Hello.

[Pachi]

I have received a claim form today from County Court Business Centre for an old debt that I have had nothing to do with for over 8 years now!!!

my husband and I are aware that this is statute barred but that I need to reply to the court notice via MCOL and that we intend to defend this claim. At no time in the last 8 years have I admitted to this debt.

We are literally about to move home in the next 3 weeks, claim form has been posted none recorded delivery so they have no way of knowing that I received it, so my question is can I ignore this?

[Kati]

Re: Hello.

Hi [MENTION=100192]Pachi[/MENTION] and welcome to LB

I don't think that this is something you can ignore ... you'll likely get a ccj against you by default if you do not defend. Your best bet is to put in Acknowledgement of service via Mcol with an intent to defend in full and go through the next steps on this thread - http://legalbeagles.info/forums/show...it-Court-Claim

I'll tag [MENTION=55034]nemesis45[/MENTION] for you too xx

[ostell]

Re: Hello.

And send details of your new address, if you have it, to both the court and the claimant's solicitor. Get free proof of posting from a post office

[Diana M]

Re: Hello.

I have received a claim form today from County Court Business Centre for an old debt that I have had nothing to do with for over 8 years now!!!

my husband and I are aware that this is statute barred but that I need to reply to the court notice via MCOL and that we intend to defend this claim. At no time in the last 8 years have I admitted to this debt.

We are literally about to move home in the next 3 weeks, claim form has been posted none recorded delivery so they have no way of knowing that I received it, so my question is can I ignore this?

Definitely don't ignore this county court claim.

NCCBC (MCOL) don't send out claims by Recorded Delivery because they know that people would refuse to sign for them. Once the letter has been posted it is 'deemed served' on you.

You have 19 days from the claim Issue Date to file your Acknowledgement of Service online.

You will then have 33 days from the claim Issue Date to file your Defence.

Since you will be moving house in the next three weeks it may make sense to inform the court of your change of address so nothing important gets lost in transit.

I would also set up Royal Mail Re-Direct to be safe.

Meanwhile who is the Claimant, what are they claiming (how much) and what makes them think they have the right to claim it?

The best way to answer my question is to post up (type out) the Particulars of Claim which you'll find on the left hand side of the first page (N1).

Di

[nemesis45]

Re: Hello.

Hi Pachi,
Have you had any previous correspondence from the claimant or their solicitors about the alleged debt?

Who is the claimant and which solicitors are they using?

nem

[Pachi]

Re: Hello.

Hello,

thank you you all so much for such a fast response. Particulars of claim:

1) The defendants claim is for the sum of £7610.47 being monies due from the defendant to the claimant as a consequence of the defendant incurring an overdraft whilst operating a bank account with HSBC Bank plc.
The debt was assigned to the claimant on 28/03/2014 and notice of assignment provided to the defendant, pursuant to the Law of property Act 1925.
2) Payment of the above sum has been requested, but as at the date hereof refused.
3) The claimant claims the sum of £7610.47
4) C has complied, as far as is necessary, with the pre-action conduct practice direction.

Claimant: Arrow Global Ltd, solicitor: Shoosmiths LLP

We did receive a threatening letter some weeks ago advising me that if I did not make contact asap regarding this outstanding debt that they would take me to court. As I knew that the debt was so old and outside of statute I ignored it plus didn't know who Arrow Global are.

Have not made any contact with anybody regarding this debt for over 8 yrs now. I'm guessing they picked my address up from the electoral roll log on my credit file.

Will respond to the claim form this afternoon via MCOL with intent to defend in full.

[Pachi]

Re: Hello.

Oh, just remembered but I have never had an overdraft for this amount!!! Once had an HSBC loan that did default, again more than 8yrs ago, but never an overdraft.

[Diana M]

Re: Hello.

Oh, just remembered but I have never had an overdraft for this amount!!! Once had an HSBC loan that did default, again more than 8yrs ago, but never an overdraft.

Why am I not surprised

My firm is dealing with a few of these ex-HSBC loans where the Claimant states in the POC that the account was an overdraft when it wasn't.

So my suggestion is for you to send a s.77-79 CCA Request to the Claimant (Arrow) with a copy to their solicitors (Shoosmiths) asap.

This forum has a CCA Request Template here > http://legalbeagles.info/forums/show...=7670#post7670

Send each and everything by Royal Mail Recorded Delivery.

Di

[Pachi]

Re: Hello.

Hello again,

Firstly, thank you so kindly to all those that replied to me initially.
Its been a while, longer than I intended, and it's gone horribly wrong. Moving into our first home was traumatic to say the least and in doing so we missed the dead line to respond to the claimant Arrow Global. We did respond to the court in time, just didn't send the 77-79 CCA request to Arrow Global within the 28 days... we sent it on 15th May by recorded delivery and a copy o Shoosmiths solicitors. Today(20/05), I received a judgement from the court!!! It says I made no defence, but I have. I checked through all the documentation and then realised that we have requested the CCA after the deadlind...! However, we have sent a request as stated above and the solicitors accepted the recorded delivery of the request on the morning of the 16th May, the judgement was made on the 16th May! Further more we checked for the proof of delivery of the request to Arrow Global and they refused delivery on 16/05!!! What do we do now???

