old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform***Claim Discontinued***

[citizenB]

It depends on what you requested the information for..

 

Are you looking for charges or whether PPI was applied to the account - both these should be shown on the statements.

 

Are you looking to see when the Assignment took place, that could possibly be recorded on the diary of events/communication log

As should the issuing of any default notices.

 

Going back to a comment made by Arrow in an earlier post regarding their status.. .. I found the following information.. see attached pdf.

 

While Arrow Global now argues they are not the Creditor, the law says different, as such when Arrow Global purchased the account they are now obliged by law to provide you with any document you ask for within the timescales set by the original agreement, if Arrow Global having bought the account do not know what the terms and conditionsof the original agreement were, and are unable to provide a copy for you, imo they are in breach of 16.5 of Section 82 CCA

 

Effectively the original creditor is history, having served a default notice upon the borrower the original creditor is entitled to pursue litigation of his own accord or sell the account on.

 

The assignee is treated as a new entity and the case must reflect what has happened since the date of assignment, the assignee now held in law as the creditor is required to send the borrower monthly statements of account, failure to make payments by the due dates the assignee must send notice of arrears and default notices as per CCA rules.

While Arrow Global now argues they are not the Creditor.pdf

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

dx

[LordSuggs]

The PPI wasn't even on my radar screen originally, though thanks for the link to spreadsheets. Quite astonished after filling them in how much I've been paying. Will proceed on reclaiming that for sure - got lot of reading to do there.

 

With regards the defaulted loan. The letter from Arrow/global states:

 

"Debt owed to Britannica Recoveries S.a.r.l - Arrow

Assigned by Egg

 

In response to a request for a statement under Section 77 of the CCA 1974 we enclose:

 

1. A copy of the agreement

2. A copy of the T&C

3 A copy of the Originator's statements

 

The office of fair trading deems reconstituted agreements acceptable for situations where an original copy is unobtainable. OFT guidance on requesting information about credit agreements can be found under Unenforceable Credit Agreements at http://oft.gov.uk

 

In Dec 2009 the High Court ruled that a true copy of an agreement does not need to be a photocopy or an exact copy of the original. A Creditor is allowed to provide a reconstituted agreement as long as that copy is accurate and contins all the original information contained in the agreement, apart from a few exceptions that the law allows, which includes the signature, signature box and date of signature.

 

We confirm:

a. The total sum you have paid since assignment to Arrow Global is £0

b. The total sum outstanding is £X

c. The amounts which will become payable comprise interest and costs, depending on what enforcement action is taken against you;

 

Please now provide your proposal for repayment of your debt. Failure to do so will result in the continuation of collection activity, which in your case may include litigation"

 

The credit agreement is a screen printout of tickboxes without my name on it 'signed' in 2006.

 

So given they cannot produce an original agreement, and it's taken them almost 2 months to provide a reconstituted agreement, I'm curious where this leaves me and them.

 

 

Are you looking to see when the Assignment took place, that could possibly be recorded on the diary of events/communication log

As should the issuing of any default notices.

 

2011 "Loan Account Sold - Account number XXX has been sold to Arrow"

 

How interesting given the previous correspondence from Arrow!

 

Been reading the forums a lot and trying to understand where next. Can someone advise if this is correct:

 

Egg are out of the picture with regards the debt. Arrow Global have sent a reconstituted copy of the agreement, which is all they need to send for the CCA. However do I now write to them and request a copy of the original signed agreement?

 

Cheers

[dx100uk]

sorry to be thick

 

when was the loan taken out?

 

and this WAS to clear the credit card debt?

 

dx

[LordSuggs]

The loan was taken out Dec 06 to pay off the credit card debt. Once taken out I cancelled the card.

[citizenB]

I wonder if it might be worth trying a different route to obtain the information you require.

 

Have a read of the letter attached, amend where necessary and lets see what Arrow/Whoever comes back with..

