Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

[susiec]

Sorry but which is the Resolver letter ?

[susiec]

[susiec]

This is the letter forwarded from Arrow via Shoosmiths today.

[susiec]

I have my letters to Shoosmiths and Arrow on my email but am having a job attaching them.

[susiec]

my letter to shoosmiths

[Amethyst]

Do you want to fwd me the emails on email - the pics aren’t very readable - sharon@legalbeaglesgroup.com

re Resolver - you mentioned making a complaint about charges through Resolver - do you have a copy of the complaint / letter /email etc?

[susiec]

Hi Amethyst
Ive emailed you and hope the images are clear enough.
Ive not mentioned Resolver in any of my posts and havent used them ......
Thanks again for your help
Susie

[Amethyst]

Oh, sorry, I must be muddling your thread up with someone elses, sorry just ignore me then on that !

Got the docs, your CCA letter is absolutely fine the letter from Arrow is completely normal ( bonkers, but normal for them and nothing to worry about at all ) You only requested the Notice of Assignment in the CPR 31.14 request - presumably that's all they actually 'mentioned' in their particulars of claim, however nonetheless they have replied to say they are obtaining statement of account, Agreement & Notice of Assignment from the original creditor ( for the CPR request ) so that's all fine too.

The letter from Arrow is addressed in my previous name to an address I have not lived at for 6 years

that's a bit odd, particularly if they are responding to a letter you sent to them, presumably with your name and address on it. Nothing to worry about, just shows how pants they can be at getting their own house in order before bringing these claims - they just expect everyone to ignore or pay up - 87% of claims just go to a default judgment, a terrible statistic IMO.

[susiec]

Bonkers is right !!
where do I go with this now Amethyst- mindful of a defence being lodged & I have nothing to defend myself with .....or is there any glaring errors they have made collectively that will be of use ?
my grateful thanks continue x

[Amethyst]

We'll have a look at the defence tmw, you might still receive documents between now and filing it but it's good to get a draft underway now. We'll have a look tomorrow so please don't be worrying overnight, the letters you have had from Arrow & the solicitors are absolutely standard and normal - if you search on google ( actually here https://www.google.co.uk/search?q=le...albeagles.info ) you'll see a plethora of threads with exactly the same letter. Dating back beyond the Jones v Link ruling that Warwick referred to earlier ( http://www.bailii.org/ew/cases/EWHC/QB/2012/2402.html if you want some bedtime reading lol ). They just carry on. But read some of the threads and you'll see how normal it is and it is nothing to worry about.

You know when you left the account, do you recall why / how ? did the overdraft become difficult to manage so you moved to a new account at a different bank ? do you remember how much it was at that time? or simply because it had been your joint account previously with your late husband?

Other details will come with the SAR from LLoyds so don't worry too much, but do you know if it was a fee charging account or an account with minimum income and direct debit payment limits ? packaged with things like travel insurance etc ? protection insurances ?


Just for later ref the Particulars are

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 sum has been requested, but as at the date hereof refused. The claimant claims the sun of £1386.78 “

[susiec]

Thank you Amethyst.
late 2013 I decided that I would open my “ own” account to put some closure on what had been a difficult few years. My late husband had a terminal illness suffice to say. I believe the o/d was around the amount stated. The Lloyd’s account was a platinum one with packaged travel, mobile , car breakdown insurance & cost around £17 a month.
Im trying to get this sorted on the quiet as I am recently remarried & not wanting to involve my new spouse in historical issues not of his making. Not relevant to the matter I know but just background info. I’m anxious to lodge the defence and at least buy some time and not get a judgment by default. If you would kindly help me draft a defence it would go a long way in reducing my level of anxiety .
Again please accept my thanks
Susie x

[susiec]

Hi Amethyst
please would you be able to help me draft my defence ?
im concerned I have a deadline looming ...
i appreciate how busy you are and would be grateful x

[MIKE770]

Example Defence

[Amethyst]

Morning I'm going to go through your thread this morning and put together a bit of a draft for you based losely on that example that Mike has posted xxx

[Amethyst]

The Lloyd’s account was a platinum one with packaged travel, mobile , car breakdown insurance & cost around £17 a month.

Did you use any of those insurances ( did you get your own travel insurance when you went on holiday, have AA cover as well etc ) ?

( You're okay to submit Monday or Tuesday next week with this btw )