Arrow/? claimform - M&S card 'debt'

[johnny aardvark]

Hi All

Received a County Court Summons 14th Sept 2015 from Arrow Global(claimant) on an M&S card debt assigned to them on Feb 2013.

 

I acknowledged and have to file defence on the 17th October.

 

I sent CCA request to Arrow Global 0n 18th Sept and they replied on 25th Sept

saying that they do not accept they are the creditor as envisaged by the statute

however they are willing to help and process docs from the creditor ...however nothing received as yet

 

also they confirmed all collection activity will be suspended pending provision of docs.

 

I presume this wont mean they have halted court summons so i will still defend.

 

Question .....?

Is my defence that they havent complied with CCA request and that as per their letter of 25th Sept

they have stated that all collection activity will be suspended pending provision of CCA documents

 

Thanks

[dx100uk]

hi and welcome

 

 

could you fill this out please

so we have all the info to hand to properly advise

 

 

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

 

 

dx

[johnny aardvark]

Hi

 

Claimant is Arrow Global

 

issue date 14 th Sept

 

Particulars of Claim

" The Claimant claims payment of overdue balance due from defendant under a contract between defendant and M&S Financial Services PLC dated on or about Oct 27 2003 and assigned to the claimant Feb 21 2013 "

Default balance £3500

the 16 digit a/c no. ****************

 

Date item Value

27/10 default £3500

Post Refri Cr Nil

Toatal £3500

 

It was a store Store Card

 

im sure i have been notified of assignment etc

 

Nothing paid since 2009 ish

 

pretty much just ignored all correspondence as not in position to pay

 

thanks

[dx100uk]

is that all that is in the POC? [particulars of claim'?

 

 

dx

[johnny aardvark]

sorry a little more....

 

the 16 digit a/c no. ****************

 

Date item Value

27/10 default £3500

Post Refri Cr Nil

Toatal £3500

[johnny aardvark]

I didnt send CPR form to the solicitors Restons !!

[dx100uk]

Restons don't reply to CPR anyway

 

You sent the CCA that's the important one

 

You need to file your def by 4pm Friday

 

STD no paperwork def available on many threads here

 

Dx

[johnny aardvark]

Thanks

Defence filed !

Received letter from court saying the claimant has 28 days to contact the court etc if they wish to proceed.

Still no reply to CCA request and with regard to SAR request M&S sent letter saying they have a different address on file although i have lived at same address for years and for me to sign letter.

Funny though how Arrow Global and Restons know the address !!

thanks

[Bazooka Boo]

SAR's should always be signed, there's no reason not to.

 

Is it possible that you took this out at another address?

 

If not then they clearly have the wrong man......

[dx100uk]

what def did you file please?

 

 

dx

[johnny aardvark]

How much of the claim do you dispute?

I dispute the full amount claimed as shown on the claim form.

 

Do you dispute this claim because you have already paid it?

No, for other reasons.

 

Defence

 

 

1. The Defendant contends that the particulars of claim are vague

and generic in nature. The Defendant accordingly sets out its case

below and relies on CPR r 16.5 (3) in relation to any particular

allegation to which a specific response has not been made.

 

2. The claim is denied with regards to an amount due under an

agreement. The Claimant/Solicitor has refused to disclose any

agreement or statements on which its claim relies upon. (paragraph

1 of Particulars of claim)

 

3. I am unaware of any legal assignment the claimant refers to

within its particulars and deny the notice was served pursuant to

the Law of Property Act 1925. (paragraph 2 of Particulars of

claim)

 

On receipt of this claim I requested information pertaining to

this claim from Reston Solicitors by way of a CPR 31.14. To date I

have yet to receive a compliant response. This was posted on the

18th September 2015 and no response has been received.

 

 

On receipt of this claim I requested information pertaining to

this claim from Arrow Global Ltd. by way of a Section 77/78

request. To date I have yet to receive a satisfactory response

complying with the request. This was posted on the 18th September

2015 and signed for as received on the 25th September 2015

Therefore with the courts permission the Claimant is put to strict

proof to:

 

(a)Show and disclose how the Defendant has entered into an

agreement; and

 

(b) Show and disclose how the Claimant has reached the amount

claimed for;

 

© Show how the agreement was legally terminated to allow the

claimant relief.

 

(d) Show how the Claimant has the legal right, either under

statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5, it is expected that the

Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt,

it is denied that the Claimant has the right to lay a claim due to

contraventions of Section 136 of the Law of Property Act and

Section 82A of the consumer crediticon Act 1974.

6. By reasons of the facts and matters set out above, it is denied

that the Claimant is entitled to the relief claimed or any relief

including interest pursuant to S69 of the county courticon Act.

(paragraphs 3,4 and 5 of the Particulars of Claim)

 

Signed

I am the Defendant - I believe that the facts stated in this form are true

xxxxxxxxxxx

[johnny aardvark]

hi

i ended up a bit rushed on the day and sent the above as defence on MCOL

J AA

[dx100uk]

looks ok

[johnny aardvark]

Thanks dx

[johnny aardvark]

a small possibility that M&S used a buy to let prop address that i once had

but no bills and letters etc were ever delivered there so i guess their records are messed up.

 

i presume the SARs request will confirm either way.

 

 

i am re-sending today as they have sent postal order back and asked me to reissue the request with signature and address update !!

[dx100uk]

yes that's correct

if you read the full sar thread

 

 

you'll see that

 

 

I'd also send a CTAX bill

 

 

dx

[johnny aardvark]

thanks dx

done homework and read SAR thread now and will enclose Ctax bill

[johnny aardvark]

Quick update

Filed defence and the case was stayed awaiting Arrow Globals next move.

 

last week received an alleged CCA from Global

 

 

it was a photo copy of M&S existing terms and conditions.

 

Arrow stated in their strangely worded letter they dont need an original or signatures etc so i should pay up )

[dx100uk]

no go

 

 

its from 2003

 

 

need the signed agreement.

 

 

willy waving

 

 

dx