Arrow Global Limited/Bryan Carter Solicitors - Please Help

[YorkshireBee]

Background:
In the past, due to (mainly) mental health issues but also being a bit of a muppet, I got myself into debt and financial problems, which involved CCJs etc. This was a number of years ago, and despite - or perhaps because - of my ex-partner's even bigger inability to deal with money, I got myself sorted, learned to budget and save, and thought I was doing okay. I had one outstanding debt with Cabot, which I was paying off at a fiver a month and for which I now have full and final settlement.

However, on Friday I received the following Claim Form and I would like some advice on how to proceed, please.

Claimant: Arrow Global Limited, 20-22 Bedford Road, London WC1R 4JS
Address for sending documents and payments: Bryan Carter Solicitors LLP, Persimmon House, Dehavilland Drive, Brooklands Business Park, Weybridge, Surrey, KT13 0NT

Particulars of claim:
The Claimants claim is for the balance due under an agreement which is now all due and payable.

The Defendant agreed to pay monthly instalments under account number D/153xxxxx-2but has failed to do so.

And the Claimant claims the sum of £999.00

The Claimant also claims interest thereon pursuant to S.69 County Court Act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00

There is a link to an online claim site www.moneyclaim.gov.uk

And a breakdown:
Amount claimed: 999.00
Court fee: 55.00
Solicitor's costs: 70.00
Total amount: 1124.00

Points to make:

• I don't know who these people are - admittedly, if I've had letters I don't recognise, I've not been opening them (old habits etc) but I presume these are debt collectors and not anyone I might owe money to
• I don't recognise the account number - it could be an old Halifax Cardcash account I had, but I don't have any paperwork
• I've never entered an agreement (knowingly - unless it was part of the old combined CCJ?) to pay anyone (other than Cabot for the debt they agree is settled) a monthly debt payment

In the letter was a "response pack" giving me some options, an Acknowledgement of service, An Admission (specified amount) form with space for financial details, and a Defence and Counterclaim form.

Could someone please advise what my next steps are?

The Court mentioned is Northampton, and I live in Sheffield - will I need to go to the court at any time, as this could be awkward as I don't have transport.

Many thanks for your help

YB

[dogtired]

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

bumb please can some one advise YB?

[Bill-K]

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

DT - I'm sure I've already posted you a copy of my 'Prove It' letter - and there are others by CurlyBen & Militant, too. We must each pass on what we have learned here - that's the way it works.

" Dear Sirs
Alleged Debt to XXXX

I acknowledge receipt of your recent letters, demanding money and threatening me with litigation.

If I am to treat your demand with any seriousness at all, then I must insist that you arrange for the Original Creditor - allegedly and presumably XXXX - to DIRECTLY provide me with FULL details of this alleged debt, along with a proper Notice of Assignation of the same to yourselves.

If you are indeed a legitimate DCA, then I am sure that you will be aware that this is not just a matter of common courtesy - but is a legal requirement. Until such time as you can supply clear proof that this alleged debt exists and is lawfully enforceable, AND that you have been lawfully and properly authorised to pursue it, then I would politely – but firmly - suggest that you refrain from threatening me with litigation.


Should you attempt to pursue this matter through the courts, then please be aware that the court will require certain pre-action protocols to be observed. This includes viewing the conduct of all parties in the matter prior to the claim being submitted. I am not sure that the court would view the conduct of your client or yourselves thus far in a very favourable light.

As things stand, I have no indication of what this sum of money is for, nor whether you have any lawful authority to request it from me. I am sure, therefore, that you will see that the only sensible action I can take is to treat your claim as fraudulent, which – incidentally – is why your original letter was treated with the contempt it appeared to deserve, and was simply ignored.

I appreciate that you may well be doing a difficult job with the sincerest of intentions. However, I must ask you to similarly appreciate that there are a great many fraudulent operations in the field of Debt Recovery, and that I must - with all due respect - assume that your demand is fraudulent. Therefore, unless and until you can provide the lawfully-required documentation to support your claim WITHIN 14 DAYS of the date of this letter, it will be deemed by default that you have confirmed your abandonment of this pursuit.

I am sorry to have to take this stance with you, but I have been defrauded before, and I am now very much the wiser for that. Please be advised that further unlawful attempts to obtain money from me will be referred to the Police as fraudulent.

Yours faithfully

Bill-K_ "

This is Militant's:-

" Dear Sir/Madam

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I/we look forward to your reply.

Yours faithfully,

Militant. "

[YorkshireBee]

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

Thanks for the replies - I've found CurlyBen's, so will use that, and I'll return the Acknowledgement of Service and see what happens.

I've never had any time for bullies, and that's all these people are, it seems.

YB

[biondani]

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

That account number is certainly in the format of a Halifax card cash roll number. I would recommend editing it out of your first post though as never a good idea giving out account numbers in public forums.

Ian

[YorkshireBee]

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

Thanks - number now edited.

YB

[Bill-K]

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

Well, I would say this is a claim issued through 'Moneyclaim Online,' which I believe is based in Northampton, Bee. As such, it appears to be a properly-lodged claim for money through what is essentially a branch of the Small Claims court service set up for making simple claims for money online. So, it shouldn't be ignored. I believe that if you ignore it, then the court will have to make judgement against you ('Judgement by Default') - and you would then probably find it very difficult to avoid paying.

