Claimform - arrow rbs, £8500

[Toots111]

I need help with a Claim form I have received today please.

 

Many thanks to anybody who replies,

 

Toots.

[citizenB]

Thread moved to correct forum. Toots can you have a read of the link below and provide answers to the questions asked, in this thread.

 

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

[Toots111]

Hello Citizen B,

 

Many thanks for sorting me out with the correct place to be . I'll have a look at that link now.

 

Toots.

[Toots111]

Thread moved to correct forum. Toots can you have a read of the link below and provide answers to the questions asked, in this thread.

 

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

 

P.S. I think that andyorch will have had more than enough of me on here Citizen B, as you will probably be aware that I have already got two other ongoing claims against me,which he is still in the process of trying o help me with, along with Brigadier2JCS. (My grammar is all over the place, sorry, I'm in such turmoil at present).

 

If there's anybody else you can ensure sees this, who you feel is able/willing to help me, so that I don't become a completely overwhelming burden to those already helping me, I'd be grateful?

[citizenB]

It is the weekend, toots so likely people will either look in later or after the weekend.

 

If you could help those who will look in and provide the information that I have asked for then that would be great. Just follow that link - then pop the answers to the questions in this thread.

[Toots111]

Here are the details I think I need to give;

 

Claimant is Arrow Global...

. Date of issue is 1/10/14....

 

 

..., so therefore I calculate that date for Ack. of Service will be on/before 20/10/14

and date for defence will be on/before 3/11/14??

 

 

POC;

 

' 1. The claim is for the sum of £8300 in respect of monies owing by the defendant

on a credit agreement held by the defendant with RBS under account number xxxxxxxxxxxxx

upon which the defendant failed to maintain payments.

 

2. A DN was served upon the defendant and has not been complied with.

 

3. By virtue of a sale agreement between Idem Capital Securities Ltd and the claimant,

the claim vested in the claimant who has a genuine commercial interest.

The defendant has been notified of the assignment by letter.

Contact xxxxxxx solicitors on xxxxxxxx'

 

I have had a quick look through most of the paperwork I have relating to this debt

and I have found an assignment letter and Notices of Sums in Arrears, but haven't yet found a DN.

I will be able to have another look tomorrow morning hopefully and confirm whether I have one or not.

 

I ceased payments due to not having enough money.

I suffered a nervous breakdown a few years earlier,

ending up not being able to work for a while,

then on reduced hours when I returned.

 

 

I ended up borrowing from new companies in order to try and keep payments up to existing creditors,

until it got to the point where I couldn't afford to pay anybody, my debts were so large.

 

 

I contacted all of my creditors at the time to explain my predicament and in time,

they all agreed to my paying £5.00 per month as a temporary arrangement, as well as freezing interest.

 

 

I struggled even to afford the £5 per month, although I did so for a few months,

after which I wrote to them all again, with evidence of income/outgoings.

 

 

I also notified all creditors of my ongoing mental health problems,

and supplied proof of the medication I was taking,( and still do have to take).

 

I believe the original agreement, with RBS was taken out after 2007, although I'm not 100% sure of this.

 

I have no assets at all; I live in rented, furnished accommodation and am in receipt of Working Tax Credits as I am on a very low income.

 

What should I do now please?

[Toots111]

It is the weekend, toots so likely people will either look in later or after the weekend.

 

If you could help those who will look in and provide the information that I have asked for then that would be great. Just follow that link - then pop the answers to the questions in this thread.

 

Thank you, I've just finished typing as much as I can for now, and have hopefully given most of the information I think I need to, although if I've left anything important out, please anybody, let me know.

 

I completely understand and respect that it's the weekend, so I'm not expecting anybody to come back to me until next week. I'll appreciate any help/advice whenever anybody has the time and will thank whoever that might be in advance. I do not know where I'd be without this forum; it's been, and continues to be, my only lifeline, and I'm so grateful.

 

I work part time, so if I ever don't respond to anybody straight away, it's only because I'm not able to do so from work.

 

Big thanks,

Toots.

[citizenB]

date of issue = 01.10.2014 + 5 days for service = 05.10.2014 + 14 days to acknowledge = 19.10.2014 + 14 days to submit defence = 02.11.2014 (33 days in total)

 

TBH, in view of what you have said regarding your financial situation - I wonder if it might not actually be worth filing for bankruptcy ?

