Restons / Arrow Global Ltd / HFC Bank Ltd

[OneMoreRound]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

Hi
Well Di is far more knowledgeable than me but one way to get them to disclose is include them in your defence...

The defence has already been submitted, though. Can it be amended, after the act?

Another way of getting some info is a part 18 request but they are a little complicated and must be specific .
I am no expert so will leave that to others to advise

I don't know much about part 18 requests. Am I correct in thinking they are orders normally made by the court?

[percival]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

its a request you can make to the other party with regard to further information and/or clarification.

dave

[warwick65]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

HI
I don't think you have said what your defence was . As for amending it , I think you can but I think it costs money and as the debt is only £327 or something, I may question if it is cost effective.

As Percival says- a part 18 request is a request for further information and is used to find out specific facts, not general enquiries

[OneMoreRound]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

HI
I don't think you have said what your defence was . As for amending it , I think you can but I think it costs money and as the debt is only £327 or something, I may question if it is cost effective.

I summarised the defence in my opening post.

I am inclined to agree with you about the cost-effectiveness, though.

I will wait to see what appears from Restons. I think the way forward may be to focus on AG - they instruct Restons, after all. There is no debt, here - of that I am sure as can be. If they (AG) realise what a fight they have on their hands for such a small sum of money, they may decide to focus their resources elsewhere.

[warwick65]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

Hi
Did you send the CCA request to AG- I know you said you were going to but I can’t see you saying you actually did. Of course I often miss the bleeding obvious.

If you haven’t then it really is a priority.

Should you get to the stage of writing a WS , you would then expand on the nuts and bolts you used. In your defence . That would be the place to say things like
I have all records from the last 7 years and can not find the DN- the claimant is put to strict proof etc etc

[OneMoreRound]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

Hi
Did you send the CCA request to AG- I know you said you were going to but I can’t see you saying you actually did. Of course I often miss the bleeding obvious.

Hehe... in fairness, there's far too much for any of you to keep track of.

Yes, I did send the CCA request - and have received the usual "we're not the creditor" template, in response.

[warwick65]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

Hehe... in fairness, there's far too much for any of you to keep track of.

Yes, I did send the CCA request - and have received the usual "we're not the creditor" template, in response.

And we all know they are the creditor so if they can not comply thats more to add to the WS

[OneMoreRound]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

Good morning,

Yesterday brought an interesting and somewhat unexpected development, in the form of a letter from Restons.

It stated they are no longer instructed in this matter, and that all future correspondence should be with Arrow Global.

[OneMoreRound]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

And good afternoon!

Although I am pleased that the notoriously difficult Restons are no longer involved, the matter is ongoing. I have (today) received a letter from Arrow Global.

It begins with a number of header lines, including
ASSIGNED BY Idem Capital Securities LTD (then an account number)

In summary, it states:

1. The claim is now being dealt with by their specialist in-house litigation team
2. The claim is in relation to a HFC Bank Limited Loan, taken out on 13/05/2009
3. The last payment credited to the account was on 28/02/2013 (And therefore it is not statute barred)
4. Arrow Global Limited acquired the account on 30/11/2015
5. Notice of assignment was sent on or about 25/01/2016

Addressing some of the above points:

1. Interesting. Anyone care to speculate as to their reasons?
2. I took out no loans in 2009! Are they obligated to put the alleged loan amount?
3. Bearing in mind point 2, I highly doubt this. Are they obligated to prove this? I seem to recall being entitled to receive a statement of account. Is that so?
4. Would I be correct in presuming it was acquired from Idem Capital Securities Ltd, rather than HFC Bank Ltd?
5. There was no notice of assignment

They also mention the CCA request I sent them, stating that they are awaiting the documentation from the original creditor, and that the claim will remain stayed until they have provided it to me.

Does anyone have any advice on how best to respond?

Thanks in advance.

[Diana M]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

Does anyone have any advice on how best to respond?

Yes

That letter requires no response.

It's telling you that they haven't got the documentation they need to succeed with their claim and it's telling you that the claim will remain stayed until or unless they do.

(Assuming you've quoted their letter accurately.)

Di

[OneMoreRound]

Re: Restons / Arrow Global Ltd / HFC Bank Ltd

Yes

That letter requires no response.

It's telling you that they haven't got the documentation they need to succeed with their claim and it's telling you that the claim will remain stayed until or unless they do.

(Assuming you've quoted their letter accurately.)

Di

Thanks Di.

On the one hand, I'm so irritated about the whole thing that a stay doesn't feel like it's enough. I was seriously considering writing to AG, asking them to discontinue the claim and saying I'd apply for it to be struck out if they did not.

On the other hand, I'd really like to get to the bottom of it all. In spite of some of the allegations you see made about various DCAs, I seriously doubt AG have simply fabricated this. They've got hold of something - and I want to know what.

Perhaps I should just leave it alone for now.