Hill v Arrow Global (Restons Solicitors) Defence Help Needed Please

[Jimmer]

Hi,

Received a claim? 7th August 2017
Issue Date: 2nd August 2017
Amount approx: £3713.01
Claimant: Arrow Global Limited
Solicitor: Restons Solicitors
Original Creditor: Bank of Scotland
Particulars of Claim: The claimant claims payment of the overdue balance due from the defendant under a contract between the defendents and Bank of Scotland dated on or about Feb 11 2005 and assigned to the claimant on Nov 24 2016

Date 08/06/2017 Default Balance £3713.01
Is the debt Statute Barred? No.
List any letters you have sent: I originally sent a CCA letter to the Bank of Scotland in September 2008. They sent me back a copy of my application form. The debt was then passed on Moorcroft.
Any Other Info: I got into financial difficulty in 2008 when I separated from my partner and struggled to keep up with my debts. After becoming very depressed I entered into a DMP and payed £1 a month to all my creditors. After paying into this plan for many years the outstanding amounts didn't reduce at all and they continued to hound me by letter and phone. In 2014 I stopped making payments.

Please can you help? I received a MCOL claim on August 7th for a credit card. I have sent the CCA and CPR letters as advised. I have received a response from Arrow Global and they say:

We do not accept we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course.

We confirm that all activity will be suspended pending the provision of the documents.

I have to enter a defence today and the court have advised me to do so or the judgement may be made anyway. Please can you advise me what to say in my defence? I know they do not have a signed CCA agreement only a signed application form as I have requested it previously which is why the account was sold on again.

Thank you for reading.

Jem

[Jimmer]

Re: Hill v Arrow Global (Restons Solicitors) Defence Help Needed Please

I have attached a copy of my planned defence, is this ok?

[Amethyst]

Re: Hill v Arrow Global (Restons Solicitors) Defence Help Needed Please

Hi Jimmer xxx

Arrow always deny being the creditor - it's an odd thing to do. Sounds like everything is on track so far - defence wise maybe add a little bit in...

10. On the 10th August 2017 I sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant acknowledged the request and stated that they did not accept they are the creditor as envisaged by the Consumer Credit Act 1974.
12: It is my contention that they are indeed the Creditor as defined in s.189 of the Consumer Credit Act 1974 and therefore have a duty to comply with my formal request for a copy of the original agreement.
13. Therefore the Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

As you sent a CCA request to Arrow and they have failed to comply you are fine with the defence.... however be aware that should they provide the same as BoS originally supplied you with, it could well be compliant as an application form often doubles up as the actual regulated credit agreement, so worth getting it posted up to look over it ( if you receive same from Arrow ).

[Jimmer]

Re: Hill v Arrow Global (Restons Solicitors) Defence Help Needed Please

Thank you very much.