 

Wait while others look in on you. I have left a message for andyorch and others on the site team.

[unclebulgaria67]

I think you really need to look into whether you sign up to some form of debt relief option e.g IVA.

 

If you have no assets and are on a low income, I cannot see the point of fighting these debts. If you qualify for debt relief, you can rid of these debts within a year or two.

 

Contact Stepchange on Monday to see what they say.

 

Stepchange link

[Toots111]

date of issue = 01.10.2014 + 5 days for service = 05.10.2014 + 14 days to acknowledge = 19.10.2014 + 14 days to submit defence = 02.11.2014 (33 days in total)

 

TBH, in view of what you have said regarding your financial situation - I wonder if it might not actually be worth filing for bankruptcy ?

 

Wait while others look in on you. I have left a message for andyorch and others on the site team.

 

Many thanks Citizen B.

 

I too am now wondering whether bankruptcy may be the best option, as I am finding it increasingly difficult to cope with all of this and am having to increase my dosage of medications to try and deal with things.

 

Enjoy your weekend.

[Toots111]

I think you really need to look into whether you sign up to some form of debt relief option e.g IVA.

 

If you have no assets and are on a low income, I cannot see the point of fighting these debts. If you qualify for debt relief, you can rid of these debts within a year or two.

 

Contact Stepchange on Monday to see what they say.

 

Stepchange link

 

Thanks so much for posting unclebulgaria.

 

My debts are too high for a debt relief order unfortunately, and I have absolutely no spare money to try to sort an IVA; I did look into this option, but was told I'd need a minimum of £120 per month to pay into it, which is way beyond my means.

 

I think I may have to consider bankruptcy as a last resort, or maybe try to see if these creditors will accept a paltry monthly sum from me ad infinitum! One of the reasons I've kept going with these court cases, and trying to fight through them, is in the hope that once in court, if I lose, the judge would only order me to pay a very small amount, due to my income. However, the effort involved in trying to keep on top of it all, and understand what I need to do, is taking it's toll.

 

No need to reply. Get out and enjoy your weekend, but thanks again.

[dx100uk]

I would be giving NDL a call

 

they are impartial and will be able to give you the best advise around

 

then pass you onto the correct people for the best option.

 

dx

[Toots111]

I wuldbe giving NDL a call

 

 

they are impartial and will be able to give you the best advise around

 

 

then pass you onto the correct people for the best option.

 

 

dx

 

Thanks dx. Who are NDL please?

 

Toots.

[dx100uk]

National Deblline

 

 

however, I know you have three claims on the go

but two are all in hand and looking good

 

 

this one I bet will be the same if you can hold your nerve.

 

 

dx

[Toots111]

Ta very much dx. My nerve is deserting me with each new quandary unfortunately, but I'll try my best to find some of your optimism. I've given way to TV now and hoping for it's, (for me anyway), calming effects.

 

Thanks so much for your posts, much appreciated.

[citizenB]

toots, do you have other debts as well as these 3 ?

 

I have popped the link to National Debtline below - it is free to telephone them for advice as well.

 

https://www.nationaldebtline.org/EW/factsheets/Pages/01%20EW%20Bankruptcy/Default.aspx

 

telephone number 0808 808 4000

[Toots111]

toots, do you have other debts as well as these 3 ?

 

I have popped the link to National Debtline below - it is free to telephone them for advice as well.

 

https://www.nationaldebtline.org/EW/factsheets/Pages/01%20EW%20Bankruptcy/Default.aspx

 

telephone number 0808 808 4000

 

Thanks Citizen B.

Yes, I have another 3 debts.

 

 

I'm presuming that these too will become court claims at some point.

 

 

If I don't succumb to bankruptcy and end up with CCJ's against me,

what happens if I wasn't able to keep up with any payments the court order me to make please??

 

I believe bailiffs would become involved, but if that's right, what could they do if I own nothing please?

 

If I did somehow manage to make the payments, would I have to do so indefinitely?

 

If I went bankrupt after receiving CCJ'S, would they be swallowed up and 'disappear' in the bankruptcy please?

