Help fighting a Claim

[Leechies]

Received a claim: Yes

Issue Date : 8/10/2019
Have you Acknowledged the Claim? : Yes
Total Amount Claimed : £9k
Claimant’s Name : Arrow Global Guernsey Ltd.
Solicitors Firm: Shoosmiths LLP
Original Creditor :MBNA
Original Debt : Credit Card
Is the debt Statute Barred : Yes & I have had no contact with the creditors or claimant.
List any letters you have sent (eg: CCA/ CPR ): Ive sent CCA to the Claimant & CPR to the solicitors

Have I made the correct moves and when should I submit a SB defence?

[Amethyst]

Do you know when the debt defaulted or you last made a payment ( if after default ) ?

Sounds like you have done right so far and are on track to file your defence. You have until about 8th November to defend so see what , if any, responses you get to the requests you have sent. It is normally best to have a back up defence ( CCA issues etc ) to statute barring, just in case you are misremembering dates etc.

Also Arrow Global Guernsey Ltd don't appear to be authorised by the FCA and the company is listed on companies house as Dormant/non-trading. pt2537 - any cases on this one regards authorisation etc?

[Leechies]

The debt defaulted back in 2009 and I think its been sold on a few times. The latest claimant seems to somehow have found my address and started the CCJ angle.
Could you assist in helping me understand what the CCA defence would look like? Although I'm confident a SB defence is the way to go I agree a back up would be a good idea.
Not sure now about Arrow Global being a dormant/non-trading company, should I contact the acting solicitors and raise this point?

Ps. Help is much appreciated!

[Leechies]

Can someone tell me how to present the CCA defence on the Money Claim site? Also am I able to change my defence if I choose to do so after it's been submitted?

[Amethyst]

Hiya, Once your defence is in that is it unless you apply ( or are ordered to) amend so it is best to get all of the defence points in at the start then as they fall away ( if they do ) you still have the alternatives there. So you want to say primarily that the debt is statute barred, and secondarily say that the claimant has not complied with the CCA 1974 - non compliance with your s.77/78 request for a copy agreement, no default notice received and so on. There is an example here to start you off --->>> Example Defence

[Leechies]

Thanks again.
Which section 77 or 78 of the Consumer Credit Act 1974 ??

[Leechies]

Also not sure now about Arrow Global being a dormant/non-trading company, should I contact the acting solicitors and raise this point?

[Leechies]

I submitted my defence and recieved a letter back from the claiments solicitors stating that they have been told there was a payment made back in 2017 so the statue barred defence does not apply. I'm 100% certain there has been not payment so wondered how do I appraoch my next move?
For example do I reply to the solicitors asking for detail of the payment?

[MIKE770]

write to them and ask for amount they say was paid/by whom/when/how bank account etc???? and prove such payment was made

[Leechies]

I will do exactly that. Once I have there response how do I go about adding it to my already submitted defence?
FYI they also sent an income breakdown request form so as to have me make an offer of a possible settlement. This feels weak on their part and I suspect they are fishing!!

[MIKE770]

wait for their repose do not make offers until if ever we suggest you do they are vile thieves

[Leechies]

Still no response from the solicitors. How do I go about having the claim removed from the courts record?

[MIKE770]

Amethyst*

[Leechies]

Can you please advise what I do next as I've just received a letter from Arrow Global stateing a NOTICE OF DEFAULT SUMS with costs totaling £510.00
I've also still had no response on my filed defence back in October 2019. Can I ask for the CCJ claim to removed?

[Amethyst]

Notice of Default sums is an annual requirement letter so not anything to do with the court case.

It is likely that Arrow haven't responded to your defence so it has been automatically stayed.You can check the status of the claim by giving the court a call.

If it is stayed you can either leave it that way and see if Arrow pick it up again further down the line once they obtain the documents - or you could look at making an application to have the claim struck out due to it not being continued with and non compliance with your CPR and CCA requests, and it being statute barred.