Court Claim - Arrow Global ltd / HSBC - 11-7-2017

[Dutch]

Received a claim? Yes
Issue Date: 11-7-2017
Amount approx: 5243.30
Claimant: Arrow Global ltd
Solicitor: Restons
Original Credit: HSBC

Particulars of Claim:
The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and HSBC dates on or about May 11 2009 and assigned to the claimant on Oct 22 2014

15/05/2017 default balance 5243.30

Stat Barred? Yes

Have sent:

Other Info:
Statute barred template letter sent 6th of June, they replied with no proof of payment etc only saying they believe the default date 19 Feb 2013 given to them from arrow is correct hence it is not statute barred.. I have not acknowledged the claim as yet nor have I sent cpr or cca request only a 2nd statute barred letter. The opening balance in 2009 is the same as the current balance there are claiming, I have not paid or given any written acknowledgement since 2009

[Diana M]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

What was the original financial product with HSBC such as a credit card, loan or current account overdraft (or even a combination of all three)?

The Particulars of Claim simply refer to it as a "contract".

If it was a loan when would the term have expired if it had run its predicted length? This can sometimes impact on the SB date.

Di

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Hi thanks for your reply. The original financial profit was an unsecured loan take out round about 2005 I refinanced the loan a couple of years later then stopped making payments in 2009 and it was passed on to a Dca called moorcroft if I remember correctly. i did have a current account with them up until around 2012. sorry but I don't quite understand the last paragraph, but the loan would have been paid off by now if I'd of kept up with payments

[EXC]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

sorry but I don't quite understand the last paragraph

I think what Di means is when you took out the original loan, how long was the repayment period (if you had kept up the payments), as it may make a difference to it's status of being statute barred or not.

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

It would of been paid off by now yes, I'm estimating it would of been off in around 2012/13

[Diana M]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

The original financial profit was an unsecured loan take out round about 2005 I refinanced the loan a couple of years later then stopped making payments in 2009 and it was passed on to a Dca called moorcroft if I remember correctly. i did have a current account with them up until around 2012. sorry but I don't quite understand the last paragraph, but the loan would have been paid off by now if I'd of kept up with payments

Have I understood this right?

In 2005 you took out a loan with HSBC.

Then in 2007 the bank replaced that loan with another one. At that point did the new loan also include your overdraft (if you had one on your current account at the time) or was it simply a new loan at a more attractive rate or extended term or increased amount?

You ceased to make payments in 2009 for whatever reason, but if that loan had continued to run to the end it would have been 2012/13 before the contractual loan finished (according to you). When the loan was defaulted may be an issue with SB not when you last paid towards it.

If you stopped payments to the loan in 2009 but still remained a bank customer until 2012, is there a possibility that the amount HSBC assigned to Arrow included the loan 'leftovers' from 2009 and any overdraft you may have had?

In other words, when you look at the amount being claimed could HSBC have amalgamated two accounts before selling them on? They used to do that and then give the whole 'new' account a new reference number.

I hope I've explained that a bit better than my last effort

In the meantime this forum has a guide to what steps you need to take next here > http://legalbeagles.info/library/gui...y-court-claim/

Di

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Thanks again for your reply. They refinanced to reduce the monthly payment because I couldn't afford the original payments.I did have an overdraft with HSBC but I continued to bank with them up until 2012 when I closed the account in 2012 the overdraft was satisfied shortly after, so I don't think it could of been added to the loan when it was sold on in 2009

[Diana M]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Thanks again for your reply. They refinanced to reduce the monthly payment because I couldn't afford the original payments.I did have an overdraft with HSBC but that was still
outstanding when I closed the account in 2012 and was satisfied shortly after , so I don't know if that was added to the loan when it was sold on in 2009

Okay, we can have another conversation about this later.

The important thing is to file your Acknowledgment of Service stating you intend to defend all of the claim, send a s 77-79 CCA Request to Arrow Global (owner of the debt) using the address on the claim form, and a CPR 31.14 Request to Restons (the solicitors).

If you need help filling in the blanks on the template letters then post on your thread and someone will help you.

Di

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Thanks i will acknowledge it now and choose to defend the claim and send the relevant letters sent on Monday. Many thanks again for your help

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Sorry to add to this thread so quickly but the more I think about it the more I feel they have added the overdraft to the defaulted Loan from 2009 all the dates seem to add up that way. I think remember that when I left HSBC I left with a small overdraft and it could well if not been settled with a payment, my credit report states that arrow opened the account in 2009, but I'm adamant it was first sold to moorcroft, could HSBC re sell the loan to arrow at a later date (2014 in this case) and add the outstanding overdraft to create a new account? Also if I was to defend the case and lose what would my options be? Or would I just be better accepting the debt and offering them an instalment plan? I could accept the ccj on my record as the last thing in need is credit at the moment, Either way I would unfortunately not be able to pay the balance in full in my current financial state. Many thanks for your help with this

[warwick65]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Hi
Moorcroft, as far as I am aware are just debt collectors, they do not buy the debt just chase you on behalf of the creditor

Follow Di's advice here are the links for the CCA request and CPR request

http://legalbeagles.info/library/gui...etter-example/

http://legalbeagles.info/library/gui...-of-documents/


Did Di mention sending a SAR to HSBC?
If not I would do that as well- it needs a payment of £10

Subject Access Request - S.7 Data Protection Act 1998
Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.
Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and am entitled to under section 7(1) of the Act. If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
For the avoidance of any and all doubt, I reiterate:
I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).
Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.
I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.
You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.
Yours faithfully,

As [MENTION=87380]Diana M[/MENTION] said, if you need help with the templates just ask

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Thanks for your contribution, the more I think about it the more I feel my defence will fail because of the overdraft from 2012 being added on to the original loan debt from 2009 I never knew this would of been an issue,but all the dates seem to point this way. What would the difference be if I acknowledged that I owed the debt and asked to pay in instalments or sending off the letters as putting in my defence as statute barred and losing? Or should I wait until I reviece a reply from my statute barred letter before I choose to defend the claim. I take it it's too late to go back to restons with there original expenditure form to avoid the added court costs etc, sorry my heads in quite a pickle with it all!!

[Diana M]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

the more I think about it the more I feel my defence will fail because of the overdraft from 2012 being added on to the original loan debt from 2009 I never knew this would of been an issue,but all the dates seem to point this way.

Ah but you don't know why I asked you those questions about two 'products' being combined. I never say why I ask a question because I don't want people to try to second-guess the answer. I simply want the facts

You've assumed it's a negative thing but maybe it isn't.

I also think you're overthinking the situation.

You've received a claim form and there are things you can do to build your case for the Defence. At the moment your mindset is all doom and gloom, but that can be changed.

File the AOS, prepare the letters to send on Monday and then enjoy the rest of your weekend.

Di

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Thanks Di I will file the aos and get the letters sent Monday, fingers crossed they'll be some good news to come. Thanks again

[Dutch]

Re: Court Claim - Arrow Global ltd / HSBC - 11-7-2017

Hi just an update on my case in hope someone will see this, I filed my aos and sent my letters off which were received on the 18th of July, I have heard nothing back no letters zip! I'm starting to worry now as i have to put my defence in by the 11th of august and at the moment I have nothing to put in my defence other than the statute barred defence