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  1. #1
    Donel361's Avatar

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    Default Restons Solicitors / Arrow Global

    Good morning,

    Thought I would document my dealings with this company on the website. Any advice or pointers are greatly appreciated. Otherwise, I hope it may be useful to anyone else who may be dealing with the same companies. In summary (see attachments)

    1. Claim form received from Northampton CC Business Centre. Issue date (10 Aug 2017)
    2. Claim acknowledged online. (15 Aug 2017)
    3. CCA 1974 request letter sent to Arrow Global with P.O for the statutory fee. (16 Aug 2017)
    4. CPR 31.14b letter sent to Restons Solicitors (16 Aug 2017)
    5. Defence filed using the template on this website. (23 Aug 2017)
    6. Reply from Arrow Global "we do not accept we are the creditor/returned P.O" (23 Aug 2017)

    Seems Arrow Global refer to someone called Idem Capital Securities Limited (who I've never heard of)

    - - - Updated - - -

    It doesn't seem like I have an option to upload the attachments.?

  2. #2
    Kati's Avatar

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    Default Re: Restons Solicitors / Arrow Global

    Quote Originally Posted by Donel361 View Post
    It doesn't seem like I have an option to upload the attachments.?
    either click "go advanced" on the reply box or email them to me (with a link to this thread so I can upload them ) xx
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  3. #3
    warwick65's Avatar

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    Default Re: Restons Solicitors / Arrow Global

    Hi Donel
    Is this another claim to the one where you have engaged @Joanna C
    I assume it is as the dates are different

    If it is, a few details might be useful
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  4. #4
    Donel361's Avatar

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    Default Re: Restons Solicitors / Arrow Global

    Here are the documents so far.

    - - - Updated - - -

    Thanks Kati.

    Warwick, Hi. No, it's a completely different one. I'm helping my mom with it.
    Attached Files Attached Files

  5. #5
    Donel361's Avatar

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    Default Re: Restons Solicitors / Arrow Global

    Letter from the Court received today acknowledging the defence.
    Attached Images Attached Images

  6. #6
    Donel361's Avatar

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    Default Re: Restons Solicitors / Arrow Global

    Hi folks, does anyone know what this statement actually means? I can see from other threads it's a standard letter from Arrow Global Ltd. Sorry, I haven't been able to find an answer to my query by searching. Despite being the claimant on the court document do they normally refer you back to whoever they claim you originally took the credit account with or Restons? should I be asking who the original creditor is so I can submit a CCA request or just ignore them. (all other documents uploaded on my post of 31 August)

    Also, if they are not the creditor why are they allowed to have a record on, and update, our credit reference file? I can see an entry for Arrow Global Ltd.

    - - - Updated - - -

    Sorry, forgot to attach the letter.
    Attached Images Attached Images

  7. #7
    Amethyst's Avatar

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    Default Re: Restons Solicitors / Arrow Global

    Exactly. And why would they have the rights of the agreement if they were not the creditor....

    Arrow have some weird interpretation of s.189 of the Consumer Credit Act which says

    “creditor” means [F15(except in relation to green deal plans: see instead section 189B(2))] the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;
    unless they think they're in a green deal plan? lol, nope.

    It's simply obfuscation from them, meant to put you off asking for the agreement under the CCA s 77-79 - they are wrong and I don't think they have ever actually tried to argue it in court.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    Diana M's Avatar

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    Default Re: Restons Solicitors / Arrow Global

    Quote Originally Posted by Donel361 View Post
    Seems Arrow Global refer to someone called Idem Capital Securities Limited (who I've never heard of)
    ^ ^ ^ Which may be relevant since they (Idem Securities) are not mentioned in the Particulars of Claim but Arrow's letter which you've just uploaded confirms the debt was assigned to them (Arrow) by Idem Securities so not direct to them (Arrow) by New Day Ltd as per the POC.

    Did you raise any assignment issues in your Defence?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  9. #9
    Donel361's Avatar

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    Default Re: Restons Solicitors / Arrow Global

    Thank you so much both of you.

    Di, just the standard defence. I wasn't aware of these idem securities people before doing so as they weren't referred to in the claim.

