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  1. Hi, As per the title of the thread, I have been sent a form for a debt to Next Directory for £453.57. It gives a date of on or about 31/03/2008 and says it was assigned to them on 15/10/2010. I have never had an account, as such, with Next. The only thing I can think of is that I ordered six or seven items from them online in the after Xmas sale in 2007 and only two arrived. I remember phoning them and being told that the other items were being sent separately so to just pay for the two which had been delivered, which I did. An invoice arrived which stated that the other items were out of stock so, obviously, that was the end of the matter. The out-of-stock items would have come to about £400 pounds. It was a pain in the rear because these were "deferred" Xmas presents - we had just exchanged token gifts on the day so we could get the things we wanted half price a few days later. If that counts as having an account with them then yes, I did, but I never bought anything else from them, I paid for the items I received, never signed anything and do not owe them anything. What should I do now? It was nearly seven years ago so I don't have any paperwork and I am only guessing that this is the cause of the problem, if it isn't then I am stumped. I have a long running dispute with Barclaycard and have had lots of threat-o-grams so it is possible that Cabot have written to me in the past but I don't recall anything about this alleged debt.
  2. Hi all, My misses needs some advice on what to do next with the following. She received a claimform from Restons Solicitors on behalf of Cabot/Marlin regarding a credit card with Vanquis which defaulted about 2 years ago. Unbeknown to me she acknowledged on 12/08 and then submitted a defence on 01/09. She has just has now received a long response in reply to her defence from Restons dated 06/10 which is quite lengthy. She recalls that her limit was 250.00 and the claim is for 479.00 plus court costs, so a fair amount of interest and or charges have been added. She effectively has until tomorrow to respond to Restons lengthy letter which is below. 1) The claim was issued via the county court business centre which is a procedure specifically provided for in the CPR. This procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. 2) Although you have put the Claimant to strict proof of certain aspects, we should point out that you have not entered into an agreement with the claimant, nor do the POC allege that you have. The original credit agreement between you and Vanquis was dated on or about 05/10. In line with the T&Cs of that Credit Agreement, the original creditor had a contractual right of assignment. In other words, Vanquis was entitled to transfer their rights and benefits under the agreement to a third party and that right was exercised on 11/12. We now enclose copies of correspondence previously sent to you by the claimant (CABOT) and by our client (Marlin FS LTD) which we believe constitute valid notice of assignment. (NO official notice of assignment has been included with the letter(s)) 3) As the outstanding balance relates to a credit card facility, you were sent monthly statements of account by vanquish during the lifetime of your account. Those statements would have clearly identified any items of expenditure, payments made towards the account and the application of contractual interest / charges. In the circumstances we suggest you check those statements again to see how the balance has been calculated. 4) As explained above, the account was assigned to the claimant by Vanquius and you would have received confirmation of this in writing (not sure about this). In any event, we assume you do not allege that you are still being perused by Vanquis in respect of this debt so we see no reason why you would not believe that the Claimant is the legal creditor and owner of you account and hence the correct party to bring these proceedings against you. Now that we have provided you with further information with regards to tis claim, we would be grateful if you would confirm you are willing to withdraw your defence by completing the enclosed form N9A and returning it to this office within 14 days (this will be tomorrow). Failing which, we will recommend to our client that an application is made to strike out the Defence/ for summary judgement and an Order sought that you pay our clients costs associated with that application. Alternatively, you may wish to resolve this matter amicably without further court intervention. If this is of interest to you, please put forward your settlement proposals in 14 days. Thanks in advance
  3. Hi guys, It's been a while but things are starting to affect my day to day living once again... Here is the background. October 2007 I purchased a laptop from PC World under HFC agreement. July 2013 HFC transferred an account to HSBC Bank plc. In October 2013 this account then got sold to IDEM Servicing. During this time I was in a fee charging DMP paying various debts off, but I killed them off to attempt my own free repayment arrangement, but due to various reasons, I struggled and put it to one side. On 6th January 2014 IDEM served me with a default notice, with a written intention to terminate my loan agreement. I sent a CCA request on the 10th January enclosing £1 and included the revoke access for sending someone to my home address etc. With no response... Sure enough on the 22nd Jan, a "Notice to Terminate" letter came through demanding full payment of balance. I should have kept chasing for CCA but certain issues at home meant it took a back step and i got distracted. .. unusually hearing nothing from IDEM, until just recently. 