Arrow/Restons - Claimform Citifinancial 'debt'

[divadeb]

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

[theoldrouge]

cca s77 request to restons with £1, no payment or arrangements till they forward a compliant reply. Keep off the phone everything in writing. Any ppi on the loan?

[dx100uk]

stay off that phone

pay no attention to anything they say that way

 

its prob all threats.

 

when did you take out the loan/card?

 

dx

[dx100uk]

having read most of your threads

 

you really are an easy touch for these companies

 

you get caught out everytime

 

STOP TALKING ON THE PHONE ABOUT ANY DEBTS.

 

that's why people keep doing it

 

and trying to spoof you on old debts you might not even owe.

 

they forward 'mug' phone numbers between themselves

 

dx

[divadeb]

Just a quick update and things don't look good.

 

I sent a cca s77 form and a cheque for a £1.

 

Never heard anything back and refused to answer any phone calls from them.

 

I have now received a form from Northampton courts,

 

Arrow have taken me to court.

 

I don't know what to do now.

 

Any advice would be great thanks,

 

Debbie.

[theoldrouge]

thread moved to financial legal issues as claim issued

 

Please read the linked thread and answer as fully as possible

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**%282-Viewing%29-nbsp

[divadeb]

Hiya, just a quick update from a post in April.

 

I was contacted by arrow regarding a debt with Citi Financial,

 

I spoke to them and they said the last payment was made in 2009, which after checking my bank is true.

 

They now want over 5k from me.

 

I posted a thread on here and was told to send them a cca s77 and a cheque for £1.

 

My son posted the letter but never sent it by recorded delivery ( plonker ) even though I asked him to.

 

I was told also to ignore phone calls etc, which I have done.

 

I haven't heard anything back so presumed they had given up lol Then

 

on the 12 July I received a letter from Northampton court !!!!

 

I now don't know what to do,

 

Arrow have taken me to court for the money.

 

Any help and advice would once again be very helpful,

 

cheers Debbie.

[citizenB]

divadeb, I have merged both threads in respect of this claim and amended the thread title to reflect the situation.

 

Can you have a read of the following thread (only a couple of posts). You need to provide us with answers to the questions that are asked in the thread linked below. Provide the answers in THIS thread please.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(2-Viewing)-nbsp

 

Once you have done that, then we can advise you further.

[dx100uk]

they'll have one hell of a job in finding an enforceable CCA for a CITI debt of that age.

 

should be easy to bat them away

 

lets see.

[divadeb]

Name of claimant ...... Arrow Global LTD

 

Date of issue....... 9th July 2014

The claimant claims payment of overdue balance due from the defendant under a contract

between defendant and Citifinancial Europe PLC dated on or about 16/10/2003

and assigned to the claimant on 28/02/2013 in the sum of £5726.17

Value ........ £5726.17

Is the claim current...... Yes I think it was for a loan

Original agreement was 2003 so yes before 2007

Original creditor...... Would that be Citifinancial ??

 

I was aware the account had been assigned by post

No default notice sent

 

No default notices sent every year

 

Ceased payments due to financially difficulties

 

No dispute

Tried to contact them, office had closed,

rang other branches and left loads of messages and contact details.

They never contacted me back.

 

I hope this is the right information you need,

 

can you tell me what to do next please,

 

cheers Debbie.

[divadeb]

I don't mean to sound thick but I ain't got a clue as to what need filling in lol

 

on the back of the claim form it is giving me options as to what I want to do.

 

Time allowed to reply ..

... I must respond to the claim form within 14 days of the day of service.

The day of service taken 5 days after the issue date.

 

If I admit only part of the claim...

... I must complete the admission form (n9a) and the defence form (n9b) and send them both to the court within 14 days of date of service.

 

If you disagree with the claim or if I wish to make a claim against the claimant ( counterclaim)......

 

I have 13 days to complete acknowledgement of service or if I send defence to the court it must arrive no later than 28 days from the day of service.

 

Is this what you want to know ?????

Cheers Debbie

[dx100uk]

work out your dates.....

 

on what date must you ack the claim BY

 

on what date must you file a defence BY

 

you don't need the form

you do it online via the MCOL site after registering.

