Arrows/Drydens Salford Claimform - Old New Wave Capital Business Debt with Personal Guarantee? - help required with defence

[Nic369]

Capquest/drydens claimform- capital on tap/New Wave Capital Card debt Personal Guarantee debt - Page 2 - Financial Legal Issues - Consumer Action Group

 

Drydens has taken me to court, got a couple of days left to reply, (yes left it too late)  can anyone direct me to a suitable defence as I didn't agree to personal guarantee knowingly as they provided me with a card without me applying for it, need some formal defence format, thanks if you can help

[MOSS 41]

- hi

Have you requested any proof of documentation from them ?

 

And is there a statement of account ? 

[Nic369]

@MOSS 41 No had nothing,  .  Thanks if you can help

[dx100uk]

please complete this:

 

Did you complete acknowledgement of service by day 19 from the date on that claimform?

 

 

Dx

[Nic369]

Yes 08/11 by email

Edited November 25, 2022 by Nic369

[MOSS 41]

Ok-

someone may make this neater than me - but having dealt with them a lot - the burden of proof is on them - to prove their claim and prove the loss 

 

so defence would be 

1) I did not provide a personal guarantee for ltd Co xxx and there is no amount outstanding for £516.50

 

2) I have not received any assignment letter that entitles the claimant to bring any action (or have you ?)

 

3) I did not agree to indemnify Ltd Co xxxxx

 

4) no agreement for xxxxxx has been provided or signed by myself. 
 

5) no amount is outstanding 

 

 

then once submitted - do a CPR 31.14 letter - requesting 

1) personal guarantee document xxxxxx

and the IP address where it was allegedly signed

 

2) assignment letter for arrow global

 

3)proper creditor statement of account including all details 

opening balance and charges ,

repayments 

 

 

 

personally I know that what they don’t seem to have at new wave is the creditor statements to prove the amount  they claim -

which maybe is why they sell on and they don’t have proof of IP where it was signed like a docusign document -

they just put your typed name in which is why people aren’t aware - it’s not even a wet signature 

 

that’s the start really - if they don’t reply with what you need (crucially the proper statement of account to prove loss) in the 12 plus days to letter CPR 31.14 I would apply for a stay or strike out until they do 

 

someone might have more info than this but their weakness 

a) proving you signed it

b) proving amount outstanding 

 

 

[dx100uk]

might be best to just file our standard Holding/no paperwork defence and save the rest till later in the process and get a cca request and cpr request running. make them disclose everything.

 

notice this is a manual claim via northants bulk .. very rare!

 

dx

 

 

[dx100uk]

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.

 

Paragraph 1 is noted. I have in the past had financial dealings with New Wave Capital. However the Defendant does not recognise this specific account number or any outstanding debt relating to this account number that the Claimant refers to and the Claimant has not stated the date this agreement is alleged to have occurred. The Defendant has therefore sought clarity from the claimant by way of a section 7X request and a CPR 31.14 request.

 

The Claimant states that the account was assigned from New Wave Capital to Arrow Global Ltd but does not mention the date this occurred. I have no recollection of ever receiving a Notice of Assignment in the prescribed format and I do not recall the precise details of the Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) and therefore requested a further copy from the claimant which they have yet to provide.

 

It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

(A) Show how the Defendant has entered into an agreement and:

(B) Show how the Defendant has reached the amount claimed for and:

(C) Show the nature of the breach and evidence by way of a Default Notice Pursuant to section 88 of the Consumer Credit Act 1974 and:

(D) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed.

 

On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has a right to lay claim due to contraventions of section 82A of the Consumer Credit Act 1974.

 

By reasons of the facts and matters set out above, it is denied that the Claimant at this time is entitled to the relief.

[dx100uk]

don't rush this

you can easily wait till over the w/end and file is by email.

 

let @Andyorch look things over as we dont see many of these here

you took out a credit card under your Ltd Company name, which they also claim had you sign a personal guarantee.

thats what they are trying to enforce. fat chance

 

sound abit like the travis perkins claims and the screw fix claims here.

 

dx

 

 

 

[MOSS 41]

Agree - 

I think because you’ve ignored them they have gone for a ccj not caring about paperwork as they think you will ignore that too and get one by default 

 

main aim of filing defence is to stop default ccj

get them on proof of paperwork - with deadlines to start with 

[Andyorch]

Best to wait until Nic decides to complete the link...you can't defend a claim without the full details of the debt and history.