 

I think my only defence with any of my claims is going to be faulty DN's; some people on here seem to believe that this

[citizenB]

Thanks Citizen B.

Yes, I have another 3 debts. I'm presuming that these too will become court claims at some point. If I don't succumb to bankruptcy and end up with CCJ's against me, what happens if I wasn't able to keep up with any payments the court order me to make please??

I believe bailiffs would become involved, but if that's right, what could they do if I own nothing please?

If I did somehow manage to make the payments, would I have to do so indefinitely?

If I went bankrupt after receiving CCJ'S, would they be swallowed up and 'disappear' in the bankruptcy please?

I think my only defence with any of my claims is going to be faulty DN's; some people on here seem to believe that this

 

If the claims were to go to court and you lost - it is my understanding that the court would only make you pay what you could afford. So you would need to produce an income and expenditure sheet. All your priority debts such as rent/utilities/food/council tax etc would be first - then any priority debts such as the newly awarded CCJs and any other debts would come last.

 

If those other debts were then to be subject to claims, I guess it would all need to be re calculated. A bit messy I would have thought !

 

There are some debts that might not be included - I think any Magistrate fines - student loans - child support arrears - you would need to speak to Nat Debt for a more comprehensive list

 

IMHO, I would speak with them - you don't have to make any decisions at this stage - just get an idea of your options.

[Toots111]

If the claims were to go to court and you lost - it is my understanding that the court would only make you pay what you could afford. So you would need to produce an income and expenditure sheet. All your priority debts such as rent/utilities/food/council tax etc would be first - then any priority debts such as the newly awarded CCJs and any other debts would come last.

 

If those other debts were then to be subject to claims, I guess it would all need to be re calculated. A bit messy I would have thought !

 

There are some debts that might not be included - I think any Magistrate fines - student loans - child support arrears - you would need to speak to Nat Debt for a more comprehensive list

 

IMHO, I would speak with them - you don't have to make any decisions at this stage - just get an idea of your options.

 

Thanks. Sorry about not finishing my last post properly, I have my little grandson here with me, so got distracted!

 

I was trying to say that in relation to faulty DN's, some people on here believe that in itself, a claim cannot be successful where the DN is faulty and that a DJ should be made aware of this by quoting case law, whereas others believe a faulty DN is meaningless; very confusing to me. Do you have an opinion here Citizen B please?

 

I am going to have a better look through the paperwork I have for this debt, as soon as I have some time to myself, and see whether I can find any DN at all. I will report back on here once I know.

[Toots111]

It is the weekend, toots so likely people will either look in later or after the weekend.

 

If you could help those who will look in and provide the information that I have asked for then that would be great. Just follow that link - then pop the answers to the questions in this thread.

Further info;

 

This debt was taken on AFTER 2007.

 

Having just had a look through my last two months credit reports with Experian and Noddle, I've noticed that the Claimant has not updated the CRA's since the end of 2012, whereas all of my other creditors have updated monthly on an ongoing basis. Is this fact important in any way please???

[citizenB]

Thanks. Sorry about not finishing my last post properly, I have my little grandson here with me, so got distracted!

 

I was trying to say that in relation to faulty DN's, some people on here believe that in itself, a claim cannot be successful where the DN is faulty and that a DJ should be made aware of this by quoting case law, whereas others believe a faulty DN is meaningless; very confusing to me. Do you have an opinion here Citizen B please?

 

I am going to have a better look through the paperwork I have for this debt, as soon as I have some time to myself, and see whether I can find any DN at all. I will report back on here once I know.

 

Further info;

 

This debt was taken on AFTER 2007.

 

Having just had a look through my last two months credit reports with Experian and Noddle, I've noticed that the Claimant has not updated the CRA's since the end of 2012, whereas all of my other creditors have updated monthly on an ongoing basis. Is this fact important in any way please???

 

If a faulty Default Notice is the only problem then I think it would not be of any true help - but you would need to have the advice from others who have more knowledge in this area, toots.. such as andyorch.

 

Also, if the account was opened after 2007 - I think you cannot rely on pre 2007 regulations. TBH, I am unable to help on this.

