Court Claim - Arrow Global / HSBC - 18-7-2017

[musicmonkey]

Received a claim? Yes
Issue Date: 18-7-2017
Amount approx: 2400
Claimant: Arrow Global
Solicitor: Shoosmiths
Original Credit: HSBC

Particulars of Claim:


Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:


- - - Updated - - -

Particulars: 1. the claimants claim is for the sum of £xxxx.xx being monies due from the defendant to the claimant under a regulated agreement between the defendant and HSBC Bank plc (ref no.xxxx) and assigned to the claimant on 21/11/2014, notice of which has been provided to the defendant.
2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974
3. The claimant claims the sum of £xxxx.xx
4. C has complied, as far as necessary, with the pre-action conduct practice direction.

Other info: I have not heard of Arrow Global before and not had any notification about the debt being with them. I believe there probably is some money due to HSBC from when I had a credit card around 2012 when I was out of work and had no income. I have drafted a CCA letter to send to Arrow and also a CPR 31.14 request letter - I have not sent these yet as I have only just got the claim form today.

[musicmonkey]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

I have drafted the following to the solicitors... (CPR 31.14)

My Details
date

Solicitor Address

Dear Sirs,

Claim Number: xx


Request for documents mentioned in a statement of case under CPR 31.14

On xx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of the documents you mention in your statement of case ahead of filing my defence on 15th August 2017
1. Agreement with HSBC reference: xx

2. Default Notice - not sure if this needs to be in?

3. Notification of Assignment to the Claimant on 21/11/2014

4. Formal Demand - not sure if this needs to be in?

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.
I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX July 2017.

I look forward to hearing from you.

Yours sincerely


MyName

- - - Updated - - -

claimant address

Re: Card Reference Number xx

Dear Sir/Madam

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.


If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,
xxx

- - - Updated - - -

Just wanting to check that this is the correct form of action?

[warwick65]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Hi
So have you acknowledged the claim online?

You have 19 days from the date on the form to do that- just tick acknowledge and defend all

You then have another 14 days to enter your defence

The CCA request looks ok and should go to Arrow Global at the address on the claim form- I assume this is Booth St Manchester? Send royal mail signed for with the £1 fee

The CPR request goes to Shoosmiths
I would just say the agreement rather than the agreement with HSBC
Under Notice of assignment , I would add copy of the assignment

They will probably tell you the formal demand was not included so can not be sent

I would also send a SAR to HSBC asking for all info - you can use this to check against the details of the claim such as when AG say the default notice was issued

[musicmonkey]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Yea I acknowledged the claim and defended all.
I'll send the letters today, signed delivery.
What is a sar and is there a template for this anywhere?

Thanks for your reply!

[charitynjw]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

What is a sar and is there a template for this anywhere?

http://legalbeagles.info/library/guides_and_letters/court/subject-access-request/

[musicmonkey]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

hi. I have recieved an update. I was wondering what my next steps are, any help is much appreciated as I am close to the defence date (I think)
They actually sent it to an old address that I no longer live at but I know the person that lives there. Should I just put back in the post as 'not at this address? It wasn;t the address I put on my letters, so i am not sure why they posted it to that address.

Letter received from Arrow Global - 3rd August 2017. (only just been told the letter was there for me, like I said, I dont live at the address it is addressed to and haven't for a number of years)

Dear musicmonkey,

we thankyou for your letter received on 26 july 2017 and we acknowledge your request for documentation pursuant to the Consumer Credit Act 1974.
We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested from the creditor and will revert in due course.
we confirm that all collection activity will be suspended pending provision of the documents.
we return the payment of £1.00
thank you for your cooperation.
Arrow Global.

Can you advise / help me with what to do next in view of the original details I posted about getting a court letter? I'm panicking slightly and could do with the help.
I am going to put this letter back in the post as 'not known at this address'
What else should I be doing? I haven't had a letter from Shoosmiths (the solicitor for arrow global)

thank in advance!

