shoosmiths LLP / Arrow Global - Claim Form Received

[BRIGADIER2JCS]

Thanks Andy. How do I know when they have received it?

 

 

Use 2 days for first class post 5 for 2nd as a guide.

[AndyOrch]

Makes no odds when they receive it...whether they respond is the one to watch:-)

[duntisdave]

So, I received in the post a letter from Arrow Global.

It says the following:

" We are the claimant in this matter.

 

 

We refer to the above and your defence dated 17/04/2014, the contents of which are noted.

 

 

We enclose Notice of Change of Solicitor by way of service on you, as the claim is now being dealt by our specialist in-house litigation team. Please therefore ensure that all future correspondence is sent to us directly at the address below quoting reference number xxxxxxxxx

 

 

We note that your defence is based on the grounds that you have requested documentation which you feel has been ignored, that you are seeking proof of the debt and the agreement, the termination of the agreement to allow the claimant relief and the legal right of the claimant to issue the claim.

 

 

We can confirm that the claim is in relation to a Capital One Credit Card taken out on the 31/03/2007. Pursuant to the account information provided by the originating creditor on assignment, the last payment credited to the account was £15.00 on 20 August 2009

 

 

Arrow Global Guernsey Limited acquired the account on 25/02/2011 and notice of assignment was sent to you on or about 01/03/2011 pursuant to the Law of Property act 1925.

 

 

We hope that this information helps you to identify the account and look forward to receiving notice that your defence has been withdrawn. Should you wish to discuss the matter further, or believe that you still have an outstanding query, please contact us at your earliest opportunity in a bid to resolve this matter amicably and save recourse to further legal action and costs.

 

 

Yours sincerely,

 

 

etc."

 

 

 

 

So, can anyone tell me - what do I do now? I have no record of the alleged payment of £15.00 apparently made on 20 August 2009.

I still have not received any of the documentation requested, so does my defence still stand up?

Help please!!!!

[oleg]

As you say you have read other relevant threads, you will probably be aware that A G routinely rein legal cases back in house when defendants don't buckle under.

Most of the letter you've received is their standard template for this event.

The stuff they've put in at the end doesn't change the legal position one iota. Their assertions are mere words until they provide documentary evidence, eg of the supposed last payment. So you need take no action at this stage. Let me translate the last sentence for you. It means "We don't want to spend yet more money on this. PLEEEEEEZ cave in".

[AndyOrch]

Have they enclosed a copy of the agreement with their response?

[oleg]

Dave You may well be in luck , by a very very tight whisker. Your agreement is pre-April 2007 therefore they would probably not be able to enforce it unless they can produce the original.

[oleg]

Pls delete above post and copy into a new thread of your own. Thanks.

[reallyinthecrap]

Dave You may well be in luck , by a very very tight whisker. Your agreement is pre-April 2007 therefore they would probably not be able to enforce it unless they can produce the original.

 

 

Hi Oleg,

 

 

I am hopefully not "hijacking" this thread as I am in a very similar situation. How important is this 2007 date as mine is from 2004?

 

 

Thanks

[oleg]

In most cases original not copy of CCA would be needed for court to enforce if pre-2007.

However it really is advisable to create own thread if ur having problems cos every court case is unique.

Oleg

[duntisdave]

Have they enclosed a copy of the agreement with their response?

Nope!

However, have now had a letter from the court: A 'Notice of Proposed Allocation to the Small Claims Track'

This notice informs me that I have to complete the small claims directions questionnaire, and file it with the court office before 7th July.

But, It also says ' this is now a defended claim. A copy of the defence has already been sent to you by the defendant'

This is confusing! I am the defendant! so, is this a copy of the notice sent to the claimant, and do I therefore need to fill in the Small Claims Directions Questionnaire?

Help again!!!!!!

[citizenB]

Yes, you do need to complete the Questionairre where relevant to you and return it by the advised date.

 

Not sure why they have enclosed a statement,obviously meant for the claimant ? Will ask for you.

[AndyOrch]

Obviously mixing up their claimant and defendants...but you must submit your DQ.

 

Regards

 

Andy

[duntisdave]

Hi all.

Just a quick update.

I have sent in my DQ to the court office, also sent a copy to Arrow, along with a letter reminding them that I have still not received CPR documents as requested. If these docs do not come, what is my next move?

Also, now received another court claim form Cabot, acting for Vanquis. I defaulted on this card around about the same time, although the amount is smaller (about £530 including court fees)

The funny thing is, I hadn't heard anything from vanquis for about 4 years, that is until this all started with Capital One. Coincidence? or is it possible they monitor the Northampton court claims?

