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Hi i am looking for some advice on what to do with a court letter have received. It is from an old credit card from Aqua which i had taken out back in 2013. The Claimant is now Arrow Global Limited who i assume has now purchased the debt. I have until 11.08.17 to reply.
Issue Date: 06.07.17
Amount approx: £2288.42
Claimant: Arrow Global Limited
Solicitor: Shoosmith LLP
Original Creditor: Aqua Credit Card (NewDay Ltd)
Particulars of Claim: The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ('the agreement') between the claimants and Newday Ltd ("the original owner") dated 18/10/2016, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due or owing by the respondent to the original owner which were in existence as at the date of the Agreement, and in particular in relation to the contract hereinafter condescended upon. The said assignation was intimated to the respondent by the way of a written notice on or around 18/10/2016. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consuer Credit Act 1974. Further information in relation to that agreement is contained in section D4, where we set out the sums due and the basis which the fell due.
The Said contract between the original owner and the respondent is a regulated credit green in terms of section 189 f the consumer credit act 1974. it is dated 20/02/2013 and relates to a credit card issued by the original owner for Aqua credit card with the account number: xxxxxxxxxxxxxxx. on numerous occasions between 20/02/2013 and 30/01/2015 the respondent utilised the credit facility created under said agreement by purchasing goods and services on credit using the facility. It was a term of the agreement that the original owner would use statements in relation to the account on a monthly basis upon which would be stated the current balance the minimum payment which required to be made in terms of the said agreement and the date by which said payment required to be made. By the nature of the said agreement payment to be made each month fluctuated from month to month depending on use. The last payment made by the respondent thereunder was made on 27/05/2014 in the sum of £110.00. It was a term of said agreement that failure to meet and payment on a due date would render the account in default and would entitle the claimant to serve notice of default on the respondent requiring the respondent to remedy the breach within 14 day failing which the agreement would be terminated. on or around 30/01/2015 the respondent failed to make payment of a sum which had failed due and the said account thereby entered into default. A default notice was issued to the respondent on 30/01/2015. The respondent failed to remedy the default following upon service of the said notice and the account was accordingly terminated in accordance with that notice. The account remains in default. The sum due in terms of the said agreement amounts to £2288.42. The right to receive payment of the sums due in terms of the said account vests in the claimant.
The form asks what documents they may bring to court to support the claim and they have listed..
A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.
Is the debt Statute Barred? No
List any letters you have sent: None Yet
Sorry for the long post but i am unsure on how to proceed with this. Should i just admit it and offer some sort of monthly payment? What would be a reasonable offer? I am not sure if they have all the original documents and no evidence was attached to the letter but as above they said the will be produced in court if i defend the case. I am not 100% sure but i think i might have signed an online credit agreement at the time so i assume they will still have a copy of this.
Any advice would be much appreciated.
Thanks
Issue Date: 06.07.17
Amount approx: £2288.42
Claimant: Arrow Global Limited
Solicitor: Shoosmith LLP
Original Creditor: Aqua Credit Card (NewDay Ltd)
Particulars of Claim: The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ('the agreement') between the claimants and Newday Ltd ("the original owner") dated 18/10/2016, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due or owing by the respondent to the original owner which were in existence as at the date of the Agreement, and in particular in relation to the contract hereinafter condescended upon. The said assignation was intimated to the respondent by the way of a written notice on or around 18/10/2016. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consuer Credit Act 1974. Further information in relation to that agreement is contained in section D4, where we set out the sums due and the basis which the fell due.
The Said contract between the original owner and the respondent is a regulated credit green in terms of section 189 f the consumer credit act 1974. it is dated 20/02/2013 and relates to a credit card issued by the original owner for Aqua credit card with the account number: xxxxxxxxxxxxxxx. on numerous occasions between 20/02/2013 and 30/01/2015 the respondent utilised the credit facility created under said agreement by purchasing goods and services on credit using the facility. It was a term of the agreement that the original owner would use statements in relation to the account on a monthly basis upon which would be stated the current balance the minimum payment which required to be made in terms of the said agreement and the date by which said payment required to be made. By the nature of the said agreement payment to be made each month fluctuated from month to month depending on use. The last payment made by the respondent thereunder was made on 27/05/2014 in the sum of £110.00. It was a term of said agreement that failure to meet and payment on a due date would render the account in default and would entitle the claimant to serve notice of default on the respondent requiring the respondent to remedy the breach within 14 day failing which the agreement would be terminated. on or around 30/01/2015 the respondent failed to make payment of a sum which had failed due and the said account thereby entered into default. A default notice was issued to the respondent on 30/01/2015. The respondent failed to remedy the default following upon service of the said notice and the account was accordingly terminated in accordance with that notice. The account remains in default. The sum due in terms of the said agreement amounts to £2288.42. The right to receive payment of the sums due in terms of the said account vests in the claimant.
The form asks what documents they may bring to court to support the claim and they have listed..
A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.
Is the debt Statute Barred? No
List any letters you have sent: None Yet
Sorry for the long post but i am unsure on how to proceed with this. Should i just admit it and offer some sort of monthly payment? What would be a reasonable offer? I am not sure if they have all the original documents and no evidence was attached to the letter but as above they said the will be produced in court if i defend the case. I am not 100% sure but i think i might have signed an online credit agreement at the time so i assume they will still have a copy of this.
Any advice would be much appreciated.
Thanks
What is it with courts, they always aim any guidance at claimants, MCOL does it too, very limited for defendants. No wonder 87% of claims go to default judgment. 
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