Restons / Arrow Global Ltd / HFC Bank Ltd

[OneMoreRound]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

Just a quick update.

Both letters were received and signed for, the following day (19/09/17).

Yesterday (20/09/17) I received an acknowledgement of defence letter from the court, stating that a copy is being served on the claimant.

[warwick65]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

Yes, I've seen other threads saying that very thing. What payment would that be, though?

I am expecting Arrow Global to fail to produce a CCA. That should stall things, shouldn't it?

As you are sending Restons a copy of the cca they might try to be clever and say you haven't sent the payment. As long as you sent it to AG that is fine.

[OneMoreRound]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

As you are sending Restons a copy of the cca they might try to be clever and say you haven't sent the payment. As long as you sent it to AG that is fine.

Ah, I see. Well, that would make them look pretty foolish, as

1. I've made it clear that what I've sent them (along with the CPR 31.14 request) is a copy of a letter sent to AG
2. That payment for the CCA has been sent to AG

But I still wouldn't put it past them!

[warwick65]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

Foolish yes but damage their case probably not.

You would have an accident if you saw some of the letters I have received from solicitors and dca s in the past

[OneMoreRound]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

You would have an accident if you saw some of the letters I have received from solicitors and dca s in the past

I don't doubt it! I've had some howlers in the past, too.

I had hoped those days were behind us. But it's OK. One way or another, they will be.

[OneMoreRound]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

Good morning all.

As expected, the "We do not accept that we are the creditor..." letter from Arrow Global arrived today, with the returned PO attached. However, because they're such kind-hearted people, they're "willing to assist in obtaining that which has been requested." Bless their little cotton socks.

One thing that caught my eye was the first mention of Idem Capital Securities Ltd, in the subject line of the letter:
"ASSIGNED BY Idem Capital Securities Limited (ACCOUNT NUMBER xxxx)"

I presume AG purchased this 'debt' from Idem. Would that make Idem the creditor? I wonder.

The letter also states:
"We confirm all collection activity will be suspended pending provision of the documents."

I also find myself wondering if it could be argued that initiating legal proceedings whilst (apparently) not possessing essential documentary evidence is vexatious litigation...

I hope you all have a nice weekend.

[MIKE770]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

The letter also states:
"We confirm all collection activity will be suspended pending provision of the documents."

if a claim issued they cannot suspend proceedings only a court could

[OneMoreRound]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

The letter also states:
"We confirm all collection activity will be suspended pending provision of the documents."

if a claim issued they cannot suspend proceedings only a court could

Thanks Mike. Yes, I realise that. I was just quoting the letter.

They could, however - if they are true to their word (ha!) - instruct their solicitors (Restons) to wait. That in turn could lead to the claim being stayed.

I expect Restons will be in touch at some point.

[Amethyst]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

Arrow are the creditor under the act - see section 189 and the definition of creditor.

Ignore their 'activity on hold bit' and stick to the original timescales.

[Diana M]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

One thing that caught my eye was the first mention of Idem Capital Securities Ltd, in the subject line of the letter:
"ASSIGNED BY Idem Capital Securities Limited (ACCOUNT NUMBER xxxx)"

I presume AG purchased this 'debt' from Idem. Would that make Idem the creditor?

It may mean there were two assignments in the chain which they'll have to prove.

Is the Claimant Arrow Global Ltd or Arrow Global (Guernsey) Ltd.?

What documents did you ask for in your CPR 31.14 Request to Restons (my apologies if you've already posted that information on this thread)?

Di

[OneMoreRound]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

Arrow are the creditor under the act - see section 189 and the definition of creditor.

Yes... I know! (Thanks to my research - including this site/forum).

Ignore their 'activity on hold bit' and stick to the original timescales.

Will do. Am doing.

[OneMoreRound]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

It may mean there were two assignments in the chain which they'll have to prove.

Interesting. I may need to pick your brain further, on that point...

Is the Claimant Arrow Global Ltd or Arrow Global (Guernsey) Ltd.?

Arrow Global Ltd.

What documents did you ask for in your CPR 31.14 Request to Restons (my apologies if you've already posted that information on this thread)?

There is absolutely no need to apologise! I appreciate all the input/advice and it must be impossible for you to keep track of all the threads you're helping on.

I paid heed to the advice to only request documents mentioned in the POC. All that was mentioned therein was "... a contract between the Defendant(s) and HFC Bank Limited" - so that was what I requested.

[Diana M]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

I think you need them to produce the Default Notice and the Notice of Assignment(s).

Di

[OneMoreRound]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

I think you need them to produce the Default Notice and the Notice of Assignment(s).

Di

Would that be Restons, or AG? And would you suggest an immediate follow-up letter to that effect?

I have yet to hear from Restons.

[warwick65]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

Hi
Well Di is far more knowledgeable than me but one way to get them to disclose is include them in your defence. Examples are given in the template defences . Lines such as

It is denied a default notice of any sort was served on the defendant. The claimant is put to strict proof a default notice compliant with S87(1) CCA was served on the defendant

It is denied any notices of assignment were issued, the claimant is put to strict proof such legal assignments between HFC and Idem xxxx and Idem xxxx and the claimant took place by providing copies of the deed of assignment

They are just quick lines I have typed so probably need a bit of tweaking.

Another way of getting some info is a part 18 request but they are a little complicated and must be specific .
I am no expert so will leave that to others to advise