[BRIGADIER2JCS]

Hi all.

Just a quick update.

I have sent in my DQ to the court office, also sent a copy to Arrow, along with a letter reminding them that I have still not received CPR documents as requested. If these docs do not come, what is my next move?

Also, now received another court claim form Cabot, acting for Vanquis. I defaulted on this card around about the same time, although the amount is smaller (about £530 including court fees)

The funny thing is, I hadn't heard anything from vanquis for about 4 years, that is until this all started with Capital One. Coincidence? or is it possible they monitor the Northampton court claims?

 

 

DCAs/Debt Purchasers regularly take a look at credit files for debts they have on their books but not chasing hoping to see what "possibilities" there may be of getting money out of an individual.

[Ganymede]

Hi all.

Just a quick update.

I have sent in my DQ to the court office, also sent a copy to Arrow, along with a letter reminding them that I have still not received CPR documents as requested. If these docs do not come, what is my next move?

Also, now received another court claim form Cabot, acting for Vanquis. I defaulted on this card around about the same time, although the amount is smaller (about £530 including court fees)

The funny thing is, I hadn't heard anything from vanquis for about 4 years, that is until this all started with Capital One. Coincidence? or is it possible they monitor the Northampton court claims?

 

Don't worry, it is impossible for them to "monitor the Northampton court claims."

[duntisdave]

Hi All.

Once again, thanks for all your help with these cases. First of all, I have (almost) won with the capital one case. I have had aletter from the court, informing me that they (C1) have not supplied the required information to the court. They also did not complete the DQ in the required time frame. The court gave them 28 days to supply the correct information to both me and the court, and if not, the case will be stayed. That expired on the 28th August, and I have heard nothing yet, so fingers crossed!

As for Cabot, they really must think I am stupid. In response to my CPR request, they have sent me a photocopied copy of my 'agreement', which, unbelievably, is simply a blank agreement with my name and address typed into it! No signauture, or any other details are on the form! it is ENTIRLEY BLANK! and they actually had the nerve to write to me saying that as they had complied with my CPR request, they now have the necassary documentation to obtain a CCJ! well, bring it on I say!!!!

My question is, however, how do I now respond? Do i just ignore it, or should I reply with a letter informing them that they have not fulfilled the CPR request?

All answers gratefully recieved!

Thanks

[fletch70]

Sorry to sound thick but what is the Cabot debt for and what date was the account opened. If there is another thread could you link it

Thanks

[duntisdave]

Hi Fletch70,

 

Sorry, I've been a bit vague. I havn't started a new thread, as it is for another credit card, this time a vanquis. I have followed the same advice as the C1 case. I did mention it briefly in a few previos posts, as they suddenly contacted me after no contact for 4 years, while the C1 cse was progressing. It is about 5 years old, so no SB applies, but, as can be seen from my previous post, they obviously do not have the correct documenation to satisfy the CPR request. I was just wondering how to proceed?

[AndyOrch]

I would advocate a new thread duntisdave...rather than pose questions in this one...starts to get very messy as you can see above.

 

Andy

[BRIGADIER2JCS]

Hi All.

Once again, thanks for all your help with these cases. First of all, I have (almost) won with the capital one case. I have had aletter from the court, informing me that they (C1) have not supplied the required information to the court. They also did not complete the DQ in the required time frame. The court gave them 28 days to supply the correct information to both me and the court, and if not, the case will be stayed. That expired on the 28th August, and I have heard nothing yet, so fingers crossed!

As for Cabot, they really must think I am stupid. In response to my CPR request, they have sent me a photocopied copy of my 'agreement', which, unbelievably, is simply a blank agreement with my name and address typed into it! No signauture, or any other details are on the form! it is ENTIRLEY BLANK! and they actually had the nerve to write to me saying that as they had complied with my CPR request, they now have the necassary documentation to obtain a CCJ! well, bring it on I say!!!!

My question is, however, how do I now respond? Do i just ignore it, or should I reply with a letter informing them that they have not fulfilled the CPR request?

All answers gratefully recieved!

Thanks

 

 

 

 

Cabot is frequently producing totally useless documents at present, what you have received is probably an attempt to produce a

" reconstituted" agreement But if there are no Terms and Conditions from inception and closure of the account, no amendments mad during the life of the agreement and any docs mentioned in the Ts & Cs the document fails to satisfy a CCA request.

 

 

Report Cabot to the FCA.