[MIKE770]

Re: Hello.

[MENTION=87380]Diana M[/MENTION]

[Diana M]

Re: Hello.

we missed the dead line to respond to the claimant Arrow Global. We did respond to the court in time, just didn't send the 77-79 CCA request to Arrow Global within the 28 days... we sent it on 15th May by recorded delivery and a copy o Shoosmiths solicitors. Today(20/05), I received a judgement from the court!!! It says I made no defence, but I have. I checked through all the documentation and then realised that we have requested the CCA after the deadlind...! However, we have sent a request as stated above and the solicitors accepted the recorded delivery of the request on the morning of the 16th May, the judgement was made on the 16th May! Further more we checked for the proof of delivery of the request to Arrow Global and they refused delivery on 16/05!!! What do we do now???

Can you clarify exactly what has happened.

It appears that you may (may not) have thought sending a CCA Request to Arrow was the same thing as filing a Defence at court which is why you now have a Default Judgment (CCJ).

So what date did you file your Acknowledgement of Service?

What makes you think you filed a Defence at court and if you did what date did you do that (was it the LB forum's template Defence?) ?

Finally did you give the court your change of address and did you give the Claimant and their solicitors your change of address?

Di

[Diana M]

Re: Hello.

just remembered but I have never had an overdraft for this amount!!! Once had an HSBC loan that did default, again more than 8yrs ago, but never an overdraft.

If this was a loan (not an overdraft as stated in the POC) then your CCA Request was very relevant.

When you filed your Defence (if you did) was it the LB forum template Defence and did you add that the debt is/was Statute Barred?

Did you also send the CPR 31.14 Request to Shoosmiths as suggested in post # 2 by @Kati?

What was the claim Issue Date to check when the Defence deadline wold have been? I can't see that anywhere on your thread.

Have they added interest to the judgment since the claim appears to have been for £7.6k?

Di

[Pachi]

Re: Hello.

Good morning,

yes, as per link you sent, there were 2 versions of the CCA request for an individual and I chose to send the extended version that includes the fact that this is satured barred.

I foolowed the link that you provided me. I sent a letter to ShoosSmith informing them that we sent a request to Arrow.

The claim issue date was 6/4/17

No interest added, just the court fee.

I am am concerned as to how to proceed now. I will need to call the Court tomorrow to let them know that I did responde but outside time frail.

[Diana M]

Re: Hello.

yes, as per link you sent, there were 2 versions of the CCA request for an individual and I chose to send the extended version that includes the fact that this is satured barred.

I foolowed the link that you provided me. I sent a letter to ShoosSmith informing them that we sent a request to Arrow.

Can you clarify exactly what you did because at first sight it appears you sent a CCA Request to the Claimant (Arrow) and a CPR 31.14 Request to the solicitors (Shoosmiths).

But on reading your latest post I ask is it possible that you prepared a Defence based on the LB Template (since the LB CCA Request and the LB CPR 31.14 Request make no reference to Statute Barred) which you served on the solicitors (Shoosmiths) by post but didn't file it at court which enabled them (Shoosmiths) to enter a Default Judgment on the same day as they received it from you?

Can you post up (with anything which could identify you removed) the contents of the "letter" you sent to Shoosmiths.

Also confirm whether you sent anything to the court?

Di

[Pachi]

Re: Hello.

Hi Diana

This is the CCA that we sent to Arrow and Shoosmiths.

In our haste we forgot to add the statute barred... this is so stressful on top of moving home that I fear we have messed it up!!!

I intend to phone the court tomorrow and ask for the judgement to be put aside as we do have a good defence in that it is statute barred, we have sent a CCA - albeit possibly not quite the correct version, and we did intend to make this defence in good time but moving home got on top of us and we missed the deadline to send the request in time. I understand from the on line site Money Claim that we can phone the court and ask for the judgement to be put aside. The court may accept if they feel that I have a good ground of defence against the claim, which I feel I have!

We responded to the initial paperwork on line via Money Claim and according to the instructions given we send any defence against the claim to the claimant and claimant solicitor but not to the court. We understood from the web service that Arrow would proceed with the claim if they did not hear anything. Think we may have got ourselves confused over this whole process.

Please find below a low a copy of the request we sent to both Arrow and Shoosmiths.



14th May, 2017



Arrow Global Ltd

20-22 Bedford Row

London

WC1R 4JS





Dear Sir/Madam


Re:- your ref no: 

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,





Many many thanks for your help Diana.

Marie.