 

When you're ready Nic third request.

[Nic369]

sorry very confused with all this,  the link seems to go to the details about the court docs, where i uploaded the pdf about the one i received, do i need to do it again?

[Andyorch]

No you need to answer the questions with your responses and paste back here...we know nothing of the history of the debt its impossible to advise on a defence if we only have the court claim particulars...what's your side of the story?

 

Andy

[Nic369]

 

Which Court have you received the claim from ? CCMCC Salford

 

Name of the Claimant ? Arrow Global Limited

 

Date of issue – 19/10/2022

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Details as per pdf form

(NO WE ASK YOU TYPE IT OUT !! I'll do it for you-DX)

 

 1. The claimant's claim is in the amount of £516.50 in respect of monies owed under a personal guarantee in respect of the obligations of  (my Ltd Company) .

 

2.The balance owed was assigned from New Wave Capital Limited to the Claimant, and the defendant has been notified of the assignment by letter.

 

3.The basis of the guarantee was that the defendant(s) agreed to indemnify the claimant in respect of the liabilities of the company

 

4.Under the agreement xxxxx the guarantor agreed payment of all monies due and owing to the original creditor or any subsequent assignees. The company has failed to repay the amount owing and a formal demand for payment was therefore sent to the defendant.

 

5. the defendant has failed to repay the amount owing under the guarantee and remains indebted to the claimant in the amount claimed.

 

What is the total value of the claim? £516.50
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No, if have really can’t remember, had a total hip replacement operation on 9^th August, prior to that have been in severe pain, had a letter in May which I thought was a very old debt, thought I would see if anything came from it did not contact them as had no recollection of debt, was a transfer of account.
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 

Did you inform the claimant of your change of address? No

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

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

Do you recall how you entered into the agreement...On line /In branch/By post ? 

I opened a business account with Cashplus and got sent it as part of the account, it was like a addition to the account

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No Nothing at all 

 

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. The 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? No
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No
 

Why did you cease payments? Haven’t made a payment
 

What was the date of your last payment? N/A
 

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? No

 

letter_1-05-2022 transfer to drydens.pdf

claimform (3).pdf

[dx100uk]

thread tidied.

 

 

[dx100uk]

have you sent drydens a CPR 31;14 yet?

 

what other documents/letters did you get before you got the claimform?

 

 

[Nic369]

No, haven't sent, received or acknowledged anything from Dryden's. Sorry about all this but really green on this issue. 

[dx100uk]

get this running

 

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

 type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 

[Nic369]

Day 33 is today for me isnt it date of service was 26th Oct (correction date of issue was 19th Oct) Today is 33,  what defence do i file? 

[MOSS 41]

Really needed to get it in before 4pm today -

you can try and  do now - but might be late 

defence was written out for you. Before by dx100

[Nic369]

Sorry where was that

 

[MOSS 41]

Post 8

[Nic369]

is this it?

 

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.

 

Paragraph 1 is noted. I have in the past had financial dealings with New Wave Capital. However the Defendant does not recognise this specific account number or any outstanding debt relating to this account number that the Claimant refers to and the Claimant has not stated the date this agreement is alleged to have occurred. The Defendant has therefore sought clarity from the claimant by way of a section 7X request and a CPR 31.14 request.

 

The Claimant states that the account was assigned from New Wave Capital to Arrow Global Ltd but does not mention the date this occurred. I have no recollection of ever receiving a Notice of Assignment in the prescribed format and I do not recall the precise details of the Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) and therefore requested a further copy from the claimant which they have yet to provide.

 

It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

(A) Show how the Defendant has entered into an agreement and:

(B) Show how the Defendant has reached the amount claimed for and:

(C) Show the nature of the breach and evidence by way of a Default Notice Pursuant to section 88 of the Consumer Credit Act 1974 and:

(D) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed.

 

On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has a right to lay claim due to contraventions of section 82A of the Consumer Credit Act 1974.

 

By reasons of the facts and matters set out above, it is denied that the Claimant at this time is entitled to the relief.

[MOSS 41]

Yes 

[Nic369]

Ok thanks for your help