 

As for the updating of your credit files - I am not sure whether you are clutching at straws or not. When did you cease making payments to the account (when was it defaulted) is it likely that 6 years have passed since it was defaulted in which case they would no longer be reporting ?

[Toots111]

No, it's not six years since the default date on my credit files Citizen B.

 

It's okay, I'll wait to see what responses I receive tomorrow hopefully, but thanks so much for keeping in touch over the weekend. Much appreciated.

[sequenci]

Hi there,

 

There's a great bankruptcy fact sheet here: https://www.nationaldebtline.org/EW/factsheets/Pages/01%20EW%20Bankruptcy/Default.aspx

 

Given what you've said, it could be a very simple and effective way of becoming debt-free. It's a painless exercise these days, the only real hurdle is the fee - though there are organisations out there who may be able to help.

 

Do read through the fact sheet, it's beautifully written and easy to understand. It answers all the key questions.

 

Best wishes,

 

Seq.

[Toots111]

Hi there,

 

There's a great bankruptcy fact sheet here: https://www.nationaldebtline.org/EW/factsheets/Pages/01%20EW%20Bankruptcy/Default.aspx

 

Given what you've said, it could be a very simple and effective way of becoming debt-free. It's a painless exercise these days, the only real hurdle is the fee - though there are organisations out there who may be able to help.

 

Do read through the fact sheet, it's beautifully written and easy to understand. It answers all the key questions.

 

Best wishes,

 

Seq.

 

Thank you Seq.

 

I have made an appointment to meet with an Insolvency Practitioner this afternoon, to try and get a better understanding of bankruptcy and what it would entail for me. It is free of charge and totally confidential, so I hope it helps me to decide about the best way forward with the total mess that I'm in.

 

I have alternated over the past few days between thinking bankruptcy is the only way forward, but then switching back to either carrying on fighting the 3 claims against me/ stop fighting and just let them have their CCJ's/ writing to the 3 creditors and offering a paltry monthly instalment, (as I don't have any spare money at all), and pray that this might persuade them to stop their court action.

 

I am so utterly worn down by it all, and so very stressed about the ramifications of all of these various options.

 

For some reason, the caggers on here who have been a great support over the past few months, seem to have disappeared, which has only added to the pressure I feel under. I spent hours on here on Saturday night, writing posts against all of my 3 threads which I need urgent help with, but have had little or no response . This has never happened before, so I don't know what to think.

 

Without that support and guidance, I feel very alone with it all unfortunately and have had the most miserable few days.

[unclebulgaria67]

Thank you Seq.

 

I have made an appointment to meet with an Insolvency Practitioner this afternoon, to try and get a better understanding of bankruptcy and what it would entail for me. It is free of charge and totally confidential, so I hope it helps me to decide about the best way forward with the total mess that I'm in.

 

I have alternated over the past few days between thinking bankruptcy is the only way forward, but then switching back to either carrying on fighting the 3 claims against me/ stop fighting and just let them have their CCJ's/ writing to the 3 creditors and offering a paltry monthly instalment, (as I don't have any spare money at all), and pray that this might persuade them to stop their court action.

 

I am so utterly worn down by it all, and so very stressed about the ramifications of all of these various options.

 

For some reason, the caggers on here who have been a great support over the past few months, seem to have disappeared, which has only added to the pressure I feel under. I spent hours on here on Saturday night, writing posts against all of my 3 threads which I need urgent help with, but have had little or no response . This has never happened before, so I don't know what to think.

 

Without that support and guidance, I feel very alone with it all unfortunately and have had the most miserable few days.

 

Think the debt industry has changed over recent years. They have become a bit more efficient and are more likely to take it to court. Unless you have very good reasons to defend, it can be quite difficult these days. They are using outside Solicitors, they turn up to the court and if you are defending yourself, unless you are really good at it, then it is not easy. Sometimes Judges are more helpful to claimant creditors than to debtors.

 

And then there is the problem of them coming back again, after you thought you had one a battle,

 

Sometimes if you are in a hole, it can get to the point where you have to stop digging. Perhaps you have reached this point and need to look at all options. I have read so many people say that bankruptcy has been the best decision they have ever made. So you are doing the right thing by sitting down with someone who can advise you on this.