Arrows/Restons claimform - EGG loan debt already settled by F&F to Mucky Hall in 2013

[Charlotte33]

Hi All

 

I'm looking for some help,

 

I received a CCJ papers relating to a egg loan I had defaulted on in April 2011,

I had agreed a 50% settlement with Makenzie Hall in November 2013

but the remainder had never been written off so I submitted by defence via MOL online :

 

Full and final settlement was agreed via telephone with Mackenzie hall in November 2013,

the settlement was agreed at 50% of the debit.

 

A payment of 3000.00 GBP was made via debit card wile I was on the telephone

and an agreement was made they would take 2 further payments in December and January,

at which point the remanding 50% of the debit would be written off

and the debit would me marked as satisfied

 

All three card payments were taken as detailed in the payments section.

 

This was submitted 2nd Aug 16

 

today I've revived a letter from Restons,

most of it is irrelevant as i'm not disputing the original debit,

but they are asking me for proof within 14 days (they have 14 days ish to respond to the court)

 

The part of the letter is :

We note from your defence that you believe the outstanding balance has been partially settle

upon agreeing a settlement sum of 50% with Egg Banking in November 2013.

 

We note however, that you have failed to provide any evidence of such a settlement being agreed.

 

We kindly ask to be provided with evidence to prove such and allegation, within the next 14 days.

 

Should I respond to this letter?

 

from what I have read there is no need at this point to provide evidence

and, my defence states when and how the payments were made which matches my credit file.

 

I'm also annoyed with the tone of the letter as it feels like its a standard letter with a extra bit added on,

and even that doesn't match up to what my defence said.

 

Restons are acting on behalf of Arrow global, any help or suggestions much appreciated.

 

Thanks

 

Charlotte

[dx100uk]

firstly

can you fill this out please

 

 

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

 

 

so looks like mucky hall spoofed you out of the settlement money

and then sold the debt on.

usual MO.

who were mucky halls client at the time please>:?

have you all the letters at the time you made the F&F?

 

 

dx

[Charlotte33]

Name of the Claimant ?

 

arrow global

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

25/07/16

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

defence filed 02/08/16

 

 

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

not sure, i will update once i've found the claim form

 

What is the value of the claim?

 

3282.20 + sols fee and intrest

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account?

 

loan account

 

When did you enter into the original agreement before or after 2007?

 

the letter from Restons today says 15/03/07 which sounds about right

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

 

no, originally egg issued by arrow global

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

yes, but i don't know if is still have it

 

Did you receive a Default Notice from the original creditor?

 

yes, but again i don't think i have it

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

yes

Why did you cease payments?

 

unable to pay all bills, husband took a lower paid job after unemployment and i was pregnant

 

What was the date of your last payment?

 

jan 14

 

Was there a dispute with the original creditor that remains unresolved?

 

no

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

 

no

 

I don't think I have any of the makenzie hall letters

[mercyblue]

I wouldn't respond to the letter, it's a common tactic used so they can base their response on what you send them.

 

 

They've issued a claim you've submitted a defence the ball is back in their court (no pun intended).

 

You'll probably get another letter if you don't respond telling you they'll apply for a summary judgement blah blah to try to intimidate you into showing your cards. Its all bluster and you can safely ignore it.