1st October 2014, a letter comes through the door from "resolvecall" referencing the Idem account with me. But claiming they were contacted by "Arden credit management" to make contact with me to arrange contact with them (Arden.) I have never had any correspondence from Arden Credit Management. This is an Idem account. the letter from resolvecall stated if i did not contact Arden, one of their reps would make a personal visit within 28 days from the date of the letter (1st Oct). Today is the 8th of October and this evening at roughly 5:30pm, a rep arrived at my door... my Dad answered, the guy asked for me, my Dad advised I was unavailable. (I was upstairs in the bathroom at the time but I could hear him talking.) -- this is where I need your help too guys -- I heard the guy, after being told i was unavailable at the time, tell my Dad that he has been instructed by HSBC to make contact with ME so he could then put me in touch with someone over the phone that he held in his hand, to discuss an account I hold with them. Before I could get downstairs, the guy then started to ask if I held any debts at all.. . my dad at this point simply shrug his shoulders, I went downstairs and kindly asked him to leave the property. His response "Do you not want me to put you in touch with anyone then?" I repeated myself. He then said "ok" and closed his ring binder and left. I got his name.. but I have to admit , I am a little shaken up, my heart was doing that fight or flight pounding in my chest. Where do I go from here guys?? Who the hell do I send letters to now? I am still only in a position to offer £1 for any debt that I owe, there is no special treatment here. But did the doorstep guy from Resolve call breach any rules by talking to my dad and asking him questions? I really hope, after all that typing, you find time to offer your advise... Regards David
  4. Hi, i have recieved an MCOL claim form from cabot uk with restons as their acting solicitors. The particulars of claim is for overdue balance due from the defendant under a contract between the defendant and bank of scotland (aqua card) dated on or about XX/XX/2007 and assigned to the claimant on XX/XX/2011 in the sum of 34XX.XX. The claim was issued 10/09/14. I have acknowledged reciept and stated i will defend the claim in full, this was done on 22/09/14. A CCA request was sent to cabot on 24/09/14 to which they have replied. The reply has stated that they dont have the information on file and will have to request it from the original lender. They also say they anticipate to be able to provide this information within 40 days. A CPR 31 request was sent to Restons on 24/09/14 and they have also replied. Restons have basically said that this doesnt apply etc, and that the documents requested are not 'mentioned' in the particulars of claim. What happens next ? should i be looking at building a defence around the fact that cabots cannot provide the CCA and the evidence that any debt exists ? Any help would be great as im unsure as to how this all works.
  5. Hi, Just signed up looking for some advise on a 4 year old debt that was originally owed to Vanquis. Not going to bore you on the why's and wherefores of how the debt came to be but 2 years ago it was sold onto Cabot financial Services who's letters I have ignored. A few weeks back I received a claimform informing me that Restons Solicitors are taking me to court for the debt on behalf of Cabot Financial Services. I responded to the claim online on the 15th Sept stating I have no recollection of owing any debt to Restons Solicitors or its clients and have asked them to send me copies of signed agreements relating to their claim. I also sent a letter using the templates online to Restons Solicitors enclosing a £1 PO stating I do not acknowledge any debt to them or their clients and for them to send me a copy of original agreement with Vanquis, a full statement of account, a signed copy of assignment to Cabot Financial and any other associated documents within 14 working days of receiving my letter. I received a letter 4 days ago from Northampton CCBC dated for the 15th Septemebr acknowledging receipt of my defence stating the claimant or their solicitor may contact me direct to resolve the matter and if the matter can not be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform me what will happen. It also states that if the claimant has not contacted the court within 28 days of receiving a copy of my defence, the claim will be stayed. If they want to pursue it after that date, they will need to apply to a judge for an order lifting the stay. I have received a letter today dated 24th September from Cabot Financial saying if I want to close the account, they will offer me a 75% discount on the debt (£711.96 payable from £2847.87 which includes all the added charges) and I have 14 days to take them up on the offer. I have not received any of the documentation I requested from either Cabot Financial or Restons solicitors and the 14 day payment offer they have made goes over the time-frame I gave them to supply me with copies of the original documentation. Also the expiry date of their offer is very close to the time they need to inform Northampton CCBC of any further actions they wish to take. They say you should never presume but would I be right in thinking they do not have any copies of original signed documents I requested as surely if they did, they would be sending me them rather than an offer to only pay 25% of the final debt figure? Also should I still contact Restons Solicitors after the 14 days (plus 3 for post) has expired if they have still not sent me any of the information I have requested? Finally if their claim gets "Stayed", what exactly does that mean? All advise will be much appreciated.
  6. hi need help had ccj sent to me from restons via marlin finacial sent defence back saying i was not aware of any claims made against me please send proof of claim,reply was debt was assigned to cabot who have assigned marlin to collect the debt i sent a letter to the solicitors asking for copy of credit agreement and enclosed the fee they sent the lot back sayin they dont deal with it send it to marlin however they also stated this. in any event it may be usefull to explain that there is no longer an agrrement as this was terminated when i failed to comply with the terms of the default notice issued by the bank. so what do i do now ive not sent cca request to marlin yet.
