Arrow/restons claim form - HBOS credit card 'debt'

[Charbydis]

Name of the Claimant ? Arrow global Guernsey Ltd

Date of issue – 24/10/16

 

Date to submit defence = 4pm 25/11/16

What is the claim for –

 

1.The claimant claims the payment of the overdue balance due from the defendant under a contract between the defendents and hbos dated on or around Jan 17 2002 and assigned to the claimant on Oct 11 2006

 

Particulars a/c no - XXXX

 

Date Item Value

11/12/2015 default balance 2000

Post Refri Cr NIL

 

TOTAL 2000

 

What is the value of the claim?2000

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

 

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

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. debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? don't know

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

Why did you cease payments? on debt management plan but stopped payments because most of the debts had been sold on and the dcas had not responded to my cca requests

What was the date of your last payment? Oct 2013

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 management plan? yes

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA Requesticon to the claimant for a copy of your agreement - done

(except for Overdraft/ Mobile/Telephone accounts)

 

Send a CPR31.14 request to the solicitor named on the claim formicon for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

 

Request 1 - Loans/Credit Cards - done

I have acknowledged and said I intend to defend all the claim.

[dx100uk]

How many numbers does the account have in the poc?

[Charbydis]

16 it begins with 5407

[dx100uk]

brill def a credit card then

 

 

dx

[dx100uk]

I always find this site useful

http://bin-iin.com/Discover-BIN-List.html

for discovering what a debt was if you know the account number

[Charbydis]

I have drafted a defence as follows:

 

Particulars of claim

 

The claimant claims the payment of the overdue balance due from the defendant under a contract between the defendents and*HBOS*dated on or around Jan 17 2002 and assigned to the claimant on Oct 11 2006

 

Particulars a/c no - XXXX*

 

Date Item Value

11/12/2015 default balance 2000

Post Refri Cr NIL

 

TOTAL 2000*

#####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. Paragraph 1 is accepted insofar as that I may have in the past held a contractual relationship with HBOS. I do not recall the precise details of the account and have requested verification from the claimant to which they have yet to comply. It is denied the claimant has provided the me with notice of assignment in accordance with s136 law and property act 1925 and therefore have yet to prove they are entitled to bring this claim. I do not recognise or recall this account number.*

 

3. On receipt of a letter before action from Restons regarding this claims I requested information pertaining to this claim from Restons Solicitors by way of a CPR 31.14 and a section 78 request but did not receive an adequate response.

 

5. Therefore with the court’s 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;

 

6. As per*Civil Procedure*Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as 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 credit Act 1974.

 

8. 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.

 

I would appreciate any advise before filing.

[martin2006]

In 3. Was the s78 cca sent to restons or the claimant?

 

Needs clarifying if sent to claimant, which it should have been.

[Charbydis]

I got a letter ages ago from restons threatening legal action

 

I wrote to them saying that I was treating it as an lba and asking them to provide the necessary documentation.

 

They replied saying yes it was an lba but they didn't think it necessary to supply the information requested.

 

As I didn't send it to the claimant should I include it then?

[dx100uk]

so you sent a CCA request

and to whom?

 

 

defence needs work on it.

[Charbydis]

I have sent a cca request to arrow and have yet to receive a response.

[Charbydis]

I have checked the letter I received from Restons and they say that I should refer back to the paperwork I received from HBOS which I don't have anymore. I need to file the defence today so any help would be appreciated.

[Charbydis]

second attempt

 

Particulars of claim

 

The claimant claims the payment of the overdue balance due from the defendant under a contract between the defendents and*HBOS*dated on or around Jan 17 2002 and assigned to the claimant on Oct 11 2006

 

Particulars a/c no - XXXX*

 

Date Item Value

11/12/2015 default balance 2000

Post Refri Cr NIL

 

TOTAL 2000*

 

#####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. Paragraph 1 is accepted insofar as that I may have in the past held a contractual relationship with HBOS. I do not recall the precise details of the account and have requested verification from the claimant to which they have yet to comply. It is denied the claimant has provided the me with notice of assignment in accordance with s136 law and property act 1925 and therefore have yet to prove they are entitled to bring this claim. I do not recognise or recall this account number.*

 

3. I have requested from the claimants representative, Restons Solicitors Ltd information pertaining to this claim by way of a CPR 31.14 and a section 78 request but they refused to provide me with any information.

 

5. Therefore with the court’s 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;

 

6. As per*Civil Procedure*Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

7. 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 credit Act 1974.

 

8. 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.

[Charbydis]

now I can't get mcol to recognise my claim number and password

[Charbydis]

I have emailed a defence with form to the courts with 10 mins to spare. I hope will be accepted.

[martin2006]

Sorry that no one was around to assist today charbydis but defence looks ok as long as it countered every point in the PoC and emailing to court will be fine.

[Charbydis]

had a letter from restons saying that I should have all the info I need but they are requesting them from arrow and when they get them they will ask the judge to throw out my defence.

 

 

Sounds like a lot of hot air(polite verson) to me.

[dx100uk]

yep std letter from them if you go read other reston claim threads

 

 

nothing needed to respond too.

 

 

dx

[martin2006]

Requesting from Arrow, who in turn will have to request from HBOS. Who may not have anything from 2002!!