Received a Claim Form

[LMD01]

I have received a Claim Form
Issue Date: 10/03/2022
Have you Acknowledged the Claim?: yes
Total Amount Claimed : £4,700
Claimant’s Name: Arrow Global Ltd
Solicitors Firm: Drydens Ltd
Original Creditor: Santander
Original Debt : Credit Card (Balance Transfer from diff card)
Particulars of Claim: £4,338.15 (+ court costs)
Is the debt Statute Barred: Originally went for help to debt agency years ago and since then have been paying £1.00 pm every month by standing order
Letters Sent: CCA and CPR including £1.00 cheque which was returned as they said they no longer require payment.
Any Other Information or Background Detail: They have said I have defaulted on payments (which I have not) as these are standing order every month.

[atticus]

May I ask whether you have a question on which you seek advice?

[echat11]

a) When was the account opened?

b) You need to write out what it says on the Claim form. Particulars of Claim: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX.

c) Send Santander a Subject Access Request, they have 30 days to provide all the data on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

[LMD01]

a) I cant remember when the account was opened

b) Particulars of claim:

1. Owed £4,700 on a credit agreement held by the defendant with Santander, which the defendant failed to maintain payments.
2. A default notice was served upon the defendant and has not been complied with.
3. The balance owed was assigned from Santander to the claimant, and the defendant has been notified of the assignment by letter

c) Subject Access Request: Is this in addition to the CCA and CPR letters which I have already sent?

I'm trying to follow the advice on this forum but still feel unsure what to do next. The only response so far has been the return of my cheque payment of £1 which they said was no longer required.

[MIKE770]

have you acknowledge claim and tick defend all? also date of issue claim? as a defence needs to be in within 28 days.
Check dates

CPR 31.14 Request send to solicitors no charge get proof posting and keep copy of all request and proof of posting in a file

example Defence put in on MCOL a day or so before deadline with an up of the situation i.a. on such a date CCA request to dare not received etc etc

[echat11]

Your Defence needs to be lodged with the Court by the 6th April (send their solicitors a copy, make sure you get Proof of Postage), it can be done online, it will reflect the non compliance by the creditor to your requests for information i.e. CPR 31.14, CCA Request etc.

If you have questions ask.

[LMD01]

1. Acknowledge the Claim (Date of Claim issued 10/3/22) DONE was sent recorded del
2. Write to Claimant to obtain a copy of the Credit Agreement DONE was sent recorded del
3. Write to Claimant’s Solicitors to obtain more information about the claim Will do today as I must have missed this.

I have just found that the original agreement was May 2007

[MIKE770]

do not tell them as if they supply one you can see if it is correct or not, do not help them to find one.

[LMD01]

do not tell them as if they supply one you can see if it is correct or not, do not help them to find one.

I was just replying to someones question above.

I'm now slightly confused with this CPR 31.14 letter. I have already asked for a copy of the credit agreement earlier, isn't this asking for the same?

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode

Dear Sirs,

Claim Number: XXXXXX

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

On xx/xx/xxxx 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 documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx.

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM – eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT – ask for the CONTRACT…IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Notice of 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/xxxx.

I look forward to hearing from you.

Yours sincerely

Your Name

[LMD01]

a) When was the account opened?

b) You need to write out what it says on the Claim form. Particulars of Claim: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX.

c) Send Santander a Subject Access Request, they have 30 days to provide all the data on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Subject Access Request: As Arrow Global Ltd are the ones who have taken over the debt, isn't it them that I need to send this to and NOT Santander?

[echat11]

I was just replying to someones question above.

I'm now slightly confused with this CPR 31.14 letter. I have already asked for a copy of the credit agreement earlier, isn't this asking for the same?

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode

Dear Sirs,

Claim Number: XXXXXX

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

On xx/xx/xxxx 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 documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx.

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM – eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT – ask for the CONTRACT…IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Notice of 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/xxxx.

I look forward to hearing from you.

Yours sincerely

Your Name

a) The CPR 31.14 request is part of the Civil Procedure Rules, it allows you to obtain copies of documents the creditor is relying to make their Court claim against you. In their Particulars of Claim they state the following:

'Particulars of claim:

1. Owed £4,700 on a credit agreement held by the defendant with Santander, which the defendant failed to maintain payments.
2. A default notice was served upon the defendant and has not been complied with.
3. The balance owed was assigned from Santander to the claimant, and the defendant has been notified of the assignment by letter'

So when you make your request, they have 14 days to provide you with those documents.

b) Yes the CCA request is asking for the same document, the credit agreement but under CCA 1974 Act, this you can ask for anytime, unlike the CPR31.14.

[echat11]

Subject Access Request: As Arrow Global Ltd are the ones who have taken over the debt, isn't it them that I need to send this to and NOT Santander?

You could do, they will pass the request onto Santander.

[LMD01]

a) The CPR 31.14 request is part of the Civil Procedure Rules, it allows you to obtain copies of documents the creditor is relying to make their Court claim against you. In their Particulars of Claim they state the following:

'Particulars of claim:

1. Owed £4,700 on a credit agreement held by the defendant with Santander, which the defendant failed to maintain payments.
2. A default notice was served upon the defendant and has not been complied with.
3. The balance owed was assigned from Santander to the claimant, and the defendant has been notified of the assignment by letter'

So when you make your request, they have 14 days to provide you with those documents.

b) Yes the CCA request is asking for the same document, the credit agreement but under CCA 1974 Act, this you can ask for anytime, unlike the CPR31.14.

OK, so if I just ask for DEFAULT notice and Assignment Letter that will be ok, as credit agreement has already been requested?

[LMD01]

You could do, they will pass the request onto Santander.

Or is it the Solicitor (Drydens) who are dealing with all this?

[echat11]

OK, so if I just ask for DEFAULT notice and Assignment Letter that will be ok, as credit agreement has already been requested?

Ask for all 3, because they have mentioned all 3 in their Court Claim.