  7. Hi all I would like a bit of advice towards writing a defence please. Let me fill you in with as much detail as I can. My husband and I split up in 2008, we were both in a mess financially and the arguments about money was one of the factors to our break up. I opened a new bank account Sept 08, and after many tough years of knuckling down working 60 hours a week plus the advice of this site, I am finally debt free apart from a mortgage and an old default which drops of in the next two months. In March this year out of the blue I received a letter from Arrow Global saying I owed them around £500 for an old personal loan I discarded this letter because I wasn't aware of any outstanding debts, although it was addressed to my ex husband and myself. I had another letter from Restons saying that unless proposals to pay were made they would issue court proceedings. I wrote back stating I was not aware of this debt nor acknowledge it, they wrote back saying again I must pay or legal action will occur. A few more letters went to and fro, eventually they sent a CCA for a loan dated October 97, I immediately responded with a statute bared letter. They claimed a £1 payment was made on this account Sept 08, I asked them for details of the payment ie. how it was received from which account etc. Earlier this month they asked me to prove to them that I had not made that payment, and prove to them when the limitation period began, I thought it was down to the DCA to prove I had made it. They have not sent me any documentation proving this payment so far. I ignored that letter because my last correspondence stated that unless they provided me with the proof of payment I would not reply any further. this week I have had the court claim through, I logged on to MCOL and said I wish to defend the claim in full. I am out of my league now, I have no idea what to put I am thinking of the SB defence but according to their letters they claim the payment was made on the 13/9/08 obviously this period will lapse during the time I am allowed to file my defence, does this make any difference? Could someone please help me pen a defence, I really don't want to mess my credit rating up for another 6 years, do you think I have a good chance of winning, or should I just pay to make them go away. Any advice, would be appreciated. sorry for it being such I long post, I just wanted you to have as much detail as possible to help me. THANK YOU ALL SO MUCH x
  8. Hi All I also have a ccbc claim form sent to me dated 22/7/2014. The money claimed is almost the same amount, restons are the solicitors and cabot the claimant. I sent cca request to cabot by recorded delivery on the 5/8/2014 and got a reply from the dated 11/8/2014 thanking me for my request but would have to sent it to marbles and want 40 days to do so. My cpr request to prestons was declined because i did not sign it. I have to file my defence to this claim and need advice on the defence. Could i use the same as posted with a few tweeks The default on my credit file is 30/7/2009. Do i still send second cca letter to cabot Thanks
  9. Hi all I sent a CPR 31.14 to Reston solicitors and got thefollowing response in brief. Please can someone look it over and any advice would begreatly appreciated. (Already acknowledged claim via MCOL) Claim issued via County Court Business Centre (Northampton) which is a procedure specifically provide for in the CPR. What does that mean? Anydifference being a County Court Business Centre? Paragraph 5.2A of practice direction 7E specifically states “The requirement in paragraph 7.3 of practice direction 16 for documents to be attached to particulars of contract claim does not apply to claims started using an online claim form, unless particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction. How do I defend if I can’t get what I need? See no reason to supply copy of contract/agreement as you would have received one at time of opening account? Probably did but since it was around 2006 can’t find it. Am I entitled to a copy? Stating documents I asked for are not mentioned in POC and therefore CPR does not apply. I asked for (using template from this site) 1: the agreement. You willappreciate that in an ordinary case and by reason of the provisions of CPR PD16 para 7.3, where a claim is based upon a written agreement, a copy of thecontract or documents constituting the agreement should be attached to or servedwith the particulars of claim and the original(s) should be available at thehearing. Further, that any general conditions incorporated in the contractshould also be attached. 2: theassignment 3: the default notice 4: the termination notice 5:statement of account Although you requested documents in order to file a defence/counterclaim. We point out that the POC contains sufficient information in order for you to understand what the claim relates to: 1. Thedate the account was opened. 2. Theaccount number 3. Theoutstanding balance 4. Thename of original creditor 5. Thefact account has been signed to Claimant and when it was assigned. Do I ask again for information I need or can I submit adefence that I do not have details needed to defend the case – could statutorybarred need statement of account to find out. Again any advice would be greatly appreciated.
