Restons / Arrow Global Ltd / HFC Bank Ltd

[Diana M]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

Thank you, Di. I do follow your logic . . .

Re: CPR 31.14 - isn't that something I should have done before submitting a defence? Would it still be relevant at this stage? I ask, as I genuinely don't know.

Yes. Yes and Yes again

Send the CPR 31.14 Request to Restons solicitors first thing tomorrow morning by Royal Mail Recorded Delivery.

At the same time send the CCA Request to Arrow with a copy to Restons solicitors.

Di

[OneMoreRound]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

Thank you, Di.

I do follow your logic. As vexatious as I consider Arrow/Restons' actions to be, I am taking this seriously.

About 12 years ago, we went through a very rough patch, financially. We got through it. Some damage was done to our credit ratings at the time. Since then, we have had the occasional 'chancer' chasing old debts from that period. Some we ignored. Others we engaged with, challenging them to show that the debts were enforceable (they were not). This is the first time we have encountered one we have no recollection of.

The rationale behind my choice of defence was this: surely, in order to be successful, the claimant will have to prove

1 That there is a debt for which I am liable
and
2. That it is not statue barred

The reason I focused on the latter and presented it as my primary defence is because it is an absolute defence, as far as I am aware. Although I am as sure as I can be that I/we don't owe this money to anyone, I wanted to guard against the possibility that it is one of those old debts - as they would certainly be statute barred.

Re: CPR 31.14 - isn't that something I should have done before submitting a defence? Would it still be relevant at this stage? I ask, as I genuinely don't know.

.

[Diana M]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

I suppose a CCA request can't hurt. But surely they'll be shooting themselves in both feet if they admit they don't have one, given that they've already initiated court proceedings? Because - unless I'm mistaken - that would be tantamount to saying "We knew it wasn't enforceable, but we thought we'd waste everyone's time anyway." The court would love that. -

The CCA Request may be what you need to defeat this claim. Don't assume they can't produce a credit agreement or reconstitute one.

I sense you think it's audacious of Arrow to have issued a claim but nevertheless it is a court claim and you must treat it as such.

You say (and appear to have pleaded in your Defence) that you don't recognise the debt (you think the claim has been made in error) and therefore believe it must be Statute Barred (unless I've misunderstood your stance).

The court may take the view that a debt can only be Statute Barred if it existed in the first place and has not been paid or acknowledged in the six years prior to the claim being issued.

You can't have it both ways (if you follow my logic).

You also say (in your paraphrased Defence) that "No evidence has been provided to me by the Claimant". So what evidence have you asked them for and how did you ask for it?

You say in post #1 that you've ignored all correspondence from both Arrow (the Claimant) and Restons (their instructed solicitors) so who rejected your request to provide evidence?

I've recently ignored some communications from Arrow Global Ltd, then Restons Solicitors. . . . . .

. . . . . I treated their next letter the same, then proceeded to ignore two from Restons. I really did not think they would be silly enough to take the matter to court.

In hindsight, I probably should have (at least) sent them a GFM (go forth and multiply) letter, stating that they were chasing ghosts and requesting some sort of proof to the contrary.

. . . . Was it a bad decision to ignore Arrow/Restons?

I think you need to send Restons solicitors a CPR 31.14 Request pronto.

Di

[warwick65]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

Sorry slow typing and small screen. Crossed posts

[OneMoreRound]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

It'd take you ten minutes and might make a difference later on ( well 10 mins if you are one of those rare people who still have a cheque book - otherwise it's a post office trip to get a postal order (ughh) )

HFC ran cards for a few people - Beneficial - Currys - PC World etc

Warwick - the claim arrived today

You know what? I think I have got a cheque book! It's probably unused - if I can even find it...

I suppose a CCA request can't hurt. But surely they'll be shooting themselves in both feet if they admit they don't have one, given that they've already initiated court proceedings? Because - unless I'm mistaken - that would be tantamount to saying "We knew it wasn't enforceable, but we thought we'd waste everyone's time anyway." The court would love that.

- - - Updated - - -

Thanks for the reply
Just checking

Restons are Imo the most duplicitous of all solicitors, a crown I am sure they wear with pride.

Sending a cca request really will take such a small amount of time and effort you would be ill advised not to send one.

Didn't HFC do a lot of store cards and the like

Thank you. Yes, they do seem to have quite the reputation.

I think I'll go ahead and send the request.

I don't know about store cards - I've never had one.

[warwick65]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

Thanks for the reply
Just checking

Restons are Imo the most duplicitous of all solicitors, a crown I am sure they wear with pride.

Sending a cca request really will take such a small amount of time and effort you would be ill advised not to send one.

Didn't HFC do a lot of store cards and the like

[Amethyst]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

It'd take you ten minutes and might make a difference later on ( well 10 mins if you are one of those rare people who still have a cheque book - otherwise it's a post office trip to get a postal order (ughh) )

HFC ran cards for a few people - Beneficial - Currys - PC World etc

Warwick - the claim arrived today

[OneMoreRound]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

Hi warwick65,

No - the date of the claim is 13/09/17. I filed a defence today.

The August date is given in the claim particulars. It literally just says "Date: 04/0817" - it gives no indication as to the significance of that date.

[OneMoreRound]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

I think you already know I'm just going to ask if you have sent a CCA request to the claimant. Was this a credit card with HFC ? Anything else on your credit file around the same amount ( HFC don't exist since 2013 - they mostly went to HSBC ) - the only concern really is if you are incorrect about it being defaulted before August 2011 you haven't got a lot to fall back on and may face having to amend along the line.

I think even though you have defended I'd get a CCA request over to Arrow.
I'd also get a request for the DN and assignment notice ( if mentioned in the particulars of claim) over to Restons.

Restons next, probably write to you and invite you to withdraw your defence because it's not SB ( regardless of whether it is or not ) ... but just have to wait and see for that.

Thanks Amethyst.

i haven't sent a CCA request. I suppose I could - I really begrudge giving them my time, to be honest. I wish I could make them pay for it.

The problem is I don't know what it's supposed to be for! They've not said. It's all very vague - even down to the date they've given, where they've said 'on or about'.

I can tell you it wasn't a credit card, though: I've never had one from HFC Bank - or any other HFC product, for that matter. And there's nothing on the credit files that even remotely looks as though it might be connected. It's bizarre.

if Restons do invite me to withdraw my defence, I shall probably invite them to go to hell!

[warwick65]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

Hi
You said the claim date was 4th August and you entered your defence today (15th September)

Are those dates correct and did you acknowledge the claim in the meantime?

[Amethyst]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

I think you already know I'm just going to ask if you have sent a CCA request to the claimant. Was this a credit card with HFC ? Anything else on your credit file around the same amount ( HFC don't exist since 2013 - they mostly went to HSBC ) - the only concern really is if you are incorrect about it being defaulted before August 2011 you haven't got a lot to fall back on and may face having to amend along the line.

I think even though you have defended I'd get a CCA request over to Arrow.
I'd also get a request for the DN and assignment notice ( if mentioned in the particulars of claim) over to Restons.

Restons next, probably write to you and invite you to withdraw your defence because it's not SB ( regardless of whether it is or not ) ... but just have to wait and see for that.