Arrow/restons claimform - EGG Loan debt - poss SBd

[october2017]

Hi

 

Ive received out of the blue a court claim form from Arrow Global saying that I owe nearly £22k to Egg

but Ive not heard anything for at least 10 years until now.

 

Please can you advise me whats the best course of action as Ive acknowledged the claim on moneyclaim

to get another 14 days on this.

 

Can this debt be Statute Barred because of the age of it?

 

I need to file my defence before 18 October before 4pm online.

 

Ive sent a CCA request to Arrow & their Solicitor Restons and had a reply from both of them to say theyve requested CCA

paperwork from Egg but so far I havent received anything since 4 October.

 

 

I look forward to hearing from anyone soon.

 

Thanks!

[Ell-enn]

When did you last make a payment to this account ?

[Guest]

also,

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

[october2017]

I've never made a payment to Arrow Global and on the particulars of claim they state that the debt was assigned to them on 10 Oct 2011!

[october2017]

Name of the Claimant ? ARROW GLOBAL LIMITED

Date of issue – 15 SEPTEMBER 2017

 

Date to acknowledge) = 3/10/17

 

 

date to submit defence = 17/10/17

 

What is the claim for –

 

1'THE CLAIMANT CLAIMS PAYMENT OF THE OVERDUE BALANCE DUE FROM THE DEFENDANT(S) UNDER A CONTRACT BETWEEN THE DEFENDANT(S) AND EGG DATED ON OR ABOUT JUL 01 2003 AND ASSIGNED TO THE CLAIMANT ON OCT 2011

2.PARTICULARS A/C NO - XXXXXXXX

 

DATE ITEM VALUE

04/08/2017 DEFAULT BALANCE 21889.04

POST REFRL CR NIL

TOTAL 21889.04

 

What is the value of the claim? £21889.04

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? EGG LOAN

 

When did you enter into the original agreement before or after 2007? BEFORE 2007 [2003]

 

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. ARROW GLOBAL

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO, NO I DIDN'T

 

Did you receive a Default Notice from the original creditor? NO

 

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

 

Why did you cease payments? DUE TO BEING UNEMPLOYED AS MAIN CARER OF SERIOUSLY ILL FATHER AFTER BRAIN HEMORRHAGE

What was the date of your last payment? NOT SURE AS SO LONG AGO

 

Was there a dispute with the original creditor that remains unresolved? NO, NOT THAT I CAN THINK OF

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management planicon? NO

[dx100uk]

moved to legals forum

continue to post here now

 

 

dx

[dx100uk]

go ring Canadian square operations

as i'll guess this was transferred to CITI before selling it to Arrows

and ask last payment date

 

 

do you think its more than 6 yrs ago?

[dx100uk]

0800 00 55 00

give them a ring in the morning

you'll need the loan number from their POC.

[october2017]

Thanks, I prefer putting everything in writing though

[october2017]

Yes definitely more than 6 years ago

[dx100uk]

then its statute barred.

 

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

no need to sign anything

.

dx

 

 

 

 

if you are 1000% you have not paid in 6yrs

theres no harm in filing the following defence on MCOL too.

 

 

The following defence is all you need if it is SB

 

 

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

[october2017]

Thanks.

 

I sent a CCA request letter to Arrow and here's their reply:

 

Dear ## ####

Arrow Global Limited Account: ##/########

ASSIGNED BY Cyclone Asset Management Limited (ACCOUNT NUMBER ########)

 

Thank you for contacting Arrow Global. We acknowledge your request for documentation pursuant to the Consumer Credit Act 1974.

 

We do not accept that we are the creditor as envisaged by the above statute. However, we are

willing to assist in obtaining that which has been requested. we will now process your request for

documentation from the original creditor and will revert in due course.

 

We confirm that all collection activity will be suspended pending provision of the documents.

Please note that this does not include any court proceedings issued against you which will continue to follow the timeframe set out by the court.

 

We hereby return your £1.00 (This was the postal order I sent them in the CCA request letter)

 

I'm totally baffled who Cyclone Asset are as never heard of them until now.

 

I sent a letter to Restons and they said:

 

Dear Sir

 

Re Arrow Global v Yourself

Account Number - xxxxxxxx

Original Creditor and product type - Egg - Loan

 

We acknowledge receipt of your recent correspondence and request for documentation.

 

We write to inform you that we have requested instructions from our client.

 

We shall revert back to you in due course

 

Yours faithfully

 

Restons Solicitors Limited

[dx100uk]

both are std responses you'll see on many arrow reston claimform threads here already

doesn't change anything

 

asset are simply a member of their parent group arrows

 

did you sent rectums a CPR 31:14?

[AndyOrch]

Good job they didnt claim section 69 interest 8% on top of the debt ...assigned 2011