  10. Hello all, First of all, I would like to just say yes, it is a debt I should have paid, and it's a crappy defence but I was a student who desperately needed a bed to sleep on at the time. I took out an Argos card sometime in 2005/2006 (the date on the County Court claim says 09/01/2006) and subsequently moved (several times - I was a student for quite some time), got married, forgot about it. Recently, I had been receiving letters from various different debt agencies, in my maiden name, for this debt, which is £253.55. I ignored them as I believed it to be time barred. So, last week I received a County Court claim, which turned out to be genuine. I hastily submitted a generic defence stating that the debt was time barred. Today, I received a letter from Restons Solicitors, who appear to have taken the debt from Cabot Financial, who took the debt from Argos. They claim the last payment received towards the account was on 01/03/2009, which is within six years. I knew that there was no way that was accurate, so checked my bank account - luckily I've had the same account for some time. There is no payment anywhere near this date. My records are available back to August 2007 and there are no payments whatsoever. They have asked me to withdraw my defence or they will strike it out and seek an order that I pay the client's legal costs on an indemnity basis. My question is, how do I deal with this now, since I can't submit any further defence online through MoneyClaim? Could I write Reston's direct, or is that inadvisable? Any help would be greatly appreciated.
  11. Hi all, after some guidance if possible please, I have received a claim form from Reston's for an alleged debt to Cabot/Opus, I have never had a Cabot CC, but I suspect it may have originally been a Citi card, I can't be 100% as the account number is completely different from any accounts I've ever had. I did send a CCA request to Citi back in 2010, which remains outstanding. It is not statue barred. I've taken these questions from another thread, any help would be greatly appreciated, as yet I have not acknowledged the Claim. Name of the Claimant ? -----Restons Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. ------22 July 2014 What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. -- --The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the defendant(s) and Opus Credit Card dated on or about 17/05/2004 and assigned to the claimant on 28/04/2011 in the sum of 4718. What is the value of the claim? ----4718 Is the claim for a current or credit/loan account or mobile phone account? ----CC When did you enter into the original agreement before or after 2007?----Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. ----Assigned to Cabot Financial Were you aware the account had been assigned – did you receive a Notice of Assignment? ---I cannot remember if I did Did you receive a Default Notice from the original creditor? ----Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? ----Can't be sure Was there a dispute with the original creditor that remains unresolved? ----Only the CCA request made in 2010 Advice appreciated, many thanks.
  12. Received yet another claim form (thats the third in 7 months for debts originating from 2010 when these financial problems first arose). Its for an overdraft and credit card originally with Lloyds. POC: The Claimant claims payment of the overdue balances (set out below) which the Defendant (s) have failed to pay as required under contracts with the following particulars acc no **************** and acc no ************** between the Defendant(s) and Lloyds TSB dated on or about 06/11/98 and 13/05/98 respectively. The contracts were assigned to the Claimant on 19/09/2013 and 19/09/2013 respectively. PARTICULARS:- a/c no **************** a/c no ************** DATE ITEM VALUE 30/06/2014 Default Balance ****.** 30/06/2014 Default Balance ****.** Post Refrl Cr NIL TOTAL :- ****.** No pre-action conduct letter was sent. I know the drill well enough by now as regards getting off CCA requests etc but have a couple of queries if anyone would be so kind to oblige. For starters has there been some kind of sea change in the way DCAs are operating? I read a few years ago that they were pretty unlikely to take court action and would simply rely on threats and persistence to try and get people to pay up. However having now received 3 seperate claim forms this year I assume this has changed for some reason. The other question I have is regarding the 'dated on or about' phrase in the POC. Is it usual to be this ambiguous or are they just covering their backs? I'm assuming it at least means they have no paperwork at this stage. As ever any feedback would be much appreciated.