Draft request for assignment - Amended Draft.pdf

Draft request for assignment - Amended Draft.doc

[brokebutnotbeatn]

As it is pre 2007 they will need the original agreement to enforce in court. You could write under CPUTR 2008 asking them to confirm they have an original - there is alot in the forum on this, see .http://www.consumeractiongroup.co.uk/forum/showthread.php?291468-Fighting-back-with-CPUTR-2008....

[LordSuggs]

Cheers fellas. I'll go with Citizen B's letter for now and see if I get any joy. If not will try CPUTR.

[dx100uk]

we haven't seen any figures yet

 

 

but my ideas....

 

if the loan WAS solely taken out to clear the CC

 

 

then i'd knock up a charges CI soc

 

and one for ppi if you had that on the CC too.

 

add those together..

 

those taken off the figure for the loan should reveal its real figure

 

then use this:

http://www.bllaw.co.uk/services_for_businesses/insolvency_and_recovery/simple_interest_calculator.aspx

 

principle will be the figure of the two CC reclaims

use the loan int rate

the date the loan was taken out.

todays date

 

take that figure off the total outstanding on the loan today

 

that'll be what you owe IF you owe it

 

dx

[LordSuggs]

I'll need to resurrect this thread due to a resumption of communication from DCA and would appreciate any else's guidance. An abridged version of above:

 

Loan acquired from Egg in 2006

Last payment made in 2008

Debt assigned/sold to Britannica/Arrow Global in 2011

In response to request, Britannica/Arrow sent a reconstituted agreement and then have not heard from then since early last year.

 

Just received a letter from Restons Solicitors saying:

 

"As this account has been pre-selected by our client for litigation it is open to them to take appropriate legal action which may include County Court proceedings should payment not be made"

 

Now my understanding is that this cannot be enforced without the original agreement, yes? If this is the case, do I write to Restons or Arrow/Britannica to request this - I believe someone suggested CPURT 2008 to request original agreement, can anyone verify please?

 

Thank you.

[dx100uk]

clever words to make you respond...ignore

 

dx

[LordSuggs]

Thanks Will do.

[LordSuggs]

Hi,

just wanted to bump an old thread.

 

I have received a Court Claim form in relation to the issue on this thread and am after some advice.

 

The claim states that the original debt was with Egg Banking,

but assigned to Britannica Recoveries SARL - Arrow in 2011.

 

It is address on the 23rd and I received yesterday.

 

To sum up my case outlined above,

 

this debt was taken in 2006 and defaulted on in 2008.

 

No payments have been made since.

 

I sent out an SAR, to which I received a reconstituted agreement,

which I was advised above,

would not be sufficient to be accepted in court as the loan was pre 2007.

 

Since receiving this,

I have heard nothing from them till a standard letter last month

following receiving the court claim form yesterday.

 

I understand I have 14 days from when the letter was sent to respond,

& would be very grateful for any advice or pointers on next steps

as I am a little confused about what my options are here.

 

Thanks.

[Stigman]

Can you please either scan in or type up the P.O.C. please.

 

If scanning in and attaching, please remember to remove all personal identifiers (e.g. Nane, Address, Reference Numbers etc.)

 

Stigman

[LordSuggs]

Hi there. The P.O.C is as follows:

 

-----------

 

1. The claimant'a claim is for the sum of £x being monies due from the defendant to the claimant under a regulated agreement between the defendant and Egg Banking plc and assigned to the claimant on x/x/2011 notice of which has been provided to the defendant.

 

2. The defendant has failed to make a payment in accordance with the terms of the agreement and a default notice has been served puruant to the Consumer Credit Act 1974

 

3. The claimant claims the sum of £x

 

4. C has complied, as far as is necessary, with the pre-action conduct practice direction.

Number

 

--------------

 

When you said personal identifiers, not sure if that meant dates and amounts, so left those off too. Thanks.

[dx100uk]

please complete this

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

[dx100uk]

moved to legals

 

get a CCA request off to the claimant [do NOT sign it, use a £1 BLANK PO}

 

and send a CPR 31:14 from the library off to the claimant sols.

do not sign

 

this should be easy to bat away.

