County court claim forms

[Stuarte]

Hi everyone im looking for advice on whats the best option for me and would be greatfull for anyones help or advice. As ive had a ccj 5 years ago due too ignoring letters and burying my head in the sand.

Issue Date: 27 jun 2017
Amount approx: original amount 1105.17 with court fees £1255.17
Claimant: arrow global limited
Solicitor: restons solicitors limited
Original Creditor: mbna credit card
Particulars of Claim:
A/c no - ........
Date. Item. Value
25/04/2017. Default balance.
Post refrl cr. Nil
Total

Is the debt Statute Barred im not
Baically in 2009/2010 i was am self employed and broke and hand wrist i rang them to ask for help explained my situation but they did not help me out. After 6 months out of work i concentrated on keeping a roof over my head received a letter from a debt collection agency for the card. Now its been passed too that many i cant remember them all but heres what i can lowell portfolio Westcott and arrow global ive not had any contact with any of these.
Acc opened with mbna
last contact 2010 inc payment
Assignment to arrow global
now arrow state last payment 5 nov 2011 but i havent payed anything and ive checked my bank statements and nothing.

On my credit report it says nothing about mbna but a defaulted balance to arrow when the got it.

Again any help will be appreciated
Thank you.

[warwick65]

Re: County court claim forms

Hi and welcome

Can you type the particulars of claim out as they appear on the claim form

While it is always useful to know the back story it really doesn't matter to me or anyone why you are in debt- no one judges you

So anyway what you need to do is follow the first steps as outlined in the green box above

then send a CCA request to Arrow Global at the address on the claim form ( Is it Booth St manchester?) You need to include a cheque or postal order for £1

Send a CPR 31.14 request to the solicitors asking for documents mentioned in the claim form- no payment

I would also send a SAR to MBNA cheque or postal order for £10

Send all letters by royal mail signed for and keep the proof of postage. keep an eye on when they are delivered and print off the POD

[Stuarte]

Re: County court claim forms

Hi thank you for your help ive attached a picture of letter.

[Diana M]

Re: County court claim forms

ive attached a picture of letter.

I've looked at your claim form and the Particulars of Claim refer to a contract entered into with Marks & Spencer's Financial Services not MBNA.

Do you have more than one claim to deal with or are you thinking about another debt you had with MBNA which isn't subject to this claim?

Di

[Stuarte]

Re: County court claim forms

Sorry no your right it is marks and spencers dont know why i put mbna never had anything off them.
Thanks

- - - Updated - - -

How do i find out if the bebt is statue barred? Does this make any diffrence if it is or if its not?
Thank you

[Stuarte]

Re: County court claim forms

Hi and welcome

Can you type the particulars of claim out as they appear on the claim form

While it is always useful to know the back story it really doesn't matter to me or anyone why you are in debt- no one judges you

So anyway what you need to do is follow the first steps as outlined in the green box above

then send a CCA request to Arrow Global at the address on the claim form ( Is it Booth St manchester?) You need to include a cheque or postal order for £1

Send a CPR 31.14 request to the solicitors asking for documents mentioned in the claim form- no payment

I would also send a SAR to MBNA cheque or postal order for £10

Send all letters by royal mail signed for and keep the proof of postage. keep an eye on when they are delivered and print off the POD

Do i sign the letters? Some people on the comments saying not too?
Thanks

[Kafka]

Re: County court claim forms

Sorry no your right it is marks and spencers dont know why i put mbna never had anything off them.
Thanks

- - - Updated - - -

How do i find out if the bebt is statue barred? Does this make any diffrence if it is or if its not?
Thank you

For the debt to be statute barred, it needs to have been a full 6 years since you paid anything or acknowledged the debt in writing. If that is definitely the case, then you have an absolute defence in that it is statute barred, but you do need to be sure that that is the case.

[warwick65]

Re: County court claim forms

Hi again

Personally I have never signed a CCA letter, all I did was use a silly fanvy font on the document and I have never had any push back from the creditors but as this is a court claim you may want to sign it over an anti tamper strip
[MENTION=49370]Kati[/MENTION] do we have an anti tamper strip to put on the letter ?


The Cpr31.14 request does need to be signed so the anti tamper strip may be useful

The SAR which will go to marks and spencer will definitely need signing, if you have moved it will help if you provide different addresses. I sent ( I think) a copy of my passport or maybe it was my driving licence as they are entitled to make sure they are writing to the correct person, on the other hand you could miss that out (especially if you haven't moved)

What sort of account was this, credit card or another financial service ?

It may be SB although I suspect that AG think its not so getting all the info will be useful. The SAR will tell you more details about what it is

Hope all that is useful

get the acknowledgement done asap and the letters off then you can sit back for a few days
Acknowledgement is due 19 days from the date on the claim form and defence is due 33 days from the date on the claim form

[Stuarte]

Re: County court claim forms

Hi again

Personally I have never signed a CCA letter, all I did was use a silly fanvy font on the document and I have never had any push back from the creditors but as this is a court claim you may want to sign it over an anti tamper strip
[MENTION=49370]Kati[/MENTION] do we have an anti tamper strip to put on the letter ?


