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

[warwick65]

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

Hi

From the first few posts I am assuming it was a loan

If so it is S77(1) and then S77(4)
http://www.legislation.gov.uk/ukpga/1974/39/section/77
That explains it in technical jargon


If it were a credit card or revolving credit it would be S78(1) and S78(6)
http://www.legislation.gov.uk/ukpga/1974/39/section/78

Helps if you understand what you are saying


Carey v HSBC explains what is required for a S77 or S78 request
A copy ( true or reconstituted) of the agreement at the time of signing
A copy of all associated terms and conditions at time of signing

A copy of terms and conditions at default ( or current if not defaulted)

A statement of account which can just be a signed letter stating how much the present outstanding balance - it doesn't need to include a list of transactions

I believe [MENTION=7765]Joanna C[/MENTION] played a large part in this case ( of whom [MENTION=87380]Diana M[/MENTION] is an authorised rep)

- - - Updated - - -

crossed posts [MENTION=6]Amethyst[/MENTION]

[Dutch]

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

would the overdraft be classed as revolving credit? as it seems they have comined this with the original loan and created a new account

[Dutch]

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

Ok so I received a letter today from arrow dated 27 of july and now I'm really confused. It says that they do not accept that they are the creditor as envisaged by the above statute. However they are willing to assist obtaining what has been requested. They will now process my request for the documentation and will revert in due course, that also confirm that all collection activity will be suspended pending provisions of the documents, they also returned the 1 pound payment. Ive obviously already submitted my defence, what does this mean and would this of benefitted my defence?

[warwick65]

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

Typical AG response.
I think it needs including in your defence because my understanding is that only a creditor can bring a claim. However not sure how to argue it in court

[Dutch]

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

My defence is already in unfortunately it had to be in by the 13th of this month

[musicmonkey]

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

Ok so I received a letter today from arrow dated 27 of july and now I'm really confused. It says that they do not accept that they are the creditor as envisaged by the above statute. However they are willing to assist obtaining what has been requested. They will now process my request for the documentation and will revert in due course, that also confirm that all collection activity will be suspended pending provisions of the documents, they also returned the 1 pound payment. Ive obviously already submitted my defence, what does this mean and would this of benefitted my defence?

I got the exact same response from them even where they returned my payment.
I am just putting together my defence (writing a draft for the great team here to have a check over) I am going to try use it in my defence and also the fact they sent it to a really old address of mine, and not even the address the claim was submitted to or what was on my letter to them!

[warwick65]

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

OK. Well leave it until your WS

[Dutch]

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

Hi Just an update on where im at. recieved a letter from the court confiming they have my defense and that arrow have 28 days to contact the court and proceed. Another letter has come from Arrow saying they are still awaiting the reciept of documentation from the original creditor, and the account is still on hold. Ive also recieved a letter from restons acknowleging my defence they go on to say that they responded to my CPR 3114 request on the 2nd of August, which basically says the particulars of the claim was sufficient information for me to launch a defense. they also go on to say

1. the original gredit agreement for the loan facility was dated 11/5/2009 which is absoloutley incorrect.
2.HSBC should have sent me statements on an annually basis during the lifetime of the account.(no documents)
3.i Should of recieved notice of assignment around 22/10/2014 again no documents sent to prove this.
4.S87(1) requires a creditor to serve a default notice on a debtor in order to demand early repayment of any sum due under the credit agreement. in other words a default notice only needs to be served where the creditor seeks to recover the full outstanding balance before the loan term expires.once its expired the creditor has an automatic entitlement to recover the full outstanding balance.(but in my first letter recived from them they say it was defaulted in 2013)
5.they lastly go on to say they are waiting the request made s77/78 for the CCA and there currently awaiting confirmation that the request has been complied with by the claimant. i n any event we respectfully point out that even if a valid request has been made , non - compliance with such a request does not mean the claimant is unable to recover the debt indefinatley.
basically they have no CCA for what they claim in 2009 as i never signed for any loan in 2009. Can they proceed and still win without giving me the documents or proving what they are claiming is true? Because the bottom line is i never signed for a loan facility in 2009. thanks in advance

[Dutch]

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

Hi im wondering if someone could help me as im unsure where i go next with this. i havent heard anything from the court or restons since i handed in my defence on the 11th of August. it seems this has now become stayed as its been over 7 weeks? if thats the case what will happen next? and what steps should i be looking at next?

[Dutch]

Hi I’m hoping someone could help me and sees this as it’s an old case, 8 months after the claim has become stayed I have now received a letter from Arrow saying the are now conducting a review of my defence and they will write to me to advise how they will proceed, my last letter received from them back in December states they were unable to revert to the original creditor for the documents I requested in my defence at this time, and as they aware unable to provide copies they acknowledged the account is unenforceable. Is this something I should be concerned about? Is This common 8 months after the claim has become stayed?
thanks in advance

[Amethyst]

bump for merging

[Diana M]

received a letter from Arrow saying the are now conducting a review of my defence and they will write to me to advise how they will proceed, my last letter received from them back in December states they were unable to revert to the original creditor for the documents I requested in my defence at this time, and as they aware unable to provide copies they acknowledged the account is unenforceable. Is this something I should be concerned about?

Without seeing the exact wording of that letter Arrow sent you in December it's hard to say whether you should be concerned by this new letter.

Did that letter say why they were unable to revert to the original creditor?

Restons Solicitors were instructed in these proceedings when the claim was issued in July 2017. What's the last thing you've heard from them and when?

Since you say Arrow's letter states that they are conducting a review of your Defence and they will write to advise you how they will proceed it may make sense to wait for that next letter to see what their intentions are following the review.

Di

[Dutch]

Hi Di

Thanks for your reply. The letter recieved in december from Arrow didnt explain why they were unable to obtain the documents i requested, it just states they are unable to retain the documents at this time so the debt is unenforcable they also stated all attempts of collection would cease until the documents are retrieved, but if they are able to posses the documents in the future then the debt would become enforcable, something along those lines. As for the last time i heard from Restons,it was a letter i recieved which was posted above on the 3rd of september

Many Thanks