 

did you ever get an sar result?

 

if not

 

send EGG an sar

use the Canadian square address you can get from the EGG forum address sticky.

 

sign the letter and include your old address where the loan was taken out

and include a copy of your CTAX bill

to ID yourself IF you have moved since

 

dx

[LordSuggs]

Name of the Claimant ? Britannica Recoveries SARL - Arrow

Date of issue – 23rd April 2014

 

Date of issue = 12th May 2014

 

What is the claim for –

 

1. The claimant'a claim is for the sum of £x being monies due from the defendant to the claimant under a regulated agreement

between the defendant and Egg Banking plc and assigned to the claimant on x/x/2011 notice of which has been provided to the defendant.

 

2. The defendant has failed to make a payment in accordance with the terms of the agreement

and a default notice has been served puruant to the consumer crediticon Act 1974

 

3. The claimant claims the sum of £x

 

4. C has complied, as far as is necessary, with the pre-action conduct practice direction.

Number

 

What is the value of the claim? = £20,115.04

 

Has the claimant included section 69 interesticon (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? Unknown

 

Is the claim for a current or credit/loan account or mobile phone account? Loan

 

When did you enter into the original agreement before or after 2007? Before - 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? Original creditor was Egg - was assigned to Brittanica in 2011

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? Unsure - cannot find documentation anywhere

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

 

Why did you cease payments:- Cashflow due to business closing and extreme personal circumstances that continue to date

Was there a dispute with the original creditor that remains unresolved? Defaulted originally

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes, through CAB in 2009.

I got the SAR off to Egg and received the historic paperwork last year - no original application form was included and the previous DCA only sent back a reconstituted agreement.

 

I can get the CCA and CPR 31:14 off tomorrow. Do I reply to the court at all?

 

Have also just received a letter from their solicitors Shoosmiths stating that they will only accept a lump sum in settlement on the account.

 

Thanks for the help.

[dx100uk]

you need to make sure you ack the claim on MCOL by day 19

 

dx

[LordSuggs]

Thanks - Do I put in an acknowledgement of service immediately on MCOL "if you need 28 days rather than 14 from the date of service to prepare your defence" or wait for the response to my CPR and CCA?

[AndyOrch]

Acknowledge service by 19 days from the date on the claim form...submit your defence 14 days after.

 

Regards

 

Andy

[LordSuggs]

Much appreciated, guys. Will update you as thing progress.

[LordSuggs]

I have received a reply from Shoosmiths:

 

"We write with reference to the above matter.

 

We confirm that we have requested the documents you have referred to in your letter of 30th April 2014 from our client. As such, we were unable to provide these documents to you within 7 days as requested, however, we hope to be in a position to send them to you by 2 June 2014.

 

Furthermore we confirm that we are agreeable to providing you with an extension to file your defence within 14 days of receipt of the documents.

 

Should you have any queries, please do not hesitate to contact us"

 

Nothing from Britannica/Arrow yet. Still 6 days till I have to acknowledge service.

[LordSuggs]

Have just received a Notice of Assignment from Arrow Global Ltd, which states that they purchased the account from Britannica Recoveries on 31st March 2014.

 

Now all sorts of confused.

 

Claim Form from County Court 23rd April states that the Claimant is Britannica Recoveries S.A.R.L. - Arrow

Letter from Shoosmiths 25th April states client as 'Britannica Recoveries S.A.R.L. - Arrow'

After CPR 31:14 to Shoosmiths, receive letter from them on 2nd May with client name now 'Arrow Global Ltd'

Sent CCA last week to Britannica - no response directly

Receive Notice of Assignment today dated 6th May from Arrow Global but also signed Britannica Recoveries S.A.R.L. in the name and on behalf of it's compartment "Arrow" ("Britannica-Arrow")

 

Worth me sending a CCA to Arrow Global now as well? Court acknowledgement is a few days away too - do I copy in any correspondence to the Court as well? Appreciate any help.

[AndyOrch]

My my..... what a complicated trail they weave......still this is the murky world of debt assignments.