Arrow Global and Reston Claim Form !

[Angelica]

Hello ,

Thanks for the wonderful job done here.
I received a claim form recently of which i have acknowledge. The particulars of claim is as follows;

The claimant claims payment of the overdue balance due from Defendant under a contract between Defendant and XXXXPPP dated on or about June 2002 and assigned to the claimant on September 2016.

It is a credit card.

Can you help with technicalities involved?

Which letters has to go where?

Regards

[Kati]

Re: Arrow Global and Reston Claim Form !

First steps are here ~ http://legalbeagles.info/library/gui...y-court-claim/
you've already acknowledged, so you need to send a CCA request to the claimant and a CPR request to the claimants' solicitor xx

[Angelica]

Re: Arrow Global and Reston Claim Form !

1) you've already acknowledged,

2) so you need to send a CCA request to the claimant and a CPR request to the claimants' solicitor xx

Thanks

1) I did that by post, does that make any difference in dates of filing defence etc ?

2) Do i need to send £1 postal order to both of them?

Cheers

[MIKE770]

Re: Arrow Global and Reston Claim Form !

sen pound only for the CCA request

CPR31.14 no charge

[Amethyst]

Re: Arrow Global and Reston Claim Form !

Thanks

1) I did that by post, does that make any difference in dates of filing defence etc ?

2) Do i need to send £1 postal order to both of them?

Cheers

The Defence date is based on the date of issue of the claim rather than the acknowledgement. If you are sending your Defence by post though allow a couple days for receipt.

( deadline is 33 days after the date of issue printed on the claim form - 28 days from service (when you received the claim) )

[Diana M]

Re: Arrow Global and Reston Claim Form !

I received a claim form recently of which i have acknowledge. The particulars of claim is as follows;

The claimant claims payment of the overdue balance due from Defendant under a contract between Defendant and XXXXPPP dated on or about June 2002 and assigned to the claimant on September 2016.

It is a credit card.

Can you help with technicalities involved?

Which letters has to go where?

Do you only want help with the technicalities or do you need any legal input since there's more to defeating a claim than just sending template letters?

Who was the original creditor and have you sent them a Subject Access Request to get the full history of this account?

The POC say it was a "contract" and you say it was a credit card. Can you remember how you opened the account such as online, in response to a pre-approved invitation letter, in branch, in a car park etc?

What is the amount being claimed and could there have been PPI on the account?

In answer to your question about Defence filing date, the deadline is 33 days from the Issue Date on the claim form regardless of when you received it.

A claim is 'deemed served' five days after it was issued (assuming it was served by MCOL) even if you received it the following day or a week later (which is why claims are often issued just before long Bank Holidays which gives you less time to react). Only the claim Issue Date is relevant for calculating the deadline.

Di

[Angelica]

Re: Arrow Global and Reston Claim Form !

1) Who was the original creditor and have you sent them a Subject Access Request to get the full history of this account?

2) The POC say it was a "contract" and you say it was a credit card. Can you remember how you opened the account such as online, in response to a pre-approved invitation letter, in branch, in a car park etc?

3) What is the amount being claimed and could there have been PPI on the account?

Di

1) HBOS. I have NOT sent them SAR letter.
I also hold a current account with them till now.

2) POS says a contract. It was a credit card.
I cannot remember how the account was opened but DEFINITELY not in-branch.
3) £3K. I cant remember. It's over 10 years

Thanks

[MIKE770]

Re: Arrow Global and Reston Claim Form !

if you have a current account with them also change current account to another Bank not in the same group of companies

[Angelica]

Re: Arrow Global and Reston Claim Form !

if you have a current account with them also change current account to another Bank not in the same group of companies

Thanks

[Diana M]

Re: Arrow Global and Reston Claim Form !

I cant remember. It's over 10 years

When did you last make a payment to the creditor (is that still HBOS or has it been assigned to a debt purchaser who is now the Claimant in these proceedings ?) and do you know if a Default Notice was issued and what was the remedy date if there was one?

Di

[Angelica]

Re: Arrow Global and Reston Claim Form !

1) When did you last make a payment to the creditor (is that still HBOS or
2) has it been assigned to a debt purchaser who is now the Claimant in these proceedings ?)

3) do you know if a Default Notice was issued and what was the remedy date if there was one?
Di

1) 2 years go.

2) It appears so.

3) Default notice was issued years go.

About 2 years ago when i checked my file from credit agency, it has been dropped from my file.

Cheers

[Angelica]

Re: Arrow Global and Reston Claim Form !

Arrow responded that they are NOT the creditor so they returned the postal order promising to get the documents from original creditor.

Should i wait for them?

[Onestepatatime]

Re: Arrow Global and Reston Claim Form !

This appears to be their default response, I am currently sitting and waiting too!
Have you done a SAR to Original Creditor?

[charitynjw]

Re: Arrow Global and Reston Claim Form !

Arrow responded that they are NOT the creditor so they returned the postal order promising to get the documents from original creditor.

Should i wait for them?

This appears to be their default response, I am currently sitting and waiting too!
Have you done a SAR to Original Creditor?

“creditor” means [F15(except in relation to green deal plans: see instead section 189B(2))] the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

http://www.legislation.gov.uk/ukpga/1974/39/section/189

[Onestepatatime]

Re: Arrow Global and Reston Claim Form !

Thank you for raising this [MENTION=5553]charitynjw[/MENTION] I was going to post a thread about this very point but was waiting until id had more of a chance to reread that section again.
How is it that the law defines it that way but AG (and possibly others?) seem to interpret it differently? Surely if a court case was to be brought by them then this admission by AG would deem the case to be thrown out? In my mind this defines SCAM by these so called legitimate collectors or am I missing something else here?