  13. Hi Everyone Back again as Caboot are back. They appointed Marrlin who wrote to me asking for payment in full on a debt that I believe to be Statute Barred. Last contact from Arrgos Card Svces was in 2006 when they sent a notice of assigment. Payments continued to Moorcroft, unfortunately I cannot find the paperwork regarding this issue, it may be in attic. which I will need to access later today. I received letter from Reestons yesterday, the letter was dated 7 days prior to me recieving it. I have to contact them by next Tuesday, if I do not they submit a claim to the county court. This now leaves me less than 5 days to deal with this issue. Do I advise Reestons that I believe this debt is statute barred? Or that that I dispute the debt? or should i ask them to provide a CCA? I have asked a debt collector in past to provide a CCA which they could not do. I beleive I should now send a SAR to ARrgoos card svcs, is that correct? I think that I should also ask Caboot to provide a CCA? is that correct? As this is such an old issue I am not sure where to start with it, and as I have very little time to respond really need to know what to send to REsstons. Whatever i need to send will have to be sent Monday at the latest. Poppay
  14. start date 2004 Paid on a repayment plan until Dec 2012 stopped paying when they failed to comply under a s78 cca request Have done a SAR and another S78 cca request. I have looked for the template letter ..you are in default of my CCA request, can not find it. ( definitely me..and I should send it today) Particulars of Claim The Claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about 02/03/1994, in the sum of 9894.69 inclusive of interest to date of this summons at 19.8% per annum from 06/09/13 to 19/06/14 PARTICULARS OF ACCOUNT a/c no;- XXXXX DATE ITEM VALUE 06/09/2013 Default balance 8565.76 post Refrl Cr Nil 19/06/2014 interest £1328.93 Total:- 9894.69 together with:- Interest pursuant to contract at the rate of 464.66 pence per day to the date of Judgement or sooner payment regards JR
  15. First post so apologies if this is covering issues that others have talked about but I am going round in circles on this one. My husband had an Egg loan back in 2005. He went into a Debt Repayment Plan with Spectrum in 2006 and was paying £1 a month and stopped paying that in 2010. He has received a claim form from Restons Solicitors acting for Arrow Global Ltd and the issue date is 27th May 2014. He's never received anything from Restons or Arrow confirming that the debt had been assigned to Arrow. The Particulars of Claim are very brief: "The Claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about 15/08/2005 in the sum of £3xxx.xx PARTICULARS a/c o: 1xxxxxxx DATE ITEM VALUE 10/07/2013 Default balance 3xxx.xx Post Refrl Cr NIL TOTAL: 3xxx.xx" My initial thoughts were that there was no mention of the fact that it was an Egg loan and no mention of an assignment to them. Also, shouldn't the Particulars be 'clear and concise'???? They certainly are not. I filed an acknowledgement of service online on 4th June. I sent a CPR 31.14 request on 4th June requesting the contract and also requested a default notice, assignment and formal demand. Letter in today from Restons dated 13th June. They've sent the Loan Agreement under CCA 1974 and it's dated 8th August 2005 and signed by him on 13th August 2005. They've also sent us two annual Egg loan statements and shows that the last payment of £1 was made in May 2010. They have rejected my request for the other documents as they are not 'mentioned' in their Particulars. The account number they have quoted in the Particulars is Arrow's reference for my husband, the one on the agreement is completely different. Obviously I need to file his defence asap. I wanted to go down the statute-barred route but cannot as the last payment was received in May 2010. Incidentally, the Egg loan came off my husband's credit file in May as it had been 6 years since he had defaulted. Can I submit that the loan has not been properly assigned to Arrow and/or he's received no notice of this? Also can I get them on the fact that they are solicitors and their Particulars are very poor and therefore he cannot properly defend himself? Any help muchly appreciated
  16. Restons have been stalling to say the least, I have taken a few days putting this all together and now time is very tight for me to reply to them, I need some feedback quickly please. In 2005 I borrowed £20k+ from Egg and made all my repayments on time, I had a mutually agreed payment holiday for a short period at the end of 2006. In 2009 I got into financial difficulties I telephoned Egg in July to ask if I could arrange lower repayments for the loan and for a couple of credit cards that I had with them. I told them that I could not afford to pay the full amount for the upcoming payments on all 3 accounts and be sure of paying my mortgage, so any arrangement had to be effective immediately. It was agreed to cut the payments by half with immediate affect, the person that I spoke to said that the “original” payments may be debited as it was short notice and advised me to cancel the direct debits, if any money was drawn down then any payments taken would be reversed immediately. I stipulated that if any payment was debited and not immediately reversed that they would have to cease all and any debits until they came back to me and we could then reach a new lower agreement as I could otherwise be financially embarrassed. This was agreed but I was assured that any debit would be reversed immediately if it happened. The new payments were due to start in the middle of the August to give me a breathing space but the main payment of over £400 was debited the next day and despite the assurances it was not immediately refunded, having not refunded the money they took 3 weeks later the “new” debits for the credit