Arrow/reston Claimform - old HSBC loan 'debt'

[larderraider]

Hi I wonder if anybody can help .

 

My wife received a claim form from Northampton county court

from a company called arrow global in regards to an hsbc loan .

 

We checked up on the details and believed the loan to be statute barred .

 

However , we returned the form to the court stating we disputed the claim

and gave the reasons and enclosed a copy of a letter i had sent to Restons solicitors

who are acting for arrow .

 

After reading a similar case on here i asked for

 

a true copy of the credit agreement

all records held on my wife

transcripts of all telephone records by hsbc and themselves

true copies of assignment and or default notice

proof that the debt is not statute barred

any other documents they will rely on in court and a few other items

 

I gave them 14 days to reply and if no information was forthcoming i would report it to the court .

 

The court replied immediately acknowledging the defence and said they will serve a copy on the claimant

giving them 28 days to inform the court on how they wish to proceed or the claim will be stayed.

 

After 7 days ( today ) Restons wrote back to my wife saying she did not sign the form

only a digital signature and unless she signs it they will not acknowledge anything .

 

What should i do now ,

 

the court has acknowledged it ,

 

i have a signed delivery receipt from Restons and they have also sent a copy of my wifes

letter back with their letter proving they have had it

 

. Should my wife just write back and inform them that they only have 7 days left ?

 

many thanks in advance for your help

[renegadeimp]

Theyre stalling.

[larderraider]

Thanks Renegade , should i reply to the letter or just ignore it ?

many thanks

Theyre stalling.

[BRIGADIER2JCS]

Hi welcome to CAG.

 

 

I seems you may have confused two separate matters here.

 

 

1. The data you have requested is covered by separate Acts:

 

 

The Agreement by sections 77/78 of CCA 1974 (as amended).a 12 + 2 Working days time scale to comply. £1 statutory fee.

 

 

2. The Data protection Act 1980. A Subject Access Request: 40 days to comply and a £10 statutory fee. Needs to be signed.

 

 

Please post here the particulars of the claim (suitably redacted, personal data and account Nos. removed).

 

 

That aside has your wife checked her credit reference files? If not she needs to do so asap. This will give a pointer to the status of the debt.

As this claim is issued from Northampton CCBC they do not have to send documents attached to the claim.

Your wife should acknowledge the claim and state intention to defend in full.

 

 

Get the CCA request to Restons asap use the template from the CAG library for this and use signed for post.

A Postal order for £1.00 payee left blank but clearly marked for statutory fee only. No signature needed

 

 

Lastly for clarification:

 

 

Statute Barred in England & Wales = 6 clear years without any payment or unequivocal written acknowledgment of the debt..

 

 

The Six Year Clock starts ticking (for CC debts and unsecured loans) The date a contractual payment was due and not made after which no further payment or written acknowledgment was made. so for safety 1 month after the last ever payment.

[larderraider]

Thanks Brigadier

ill send off straight away and post on here later. There has been no contact or payments for over 8 years so fingers crossed

many thanks

mark

[dx100uk]

can you fill this out please

 

and post the results here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

[BRIGADIER2JCS]

Thanks Brigadier

ill send off straight away and post on here later. There has been no contact or payments for over 8 years so fingers crossed

many thanks

mark

 

 

Happy to help!

[panther12]

 

Your wife should acknowledge the claim and state intention to defend in full.

 

From the OP's first post it looks like the letter was the defence to the claim.

 

The court replied immediately acknowledging the defence and said they will serve a copy on the claimant

giving them 28 days to inform the court on how they wish to proceed or the claim will be stayed.

 

You really need to find out 100% if it is SB and if so use the SB defence. SB doesn't stop them attempting to obtain judgment of a debt unless you raise it in your defence.