each and every allegation in the Claimants statement of case is
denied unless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card 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 Lloyds TSB to Arrow Global on 20/11/2013. The
Defendant does not recall receiving notice of this assignment.

7. It is denied that Lloyds TSB 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 30/05/17 I sent a request for inspection of documents
mentioned in the claimants statement of case under Civil Procedure
Rule 31.14 to Restons Solicitors Ltd. I requested the Claimant
provide copies of the contract .

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

10. On the 30/05/2017 I sent a formal request for a copy of the
original agreement to Arrow Global pursuant to section77 - 79 of
the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1) Consumer
Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974
cannot enforce the agreement.

12: The Claimant has not complied with my CCA request but has
responded 'We do not accept that we are the creditor as envisaged
by the above statute.'

13: The Defendant contends the alleged debt is statute barred by
virtue of Section 5 of the Limitations Act 1980 in that no payment
or acknowledgment has been made for over 6 years

14. 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.



Thank you.

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

Hi,

I've had a reply from Restons....not particularly helpful. Is there anything there that is significant?

Many thanks,

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

Aah! Sorry can't seem to be able to get the attachments to save the right way up.

Basically Restons are saying they are not obligated to send me any documentation and Legal proceedings will remain on hold until they've heard from Arrow Global Ltd.