cards, the refund was made after the next payment had been due, it was actually refunded 6 days after the first of the new payments were taken for the credit cards. As a result of not having an even remotely quick refund I had cancelled all direct debits to Egg, somehow they got new direct debits set up for the cards but not for the loan. It took many months to get the payments stopped. Egg never came back to me with a revised plan. Despite this Egg proceeded to request payments for the “outstanding balance” on the loan warning me that they may take action against me and gave a Current balance to pay, which was incorrect. They never issued a Notice of Default. They did send me occasional account statements. I wrote to Egg requesting a copy of the Contracts at the beginning of September 2009, at the beginning of September they wrote back enclosing a mostly illegible reduced sized copy (presumably from a microfiche) of the Loan Agreement and totally different Terms and Conditions from the original, it was not even remotely similar. I received a letter from Arrow Global (on Arrow Global headed notepaper) dated 25th June 2011 claiming :- YOUR EGG LOAN HAD BEEN ASSIGNED BY EGG BANKING PLC TO BRITANNICA RECOVERIES S.A.R.L, ACTING IN THE NAME AND ON BEHALF OF ITS COMPARTMENT ARROW (“BRITANNICA-ARROW”). ARROW GLOBAL RECEIVABLES MANAGEMENT LIMITED (”AGRML”) IS THE ACTING AGENT FOR BRITANNICA-ARROW IN RELATION TO THE RECOVERY OF YOUR DEBT. EGG LOAN ACCOUNT NUMBER XXXXX. NOTICE OF ASSIGNMENT We advise you that Egg Banking PLC has assigned all of its respective rights, title and interest in respect of the above referenced account (including the right to receive payment of the outstanding balance) to Britannica-Arrow, effective 10 May 2011. It went on to state that I should address all payments and correspondence to Wescot Credit Services. I duly wrote to Wescot two times asking for a copy of the Contract, they dropped the case. Similar happened with the next four DCA / solicitors over the next 3 years. In that time:- (a) Arrow Global in December 2011 sent me a more legible reduced sized copy of the Loan Agreement with different Terms and Conditions than Egg had sent, with parts blacked out, still not the original, they must be guessing which one they sent to me in the first place as they do not have the original. (b) I was offered various levels of reduced payments, even a £25 p/month repayment or less. © I received a letter dated 15th of May 2013 telling me Arrow Global had purchased my account from Arrow Global! :- “Arrow Global is writing to let you know that your account was purchased by Arrow Global Limited from Britannica Recoveries S.a.r.l, acting in the name and on behalf of its compartment Arrow (“Britannica-Arrow”) on 28th February 2013”. This was of course on the same headed notepaper that they were previously using and continued using. At the time I thought nothing of it, but….**** I received a letter dated March 26 2014 from Restons re Arrow Global saying if I did not pay them £xxxx by April 9 2014 they would issue a County Court Summons. I immediately wrote back requesting a copy of the Contract and informing them that the debt was disputed, they bounced it back in a letter dated April 01 2014 saying it needed a signature, I added to my typed signature, a digital signature and returned it. Having received nothing from them, I wrote to them again on April 10 2014 again requesting a copy of the Contract. The next thing I received was a Claim Form from Northampton County Court dated 17 APR 2014 which I received on the 23rd of April. The Particulars of Claim were:- The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Egg dated on or about 09/02/2005 and assigned to the Claimant on 28/02/2013 in the sum of £xxxxx Particulars a/c no:- xxxxxxx DATE ITEM VALUE 07/03/2014 Default Balance xxxxxxx Post Refrl Cr NIL TOTAL xxxxx I then received one of my letters back again attached to a letter from Restons dated April 25th 2014 again stating that it was unsigned. I wrote back on 2nd May 2014 returning the letter and enclosing in my reply a request for true copy of my credit agreement pursuant to s.77/78 of the Consumer Credit Act 1974 enclosing a cheque for £1. They wrote back saying they could not process my request as the cheque should be made payable to Arrow Global. I wrote another letter to Restons on 14th May requesting documents mentioned in the statement of case under CPR 31.14, requesting :- 1. Contract , 2 Default Notice, 3 A copy of the deed of assignment from the Original Creditor. I informed them that I required them in order to file my defence on the 20th May. I received nothing back by May 20th so I filed an embarrassed defence. I received a letter from Restons dated May 20 2014 again returning my cheque for £1. I also received another letter dated May 20 2014 stating: - We acknowledge receipt of your recent request, made pursuant of to CPR 31.14. CPR 31.14 (1) states:- “A party may inspect documents mentioned in – (a) a statement of case; (b) a witness statement; © a witness summary; or (d) an affidavit” The documents you have requested are not “mentioned” in our Particulars of Claim and therefore CPR 31.14(1) does not apply. Now to me in the Particulars of Claim they mentioned a Contract between me and Egg, they mention a Default Balance, they mention the assignment to the Claimant BUT give the date when they assigned the account from Arrow Global to Arrow Global ****. Restons wrote to me again in a letter dated June 02 2014 enclosing the first 2 pages of the Agreement with Egg but no Terms and Conditions, some arrears notices and statements from Egg. They said that as they have now we have given you further details of your account could you confirm you are willing to withdraw your defence. Please complete the Form N9A and return it by 16 June 2014. Thanks for reading this far even if you cannot help me.