 

so workout your dates - lets get you moving

 

you are wasting time - you need to ack the claim defend all

then get your CCA and CPR requests off.

 

dx

[divadeb]

So I have 28 days to defend my case then?? What does ack the claim mean or is that a spelling mistake. From what I can understand I can do this online? Then I send a CCA and CPR request off, who am I sending it to arrow global or Preston solicitors. I don't mean to sound stupid but this is first time doing this stuff.

[divadeb]

I have registered at MCOL and have all my passwords etc.

[citizenB]

If the Date of issue was 9th July then your timeline is as follows..

 

Issue date 9th July + 5 days for service = 13 July 2014 + 14 days to acknowledge = 27 July + 14 days to submit a defence = 10 August 2014.

 

You need to send a CPR Letter which is a request for copies of hte documents they mention in the claim form. As usual, they dont appear to mention very much.. so you will also need to send out a CPR part 18 request which is an request for information only. Depending on their response, then you might be able to obtain more documents later.

 

CPR31.14 request - linked below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

Amend where indicated all you can request is..

 

The Agreement and associated terms and conditions

The Notice of Assignment

Statement of account to show how the £sum being requested has accrued.

 

They you will need to send a CPR Part 18 - I will draft one for you and post it up in a minute.. They can both go in the same envelope - They need to be sent to the Solicitors named on the claim form. It is in your interest to send by a tracked method. Recorded at the very least - Special delivery if you can afford it.

[citizenB]

Ok, here is the CPR part 18 - If there is anything else that you think you might need, then following the same format (asking a question) you can add to it.

 

[ATTACH=CONFIG]52210[/ATTACH]

 

You MUST acknowledge the claim by the 27th July - Print off hte receipt to say this has been done.

[divadeb]

Do I send these letters off first and then fill out the online form at MCOL or MCOL first then letters.

 

I can't thank you enough dx, you really are a great help.

 

I must say I panicked when I got court letters,

 

then i was thinking should I have spoken to them every time they rang and sorted it out before it got to this stage.

 

Just hope I can sort it now lol,

 

cheers Debbie.

[dx100uk]

that's ok

 

all we are trying to do is make sure you jump through the hoops

you need too by the time you need too

else everything else will be pointless.

 

as long as you ack the claim on mcol defend all

by the 27th

it matters not if letters are sent first or not

 

however the quicker you get the letters off

the quicker you put them in their place

 

a good number of these claimforms are issued

are on the hope that the defendant does not defend

 

and they get a default judgement without having to prove the debt paperwork.

 

in this instance, it would be amazing if they can get a citi CCA that is compliant for 2003

and with the correct T&C's.

 

dx

[divadeb]

I have received in today's post court papers for my ex husband for the same debt,

 

must have been joint loan.

 

Does he have to fill out all the same forms as me

 

or can I just carry on doing it alone??

 

Cheers.

[divadeb]

Just been MCOL site and filled in acknowledgment .......

 

.. So I am right to think I now have to send CCA, CPR and CPR part 18 to them all in one envelope, recorded delivery.

 

If my ex hubby has to do this can his papers go in the envelope with mine?? Cheers Debbie.

[dx100uk]

his will be a totally separate claim. I suspect

 

he must follow the same process

 

CCA request goes to the claimant

do not sign the letter

leave to £1 PO BLANK

 

CPR's goto the claimants solicitors

 

you should not post things together

 

1st class with free proof of posting will do for each one

 

get them done today

 

the sooner the better

[divadeb]

I have made a massive boo boo, I only forgot to put the postal orders in the envelopes when I sent of the request this morning, just found them in my handbag. Should I send it tomorrow ????? Can't believe I forgot to put them in

[dx100uk]

you only needed a blank £1 PO with the CCA request

[divadeb]

I bought 2 ....... The other one is for my ex to send off with his stuff. Is it to late to post it off?? Will it affect my request if they don't get it? Cheers.

[divadeb]

Hiya folks just a quick update.

 

I have today received a letter from Reston solicitors and I don't think it's good news,

 

although I can't really make head or tale of all there fancy wording lol

 

how do I show the contents of the letter on here,

 

do I just photo it or is there a special way of putting it up please, cheers Debbie.