[dogtired]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Looks like the "standard" Arrow reply, I got the exact one and they still have not supplied any documents after three years.
(Also BOS)

[musicmonkey]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Looks like the "standard" Arrow reply, I got the exact one and they still have not supplied any documents after three years.
(Also BOS)

so what should I do? I have been sent a claim form from the county court business centre. In the Arrow letter it said they were suspending collecting any money - does that mean it goes away?

ps. thanks for the quick reply!

[Kati]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

keep an eye on the court timescales!! You need to get a defence in on time regardless of whether they have said that it's "on hold" or not. If the issue date in post #1 is correct then your defence is due on the 20th August (33 days after issue) - https://www.timeanddate.com/date/dat...aw=&ad=33&rec=
TEMPLATE DEFENCE

[musicmonkey]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

keep an eye on the court timescales!! You need to get a defence in on time regardless of whether they have said that it's "on hold" or not. If the issue date in post #1 is correct then your defence is due on the 20th August (33 days after issue) - https://www.timeanddate.com/date/dat...aw=&ad=33&rec=
TEMPLATE DEFENCE

Yes the date of issue is correct. I wasn't 100% sure on the time to get defence in, wasn't sure if it was the full 33 days or just 14 days from date I acknowledged the claim.
Still have no clue what I do with the defence part - but will have a proper read through this forum!

[musicmonkey]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

keep an eye on the court timescales!! You need to get a defence in on time regardless of whether they have said that it's "on hold" or not. If the issue date in post #1 is correct then your defence is due on the 20th August (33 days after issue) - https://www.timeanddate.com/date/dat...aw=&ad=33&rec=
TEMPLATE DEFENCE

I just clicked on the defence section on moneyclaim.gov.uk - and it says 28 days from date acknowledged. but is the 5 days difference due to the served time?

[Kati]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

28 days from service or 33 from issue date (they give you an extra 5 days from issue to try and make sure it gets to you ) ... we usually suggest that the defence is filed by 33 days tho' xx

[warwick65]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Hi

It is 28 days + service from the date on the claim form so a total of 33 days from that date, no other or you might get a default judgement

Use the basic sample defence but post a draft (- any personal details) first and people will check it over for obvious errors

I wold include in your defence a couple of points
1) The claimant is asked to prove their right to make a claim by disclosing the deed of assignment or something like that

2) Arrow global denied they were the creditor in a letter dated xxxxxx and if that is true it is denied they have a right to bring a claim

Don't put them as 1 and 2 but insert them in an appropriate place

[musicmonkey]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Hi

It is 28 days + service from the date on the claim form so a total of 33 days from that date, no other or you might get a default judgement

Use the basic sample defence but post a draft (- any personal details) first and people will check it over for obvious errors

I wold include in your defence a couple of points
1) The claimant is asked to prove their right to make a claim by disclosing the deed of assignment or something like that

2) Arrow global denied they were the creditor in a letter dated xxxxxx and if that is true it is denied they have a right to bring a claim

Don't put them as 1 and 2 but insert them in an appropriate place

Do you think I should reference the letter Arrow sent even though it isnt to my current address and I only got the mail by chance? I was just going to put in the post as not known at this address.

I'll start to draft my defence and put a post up here (wont be until sunday though)
Also, I forgot to post a SAR to HSBC - should I do that still? If so, what is the best template and how would I find the address. I have googled data protection address and nothing is showing up.
thanks again!

- - - Updated - - -

28 days from service or 33 from issue date (they give you an extra 5 days from issue to try and make sure it gets to you ) ... we usually suggest that the defence is filed by 22 days tho' xx

ok. well in that case I will start drafting the letter and get it posted on here (i cant do it until sunday though as i havent got all my details to hand at the mo) thanks for helping

[warwick65]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Why did Arrow send that letter, which was a reply to your CCA request to another address ?

have you moved recently ?

What address did you put on your letters to AG and the solicitors

I think it would be very wise to let them all know where your current address ( assuming its at least semi permanent ) is
[MENTION=87380]Diana M[/MENTION] [MENTION=5553]charitynjw[/MENTION] [MENTION=6]Amethyst[/MENTION]

Just asking for a second opinion