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Have you received a County Court Claim form?: Yes
What is the issue date printed on the Claim form: 21st July 2017
Who is the original creditor: HSBC
Who is the claimant?: Arrow Global
Who is the claimant's solicitor?: Restons
Please type out the particulars of claim: The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HSBC dated on or about Feb 18 2011 and assigned to the Claimant on Aug 29 2014.
PARTICULARS a/c no - ******/********
What is the approximate amount of the claims?: £6,000
Type of debt: Loan
Have you done any of the following since receiving the claim?: Acknowledged the Claim
Do you believe the debt is statute-barred?: Yes
I sent copies of the CPR (Restons) and the CCA request (Arrow) a few weeks ago now and have heard nothing. I've sent copies of them again today but the time to file my defence is growing short now. Any advice that anyone could give would be gratefully received!
Copies of what are sent are as follows:
What is the issue date printed on the Claim form: 21st July 2017
Who is the original creditor: HSBC
Who is the claimant?: Arrow Global
Who is the claimant's solicitor?: Restons
Please type out the particulars of claim: The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HSBC dated on or about Feb 18 2011 and assigned to the Claimant on Aug 29 2014.
PARTICULARS a/c no - ******/********
What is the approximate amount of the claims?: £6,000
Type of debt: Loan
Have you done any of the following since receiving the claim?: Acknowledged the Claim
Do you believe the debt is statute-barred?: Yes
I sent copies of the CPR (Restons) and the CCA request (Arrow) a few weeks ago now and have heard nothing. I've sent copies of them again today but the time to file my defence is growing short now. Any advice that anyone could give would be gratefully received!
Copies of what are sent are as follows:
CCA Request to Arrow:
My name and address
Date
Arrow's address
Dear Sir/Madam
Re:− Account Number XXXXXX/XXXXXXXX
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,
My name
My name and address
Date
Arrow's address
Dear Sir/Madam
Re:− Account Number XXXXXX/XXXXXXXX
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,
My name
CPR Request to Restons:
My name and address
Date
Restons address
Dear Sirs
Claim Number: XXXXXXXX
Request for documents mentioned in a statement of case under CPR 31.14
On XX/XX/2017 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 following documents you mention in your statement of case ahead of filing my defence.
1. Contract
2. Assignment
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/XX/2017.
I look forward to hearing from you.
Yours sincerely,
My name
My name and address
Date
Restons address
Dear Sirs
Claim Number: XXXXXXXX
Request for documents mentioned in a statement of case under CPR 31.14
On XX/XX/2017 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 following documents you mention in your statement of case ahead of filing my defence.
1. Contract
2. Assignment
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/XX/2017.
I look forward to hearing from you.
Yours sincerely,
My name
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