Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

[Onestepatatime]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

Personally I believe that they do this so that they can torment you via their solicitors in the hope that you back off and just pay up??

[warwick65]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

Why would that be warwick65 ? If they have purchased the debt aren’t they the creditor ? If they don’t believe they are the creditor how can they be allowed to ask for payment? I’m confused!

Who knows why
I agree with you and as far as my understanding goes- so does the law in fact I think there is case law that says so
Jones v Link says that the purchaser is also the creditor

Oddly ( well to me at any rate) some of the debt purchase industry tried to spin it as good for them because it gave purchasers the right to bring a claim, what they neglected was that (again in my opinion) with those rights came certain duties such as complying with cca requests etc. AG seem to think if they say they are not the creditor, us mere mortals will roll over and pay up. I suspect it does work in some cases otherwise they might not do it

[susiec]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

Good Morning
i have not received a response to my CCA request from Arrow and on Saturday received papers from Northampton County Court.
They state that “ the claimants claim is for the sum of £1386.78 being monies due from the defendant to the claimant as a consequence of the defendant incurring an overdraft whilst operating a bank account ( account number) with Lloyd’s Bank Plc
The debt was assigned to the claimant on 29/06/17 and notice of Assignment provided to the defendant, pursuant to the Law of property Act 1925.
payment of the above sun has been requested, but as at the date hereof refused.
The claimant claims the sun of £1386.78 “
Please can someone advise how to proceed with my defence ?
many Many Thanks

[MIKE770]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

First Steps

[Diana M]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

Perhaps that last letter from Shoosmiths was a Letter Before Claim which you didnt recognise as such (post # 26).

Did you send the Subject Access Request to Lloyds as I suggested in August and again at the beginning of December? You really do need that now.

Go online and tick the box stating you intend to defend all of the claim on the MCOL website. Don’t put anything in the “Defence” at this stage which is an easy mistake to make.

Send a CPR 31.14 Request to Shoosmiths solicitors asking for documents mentioned in the Particulars of Claim.

The Claimant has to prove their claim for a joint account opened in 1998. They’ve not put the account opening date in the POC so hopefully they have no idea of the history of this debt.

Di

[susiec]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

Thank you Di


The only document mentioned is the notice of Assignment which I have. Shoosmith did state in previous correspondence that they had a copy of the Agreement but they’ve not mentioned this in the Particulars - do I request that too ?

thank you

[susiec]

Good Morning, I requested the relevant information from Arrow & copies Shoosmiths & have received a response from Shoosmiths who say they have directed their Client to provide me with the documentation - ie statement of account, Agreement & Notice of Assignment. They also state that if they do not receive my formal defence by 7.2.18 they may be at liberty to request a judgement against me. Up until today I have not received any documents and am mindful of the clock ticking to lodge a defence.
Please can I ask for any direction on how to proceed?
i am so grateful for all the advice received , thank you.
Susiec

[Amethyst]

You will need to enter your defence before the 7th.

Did you get anything back from your SAR to Lloyds ? Do you know if the overdraft was renewed each year, and was the overdraft made up of charges or spends in the main part ?

[susiec]

Thank you Amethyst.
nothing back from Lloyd’s as yet.
i believe the overdraft was “spends” mostly , and as I only had the account in my sole name for about 2 years and Lloyds never questioned the o/d facility it must have auto renewed. From memory it appeared on any statements we had as joint holders then on statements after my husband passed away.
councidentally I have returned from work to another letter from Shoosmiths which includes Arrows response to my request for documentation.
shiismiths letter “ please find attached correspondence from our client along with Postal order of £1 which has been returned.
please note any further correspondence need to be addressed to Shoosmiths LLP directly and not to our client”
The letter from Arrow is addressed in my previous name to an address I have not lived at for 6 years. It states” we thank you for your letter and acknowledge your request for documentation pursuant to the we do not accept we are the creditor

[Amethyst]

ughhh same old crap then .... I still don't see how they think they can carry on sending that letter out disputing they are the creditor under the act - it's blatantly clear, and proven case law, that they are - plus the CCA should go to the creditor, not their solicitor. Keep the letters in the file anyway as you might want to refer to them later on.

How long ago did you sent the SAR to Lloyds ?

[susiec]

Apologies, I’ve lost half the letter detail somewhere ..
Arriw letter continued:
we do not accept 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 1874, Part V of the Act does not apply to this facility and there will accordingly be no executed agreement. In addition we confirm :
the account is in default, the total sum outstanding is £1536.78 and the amounts which will be payable comprise interest and costs depending on what enforcement action is taken against you.
we return your £1.00”

i don’t know where this leaves me in terms of a defence now.
can anyone help ? Thank you so much.
Susie

[Amethyst]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

Don't panic when AG write back saying they do not think they are the creditor. They seem to always do that

There

[susiec]

SAR to Lloyd’s -12 January.

This is a real mess I’m not sure I can defend

susie

[Amethyst]

Okay so a way to go before they have to reply ( they have 40 days ) so defence will have to be in before then.

Can you paste the Resolver letter you sent ? Just so we know what it was exactly.

It isn't a mess at all xxx

[susiec]

Why do Shoosmiths say Arrow are the creditor on the Court papers then ? I’m baffled.