The Cpr31.14 request does need to be signed so the anti tamper strip may be useful

The SAR which will go to marks and spencer will definitely need signing, if you have moved it will help if you provide different addresses. I sent ( I think) a copy of my passport or maybe it was my driving licence as they are entitled to make sure they are writing to the correct person, on the other hand you could miss that out (especially if you haven't moved)

What sort of account was this, credit card or another financial service ?

It may be SB although I suspect that AG think its not so getting all the info will be useful. The SAR will tell you more details about what it is

Hope all that is useful

get the acknowledgement done asap and the letters off then you can sit back for a few days
Acknowledgement is due 19 days from the date on the claim form and defence is due 33 days from the date on the claim form

Thanks you have been a great help.
Im doing all letters today and getting them sent im not sure about the sar it says delete all red parts does that include the last red paragraph?
The part that says ahead of filing my defence what date do i put there? Also what documents do i ask for it says to check particulars of claim im unsure what to put there.

My address has always stayed the same for 17 years always left everything registered to this address. Im pretty sure it will be statue barred as i deffienetly havent made any payments since the 1/4/2011 as i started a new bank then and ive gone thru the statements and no payment has gone out. Even on the date they are claiming the last payment was made so why are the lieing about the last payment?. Also i dont understand that on there letters the assignment to arrow they say 20 aug 2013 further on the letter opening balance date there is 8th aug 2013 yet on my credit report arrow have managed to put themselfs on my report as if they were marks and spencers why is this? And again a diffrent date the default date on my credit report states 7/6/2012. And i deffinetly have had no contact no payment or no letter with them since the 1/4/2011 so im confused by these dates.

[Stuarte]

Re: County court claim forms

Do i tick contest jurisdiction?

[Kati]

Re: County court claim forms

@Kati do we have an anti tamper strip to put on the letter ?

here ya go - http://legalbeagles.info/library/ant...gnature-strip/ xx

- - - Updated - - -

Do i tick contest jurisdiction?

not if you live in England or Wales

[warwick65]

Re: County court claim forms

Hi

kati has answered the contest jurisdiction for you

When you asked about the SAR did you actually mean the CPR 31.14 letter

With the CPR letter in reality you can only ask for the contract and the notice of assignment and deed of assignment ( which i reckon they will argue about but never mind)

I would also include a copy (but no money) of the CCA request which is what the last paragraph is about

As fr you reasoning behind SB I am a little concerned. Was this a credit card or something else? forgive me if you have already said
if you made the last payment in April 2011 and it was a credit card, was that a regular payment or a reduced payment because for example you were in a debt management plan

SB is extremely complicated and usually depends on the contract and when they can first bring legal action. For example in my Capital One CC terms and conditions it says once a payment is missed I am then given a month to catch up after which a default notice is issued so in effect it could be 3 months from the date of the last payment before the statute barred clock starts . However this is not your only line of defence at all

[warwick65]

Re: County court claim forms

Sorry for being dense but who s claiming a different date for a payment being made and when was it?

Dates of default on a report can be different from dates default notices are issued because they are different things - again for example on many of my debts the date of default on my credit report does not tally with the date of the default notice. This would make it difficult for a new owner to reproduce the DN when they don;t know the date- hence getting the SAR

I have found on my credit file when an account is sold there is one version that shows satisfied and another under the new owner which shows as current if that helps - some credit reports are easier to read than others

[Stuarte]

Re: County court claim forms

Hi

kati has answered the contest jurisdiction for you

When you asked about the SAR did you actually mean the CPR 31.14 letter

With the CPR letter in reality you can only ask for the contract and the notice of assignment and deed of assignment ( which i reckon they will argue about but never mind)

I would also include a copy (but no money) of the CCA request which is what the last paragraph is about

As fr you reasoning behind SB I am a little concerned. Was this a credit card or something else? forgive me if you have already said
if you made the last payment in April 2011 and it was a credit card, was that a regular payment or a reduced payment because for example you were in a debt management plan

SB is extremely complicated and usually depends on the contract and when they can first bring legal action. For example in my Capital One CC terms and conditions it says once a payment is missed I am then given a month to catch up after which a default notice is issued so in effect it could be 3 months from the date of the last payment before the statute barred clock starts . However this is not your only line of defence at all

Hi thank you for your help
Yes i mean the cpr 31.14 letter so i put down them three and i include a copy of the cca thank you. Also what date do i put for this part?
(To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.)

Sorry if im confusing matters. Yes it was a marks and spencers credit card passed too a few debt collection people and then this one arrow global. Im not sure other than in 2010 was the last payment too marks and spencers april 2011 is when i opened a new bank account and i checked all statements from bank too make sure i hadent made any payments too this debt and i haven't but on restons letter what they put it says last payment date 5 nov 2011 yet no payment was made. And on my credit report there is nothing at all mentioned about having a cresit card with marks and spencers just this with arrow global thats what i dont understand.

This is what report says.

Account: ARROW GLOBAL LIMITED
Updated: 22/09/2013
Current Status: Default
Type: Credit Card
Balance: £1,105
Entry number: C7
Account Started: 13/03/2007
Default Details
Default Date: 07/06/2012
Default Balance: £1105

[warwick65]

Re: County court claim forms

Hi again

The due date for filing your defence is 33 days from the date of the claim form so if as you said it is 27th June it would be 30th July which just happens to be a Sunday ( the day i go on my jollies) so it would be 4pm 31st July ( But put 30th on your letter)