Arrow Global Limited/Bryan Carter Solicitors - Please Help

[alham]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

Spot on my friend.

[miliitant]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

many thanks

lets chalk up another victory

by the way

we won the last set aside application

http://www.legalbeagles.info/forums/...p-urgent-smith

[alham]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

GO-Go militant. I am fortunate that I've never been in situations like these but it must be a real relief when ones back against the wall to have someone like this site's members on your side.

[YorkshireBee]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

Thank you so much for this everyone - I'm sorry I wasn't able to reply earlier, it was a bit of a dash in, check and run as I've been at conferences and covering for sick colleagues. Fingers crossed for a good result!

YB

[YorkshireBee]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

Okay, things are moving on. Of course, it would be the week that I'm floored with a virus, but I'm hopeful I have time to get things sorted. Both Arrow and the Court have mailed me:

I've received a letter and some papers from Arrow Global. Contents are as below:

DEBT OWED TO Arrow Global Limited

ASSIGNED BY HBOS ( ACCOUNT NUMBER xxxxxxx)

We write further to the above matter and acknowledge your request for documentation pursuant to the Consumer Credit Act 1974.

We do not accept that we are the creditor as envisaged by the above statute.

This account arose under an overdraft facility. Even if this account was regulated under the Consumer Credit Act 1974, Part V of the act does not apply to this facility and there will accordingly be no executed agreement.

We do, however, enclose:

1. 33 pages of Bank Statements from XXXX 2005 up until XXXX 2008, detailing your account history
2. A reconstituted Notice of Assignment; and
3. A copy of our Allocation Questionnaire today filed at court; you will note that we have expressed an interest in Mediation in a bid to resolve this matter amicably.

We look forward to hearing from you

(no name given on the signature)

Questions on this:

1. Are they correct in their reasoning in refusing my request or are they trying it on?
2. The "closing balance" on the final statement is £695.59 - the amount they are claiming in the Notice of Assigment is £1162.50. There has been no breakdown of costs/charges - is that usual/allowable?
3. In an earlier letter, they claimed I opened the account in July 1996 - they have given no evidence for this or given me any document with my signature on - is that important? Should they have provided the full set of statements?
4. The £695.59 is over the approved overdraft limit for the account and many of the transactions are £35 "fees" for failed transactions. Does this have any relevance?
5. What on earth do I say to them (if anything?)

The second letter has come from my local County Court

Notice of Allocation to the Small Claims Track (Hearing)

District Judge XXXX has considered the statements of the case and allocation questionnaires filed and allocated the claim to the small claims track

The hearing of the claim will take place at XXXX on the 9th January 2013 at XXXX and should take no longer than 90 minutes.

A hearing fee of £80 is payable by 6 December 2012 by the claimant unless you make an application for a fee concession. Failure to pay the fee will result in the hearing being removed from the list.

(edited stuff about the fee)

Each party hall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing.

The original documents shall be brought to the hearing.

Signed documents setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and all copies included in the documents filed and served. This includes the evidence of the parties themselves and of any other witness, whether or not he is going to come to the court to give evidence.

The court may decide not to take into account a document (or video) or the evidence of a witness if these directions have not been complied with.

I guess some of what I need to do depends on answers to the first letter but what documentation do I need? Just all the correspondence since I started this fight? It's not much...

I'm getting worried now. I saw the court letter today when I got home and threw up with nerves - am I fighting a losing battle?

Thanks for your help

YB

[miliitant]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

gotcha

same old story

if they are demanding money, they are the creditor, case law dictates

give me a few hours and i will deal with this

pure bovine excrament as usual

[miliitant]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

copy of our Allocation Questionnaire today filed at court; you will note that we have expressed an interest in Mediation in a bid to resolve this matter amicably

i bet you want it done through mediation

The original documents shall be brought to the hearing

so much for your reconstructed assignment/documents etc

gotcha

what does it say after the above statement on the aq about mediation

[miliitant]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

Jones -v- Link Financial Ltd

if they are saying they are not the creditor, but they are on the assigned account

and that parts of an overdraft are covered under the cca 1974

[YorkshireBee]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

Miliitant I'm so happy to read your posts. My cynical side was saying "they're playing games" but my cautious side was all "you're in trouble now!" - I should have remembered that when dealing with any financial institution, a healthy scepticism is in order.

The AQ from Arrow just has the "yes" box ticked re: mediation. The Notice of Allocation from the court does not mention mediation at all. I ticked the "yes" box on my own AQ.

YB

[miliitant]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

I WILL DO A WITNESS STATEMENT FOR YOU TO SEND TO THE COURT

CHECK MATE

[Celestine]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

the reason they have not mentioned it is that they are unable to locate the documents as to your cpr 31.14 request

shame that

lets get this claim thrown out, never to bother you again

Just being pedantic here, but WHEN did the OP do a CPR 31.14 request?? Did the Prove It letter specifically mention CPR31.14??

I've read the thread thrice and can't see it?

Please reassure me peoples xx

[YorkshireBee]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

Thank you!

[miliitant]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

Just being pedantic here, but WHEN did the OP do a CPR 31.14 request?? Did the Prove It letter specifically mention CPR31.14??

I've read the thread thrice and can't see it?

Please reassure me peoples xx

i will re-read the thread

[miliitant]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

celestine

the 31.14 request which was sent direct to uncle bryan before he withdrew his representation of arrow

its obvious he never passed the request on to arrow

i sent the cpr 31.14 template by pm

[YorkshireBee]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

I sent the letter below to Bryan Carter on 6 September (with a £1 postal order made payable to Arrow Global) - the letter was sent recorded delivery. Details redacted

Dear Sirs


I DO NOT ACKNOWLEDGE ANY DEBT TO ARROW GLOBAL LIMITED OR ANY OTHER COMPANY OR ORGANISATION THAT YOU OR THEY MAY BE ASSOCIATED WITH.


I am at a loss as to why I have received a claim from your client regarding an alleged outstanding debt. I do not acknowledge any such debt, and I believe that this claim may have been issued in error – or is potentially fraudulent.


I request that you send me a true and legible copy of any credit agreement referred to before I will correspond further on this matter.


This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement (should one exist) on request.


Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement (should one exist) should be supplied within 12 working days from the date of this letter.


I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.



For the sake of clarity, may I also draw your attention to the following:


Consumer Credit Act 1974 s.175
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.


Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.


In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :


1. True copy of original signed executed credit agreement
2. FULL Statement of account
3. Copy of the executed deed of assignment from the original creditor and Arrow Global Limited
4. A fair processing notice.


As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.


Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.


Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.


I look forward to hearing from you within the statutory time limit.


I would appreciate your due diligence in this matter.



I look forward to hearing from you in writing.

Of course, I got nothing from Bryan Carter, just that they were sending the matter back to Arrow.

YB