It sure seems like either Cabot - or even another DCA has sold the debt to Arrow, and they think they have a good chance of pursuing it, as these DCA's don't usually lodge a claim quite so readily. My best suggestion is for you to send Ben's letter to Arrow by recorded delivery, and enclose a copy of it when you return the court documents with your defence which would simply be that you have no idea what this claim is for, and have been given no details of the alleged debt or prior warning of the claim. Arrow have not identified themselves to you, and you thus believe their claim to be either erroneous or fraudulent - as the Police advise. You have been issued with no letter of assignment of this alleged debt by this, or any other agency, and you request the Court to put them to strict proof that the alleged debt exists, is legally enforceable and if so, that Arrow have any lawful right to pursue you for it.

I don't think you need to return the admission form and/or any counterclaim - just the defence. I believe that if Arrow then decide to continue, it will be passed to the ordinary Small Claims service. I believe you then have the choice of which court you want it dealt with by.

I'd appreciate comments from others here, though, as it's ages since I've dealt with the courts.

[YorkshireBee]

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

Thank you Bill-K - I was wondering how to word my defence (you'd never guess I write for a living!) and this has been very helpful. A letter and Postal Order is ready to go to BCS, and my defence to the court.

If I can ask another question - what is the timescale now likely to be? It's just I'm going to be travelling for work soon, and I don't want to be worried about missing deadlines.

Thanks again

YB

[Bill-K]

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

I'm glad I may have helped, Bee. I guess we can all string words together, but we each need help when we're writing outside of our chosen 'area of combat.' It's the little terms and phrases that we need to be given, and we can then weave them into our own personally-styled presentation. It's all nicked or borrowed - ie., shared. The words of a good barrister often hold me in awe - just plain single-syllable words - but woven with such precision and purpose !!!

I'm not sure on timescales - and you are right in affording importance to that aspect. Mostly, these are dictated to you by MCOL and/or the court. Take it a step at a time - so get your preliminary defence in now. Get written acknowledgement every time if you can, as this will be essential if things get nasty later. TBH, I doubt that they will, but we must show them that we have some idea what we are doing.

If - after you have submitted your preliminary defence to MCOL - this bunch STILL want to push the matter further, then I think there will probably be quite some time before you need to submit anything needing more than one brain cell. Next thing will be for you to state which court you want to be heard in, I think. I doubt if it will actually go any further than that !!!

[bluebottle]

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

Well, I would say this is a claim issued through 'Moneyclaim Online,' which I believe is based in Northampton, Bee. As such, it appears to be a properly-lodged claim for money through what is essentially a branch of the Small Claims court service set up for making simple claims for money online. So, it shouldn't be ignored. I believe that if you ignore it, then the court will have to make judgement against you ('Judgement by Default') - and you would then probably find it very difficult to avoid paying.

It sure seems like either Cabot - or even another DCA has sold the debt to Arrow, and they think they have a good chance of pursuing it, as these DCA's don't usually lodge a claim quite so readily. My best suggestion is for you to send Ben's letter to Arrow by recorded delivery, and enclose a copy of it when you return the court documents with your defence which would simply be that you have no idea what this claim is for, and have been given no details of the alleged debt or prior warning of the claim. Arrow have not identified themselves to you, and you thus believe their claim to be either erroneous or fraudulent - as the Police advise. You have been issued with no letter of assignment of this alleged debt by this, or any other agency, and you request the Court to put them to strict proof that the alleged debt exists, is legally enforceable and if so, that Arrow have any lawful right to pursue you for it.

I don't think you need to return the admission form and/or any counterclaim - just the defence. I believe that if Arrow then decide to continue, it will be passed to the ordinary Small Claims service. I believe you then have the choice of which court you want it dealt with by.

I'd appreciate comments from others here, though, as it's ages since I've dealt with the courts.

It looks like Uncle Brian is up to his old tricks, Bill. The amounts fall within the Small Claims Track as they are under £5,000.

[YorkshireBee]

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

Well, apart from the acknowledgement of my defence by the courts, I have heard nothing from any of the other parties. The time limit for the "lawyers" to give me the proof has expired, I guess my next step is to say "you can't prove it, drop it, and never darken my door"?

Edited:

I have two letters from Bryan Carter.

The first says "We have referred the matter to our client and will revert to you as soon as we are in receipt of instructions"

The second, dated two days later (boy their client comms must be good" says "We have been notified by the court that you have filed a defence to this claim. In an attempt to settle this matter before hearing and in order to avoid either party incurring further costs, we confirm that our client is prepared to accept payment of the full balance by monthly instalments..." and goes onto ask me to fill in an affordable amount in the attached Consent Order and saying if I don't respond they'll ask the Court to strike out my defence.

Given that they have totally ignored my "prove it" letter - what steps/response should I make now?

Many thanks for your ongoing support!

Bee

YB

[miliitant]

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

THE problem is the claim will end up stayed and resurrected later

you need the claim thrown out

have a nose

http://www.legalbeagles.info/forums/...d-court-action

[YorkshireBee]

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

Thanks for the response, but I'm not sure how it relates to my case? The thread linked seems to be about a business loan and seeing if PPI was mis-sold, or perhaps I'm missing something?

Bee

[miliitant]

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

It shows how to get a claim thrown out if the claimant fails to produce the documents requested by the defendant within an agreed period of time

[miliitant]

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

Tell carter thanks but no thanks if it was me