  17. Good Afternoon First post so be gentle.... Basically i got a first letter through from Restons via claim form from a debt from 2002, which i sent back the CCA and was abruptly pointed out it was a letter widely circulated on the internet and they didnt belive there was a genuine dispute. In summary MBNA transferred the rights in 2006 and i was advised i should have had a letter stating this around that time along with a notice of assignment from Arrow Global Accounts who had bought the debt apparently. I wrote back to the letter dated 27/05 to advise of new address to send any further correspondence along with a "prove it" letter. Low and behold i get a Judgment for Claimant CCJ dated 30/05 stating as i hadn't responded to the claim. I'm fuming, upset and worried. Should i phone the court and get appeal forms? I appreciate any help on this matter Regards, Michael
  18. Hi there, i really need some help with this, i'm not very good at explaining it in short so apologise in advance but here goes: Partner had credit card in sole name with MBNA around 2003/4 approx. £10,000 balance. MBNA kept on adding late payment charges and then interest at extortionate rates so fell behind with payments, they then instructed Restons to act on there behalf. Feb 2009, after being hounded by Restons, i sent them on behalf of my partner a CCA request unsigned with £1 cheque enclosed. Restons replied stating that they were not the creditors and that the format i had used was widely available on the internet and it couldn't possible be a genuine request as it was unsigned and therefore they would not accept it, on the very same day received another letter from them offering a reduced final settlement. March 09, sent CCA request directly to MBNA same as above. March 09, received a "Judgement for Claimant" (in default) from Northampton County Court, then about a week later received a notice which literally said that the claim had been transferred to Edmonton County Court for enforcement. April 09, sent the no response CCA request to MBNA direct as we hadn't heard anything from them since sending the first one. May 2009, MBNA sent a blank unsigned photocopy of T&C's with a covering letter saying they were pleased to enclose a copy of your most recent T&C's and then goes on to say they we shouldn't forget the other fantastic benefits of the account! April 09, i receive addressed only to me a B136 (CO) notice even though its a joint mortgaged property. July 09, Restons send both myself and my partner a copy of Interim Charging Order, it read as if there wasn't anything we could do about it even if we did attend court on the day, my copy even stated that i shouldn't even acknowledge receipt of the application. Aug 09, my partner received a Final Charging Order stating that we were not aloud to sell our property until we had discharged our liability to the claimant and that they may apply for an order of possession. and that takes us up to the present day when out of the blue we both individually receive a notice of a claim for an Order for Sale from Restons BUT its on behalf of ME111 Ltd and not MBNA, its dated 15th May 2014. The bundle contains letters they are claiming to have sent us after the final charging order but with which we have never received, and to make matters worse has been compiled by a trainee solicitor who comments that she believes this is the only way to make us pay. I really need some advise as to how and even if we are able to defend this as i'm absolutely petrified that we are going to lose our house and i have no idea how to even start completing the defence response so if anyone can help it would be greatly appreciated.
  19. I wonder could I have some help on this one. I was served with Court papers from Restons chasing a credit card debt taken out in 2001. I returned the papers to the Court indicating I was defending the claim on the basis the debt was statute barred. Restons have now written to me with a copy of the signed credit agreement stating that I made a payment in 2008 towards this debt of £13.81 and to withdraw my Defence I know 100% that I never made this payment. I can't remember the last time I made a payment it was probably around 2003 or so. How do I respond to them? Thanks for your help x help x
  20. Hi just wanted some advice please. took out a loan with Citi Financial in 2003, ran into difficulties in 2007. Tried to contact them but number was discontinued, i went to their Hull office and found out they had moved out of Hull. i tracked them down by ringing around and waited for them to contact me after leaving my details. I waited and waited and waited, rang them again. still no reply I thought you can whistle for an arrangement till you contact me. They got in touch with me in 2009 and i paid £30.00, then nothing until now. Arrow Global have instructed their solicitors called Restons. They rang my ex husband at work today and left a message for him to ring them. Ex not happy and contacted me to ask who it was. I rang them and was told we owe £5k and can i pay today. I have asked for paper work and they want to charge me an admin fee of £20.00 or they wont send me anything. I have checked my bank statement and did pay £30.00 but have paid nothing else. Should i make an arrangement to pay as they say this will stop any court action. thanks in advance, Debbie
  21. Please I need advice on how to handle this Restons and his allied Arrow global chasing me for SB Natwest credit card. The claim was for credit card, according to the claimant it was assigned to arrow global, last payment to the account was in July 2007, since then I have no contact with the original creditor except 4 months bill sent after the last payment in 2007 and letters from DCA in 2008. I was not aware that the account was assigned and I can’t recollect receiving any Notice of Default. I have checked my credit file with Noddle and nothing showing NATWEST/ARROW GLOBALL.