    - - - Updated - - -

    Screenshot
    Attached Images Attached Images

  10. #10
    Diana M's Avatar

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    Default Re: Restons Solicitors / Arrow Global

    Quote Originally Posted by Amethyst View Post
    they are wrong and I don't think they have ever actually tried to argue it in court.
    They may have.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  11. #11
    Donel361's Avatar

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    Default Re: Restons Solicitors / Arrow Global

    A new letter from Arrow Global which includes another copy of the letter of 12.09.17 where they returned the postal order for the cca request saying they do not envisage they are the creditor.
    Attached Images Attached Images

  12. #12
    Donel361's Avatar

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    Default Re: Restons Solicitors / Arrow Global

    Hi all, Do I just leave things as they are now, stayed pending them finding the documents they rely on or should I do anything else to keep them on their toes.

  13. #13
    Amethyst's Avatar

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    Default Re: Restons Solicitors / Arrow Global

    I would leave it until it has been stayed for a month and then consider an application to the court to strike out the claim. This would mean writing to the claimant first and serving a copy of the application on them. This does carry some risks ( costs, and potentially forcing them into finding the docs quicker) , but means if you suceeded they couldn't just pop up in a year, two, three years with documents and carry on with the case. If they got the docs during the application process or if the court made an order for docs at least it pushes the case into continuing rather than quietly lurking on your shoulder until they can be pooped to sort it out.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  14. #14
    warwick65's Avatar

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    Default Re: Restons Solicitors / Arrow Global

    Maybe , before you even think about applying for a strike out, have a word with your solicitor or representative. I am sure they would offer some advice although solicitors rarely say yes or no.
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  15. #15
    Donel361's Avatar

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    Default Re: Restons Solicitors / Arrow Global

    Finally had some correspondence for Arrow. I will upload them tomorrow when I can access a scanner.

    It includes a copy of a credit agreement dated 1998 headed Dorothy Perkins and saying credit us provided by GE Capital. What look like some no frills statements just the text and some standard terms and conditions from santander.

    They've not supplied a default notice or anything relating to the assignment. The standard terms and conditions they've sent saying San tan Derek seem to be a 2011 version. (See attached)
    Attached Images Attached Images
    Last edited by Donel361; 14th November 2017 at 21:30:PM. Reason: Missed a bit.

  16. #16
    Donel361's Avatar

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    Default Re: Restons Solicitors / Arrow Global

    Hi all, here are the documents I received yesterday.

    Some of the things I am thinking about, I could be way off, are:

    • The agreement is dated 1998 and refers to an agreement with GE Capital One.
    • GE Capital Bank sold its store card business to Santander in 2009.
    • The copy of the "original terms and conditions" they have sent have the header Santander and it looks like a version they held as of 4/1/11.
    • They have not provided any notice of assignment from GE Capital to Santander, From Santander to Idem Capital Securities Limited or from Idem Capital Securities Limited to Arrow Global (who now say they act for NewDay Ltd). How do I know Arrow Global have any right to be enforcing this alleged debt?
    • No default notice has been served, or should I say no copy of a default notice has been sent to me by Arrow Global from any of these companies in support of their court claim.
    • The copies of statements they enclose have my current address on them (I have only lived at this property for 4 years - not during the period they are dated)


    The case is still stayed at court. Do you think I should reply to Arrow Global / Restons' raising these points or just ignore them until I hear something else form the court?
    Attached Files Attached Files
    Last edited by Donel361; 15th November 2017 at 16:07:PM.

  17. #17
    warwick65's Avatar

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    Default Re: Restons Solicitors / Arrow Global

    Have you pleaded any assignment issues on your defence. Maybe @Diana M could advise

    I would not personally tell them what's wrong, gives them more time to remedy
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  18. #18
    Diana M's Avatar

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    Default Re: Restons Solicitors / Arrow Global

    Quote Originally Posted by warwick65 View Post
    before you even think about applying for a strike out, have a word with your solicitor or representative. I am sure they would offer some advice although solicitors rarely say yes or no.
    Actually we (Joanna Connolly Solicitors) do advise our clients (and potential clients seeking our free initial legal advice) of their likely chances of success.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  19. #19
    warwick65's Avatar

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    Default Re: Restons Solicitors / Arrow Global

    Ok I should have rephrased it- rarely give guarantees - which is completely understandable as who can?
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  20. #20
    Donel361's Avatar

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    Default Re: Restons Solicitors / Arrow Global

    Here is the defence I submitted.
    Attached Files Attached Files

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