  22. Hi, I have received a claim form today with the following details, any advice will be appreciated! This is the first I have heard of this issue!! Issue date 17/04/2014 What is the claim for – the reason they have issued the claim? The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and Egg dated on or about 13/06/2006 and assigned to the claimant on 28/02/2013 in the sum of (14k) Particulars acc no xxxxxxxxxx Date 03/03/2014 Item Default balance Value 14k Post Refrl Cr Nil Total 14k What is the value of the claim? Approx. 14 k Has the claimant included section 69No Is the claim for a current or credit/loan account or mobile phone account? Loan account When did you enter into the original agreement before or after 2007? 2006 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Arrow Global via restons solicitors Were you aware the account had been assigned – did you receive a Notice of Assignment? This is the first correspondence Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No can anyone offer any help? really don't understand what I should do??
  23. Hi i got a letter from restons solicitors a couple of days ago asking for 348 pounds for a debt ive never heard off. i send them the prove it letter, they write back saying weve seen this type of letter before and its not legally binding... ...so they say were going to issue legal proceeding now ...im thinking this is just a scare tactic, i mean how can they take me to court for a debt ive never acknowledged, have no details and they dont provide any... .are they for real... Can anyone advise with a suitable reply please. The debt has no dates or details jus says "arrow global guernsey ltd". ...never heard of them...... Thanks in advance.... Cheers jiggy
  24. Received a court claim for £14,300 for disputed MBNA card agreement assigned to Arrow Global from Restons Solicitors. Card was sold to me at Heathrow airport, face to face in 2002. I seem to remember something about the process of the sale not being normal. But in any case, it is 6 years since any money was paid to this account. I issued a S78 request in December 2007 and did not get a satisfactory response including no terms (not even reconstituted ones). No money has been paid since December 2007. So I think the alleged debt became statute barred at the turn of the year. It seems this has been the trigger for Restons to take this to court. Does anyone have any pointers of what I need to write in the defence to this case. Thanks
  25. Hello I received a Claim Form on Fri 28th Mar relating to a personal unsecured loan with Northern Rock. As the Claim Form was issued on Mon 24th I believe I need to submit my acknowledgement this Sat 12th Apr (at the latest). Then will have to submit a defence 14 days later by Sat Apr 26th. If I am correct so far (please confirm?), I would much appreciate some help with the next steps please! NB please confirm if more time to defence submission can be asked for, as I cannot see the Claimants submitting info timely..., ie can additional 28 days from acknowledgement be called for instead (so by May 10th at the latest), or not? First of all and from what else I have so far read, I believe the Particulars of Claim to be quite vague, so I am unsure what documents I can call for through CPR? PoC: The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Northern Rock (Asset Management) Plc dated on or about xx/11/2006 [hence pre-2007 regs?] and assigned to the claimant on xx/08/2013 in the sum of xxxx.xx (under £2k) PARTICULARS a/c no: xxxxxxxxxxxxxxxx DATE ITEM VALUE 10/02/2014 Default Balance xxxx.xx Post Refrl Cr NIL TOTAL: xxxx.xx I understand I need to send a CCA1974 request to the Claimant (in this case to Marlin Capital Europe - no numbers...) As said, I am unsure what I can call for under CPR31.14, as all I can see in the particulars is an acc. no and a balance claimed. For instance and based on the above PoC, what can I call for from the suggested list of: Agreement, Assignment, DN, Termination Notice, Acc statement, anything else? So do I still send this out and do CPR requests go to the solicitors (Restons)? Maybe (as per the 'You have received a Claim - What you need to do.' sticky page [sorry not allowed links yet]) I would be better off sending a CPR Part 18 request so that I can pose more specific questions? At the end of the day I get the feeling that the Courts are happy to allow the DCA/Claimants to not answer/answer very late to requests for info, while if the Defendant is late they can/will go down on them? Anyway, I suppose that is just my opinion from what I have read/heard of so far... Before anyone asks about SB, I have been making on/off lump sum payments to NRAM as and when funds were available, to the point that £300 was advised as a final balance to pay (they offered a reduced total amount of £600 half of which I paid). I missed paying that off and they sold it all off to Marlin who are now after nearly £2k...! To make things worse I have no paper proof to all of this, as I asked NRAM for receipts (never got any), asked for confirmation of the offer in writing (never got any) and when I did not pay the final £300 the balance went back to the pre-offer total (by means of sale to Marlin)! Do I need to also send an SAR to NRAM? If anything I am now wondering if my loan account being a pre-2008/under 25k unsecured loan should have had a lump sum refunded (see press about Northern Rock payout after interest error / paperwork glitch) and that is why the reduction was offered in the first place..? Well, I think this is all I have ready for now, any comments / advice welcome...
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