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Arrow Global Limited ( Restons Solicitors Limited ) v buffy300577 - Issued 2 May 2017

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  • Arrow Global Limited ( Restons Solicitors Limited ) v buffy300577 - Issued 2 May 2017

    Your AAD Forum Username

    buffy300577

    Name of Claimant

    Arrow Global Limited

    Name of Claimant's Solicitors

    Restons Solicitors Limited

    Claim Issue Date

    2 May 2017

    Who Signed the Claim Form?

    The Solicitor Firm (i.e. Joe Blogs Solicitor)

    How much is being Claimed?

    Under 10,000

    Have you Submitted the AoS Response?

    No

    If Yes, when was the AoS Submitted

    -

    Details of Claim

    The claim is for an HSBC overdraft of around 3700.

    I checked with HSBC and my current account was closed back in 2009. I had a loan with them which when i made reduced payments (was with Payplan) they passed the loan to Moorcroft and put a default on my credit file. In 2012 i send Moorcroft a CCA request and i have their response. I send them a "missing terms and conditions" letter and never heard back from them. In 2013 they sold the debt to Arrow Global. The letters i have from Moorcroft reference the loan account, i'm assuming when they sold the debt they consolidated my loan and current account (which could have been overdrawn by less than 100 probably a missed loan payment even though i don't remember being overdrawn or any letters about an overdraft) or they paid off the loan from my current account making that overdrawn and hence changing the debt to a overdraft instead of a loan. When Restons solicitors send me a letter threatening legal action I told them i don't acknowledge the overdraft debt and asked for proof (that template asking for Notice, Statements etc). I also send an current account CCA to Arrow Global. Both these letter were send about 10 days ago.

  • #2
    Re: Arrow Global Limited ( Restons Solicitors Limited ) v buffy300577 - Issued 2 May 2017

    Is the background of this debt on another of your threads? I've taken a peek at your diary but I'm not sure if it's there.

    I see from what you say this may be a claim for a HSBC loan and current account overdraft which were amalgamated. This may cause them some difficulty.

    Send/email the claim form (just N1 which is the front page) to Niddy and we'll take it from there.

    Di
    I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

    I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important


    Comment


    • #3
      Re: Arrow Global Limited ( Restons Solicitors Limited ) v buffy300577 - Issued 2 May 2017

      http://forums.all-about-debt.co.uk/s...-Buffy-s-diary

      I just read through my diary and I have to be honest I did not remember things. It has been 5 year since then

      I mentioned that when HSBC sold the debt to Metropolitan they combined the loan and overdraft. I have no recollection of any overdraft, it must have been a very small amount probably a missed loan payment. Metropolitan send me CCA reply for the loan and apparently just some statements from my current account. I will need to check when i get home if i kept these statements.


      I will send Niddy the court claim form, is it still agreements@all-about-debt.co.uk please?

      Is it worth sending a SAR to someone, HSBC, Metropolitan, Arrow Global?

      Comment


      • #4
        Re: Arrow Global Limited ( Restons Solicitors Limited ) v buffy300577 - Issued 2 May 2017

        Originally posted by buffy300577 View Post
        I will send Niddy the court claim form, is it still agreements@all-about-debt.co.uk please?

        Is it worth sending a SAR to someone, HSBC, Metropolitan, Arrow Global?
        Send the N1 claim form to Niddy using webmaster@all-about-debt.co.uk

        Yes it's a good idea to send a SAR to HSBC as soon as possible. There's a template for that here >

        http://forums.all-about-debt.co.uk/s...l=1#post495040

        Di
        I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

        I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important


        Comment


        • #5
          Re: Arrow Global Limited ( Restons Solicitors Limited ) v buffy300577 - Issued 2 May 2017

          Originally posted by buffy300577 View Post
          when HSBC sold the debt to Metropolitan they combined the loan and overdraft. I have no recollection of any overdraft, it must have been a very small amount probably a missed loan payment. Metropolitan send me CCA reply for the loan and apparently just some statements from my current account.
          I've had a brief look at your Diary thread and can see that you also had a HSBC credit card.

          Just because the Particulars of Claim say it's for an overdraft that doesn't mean it's true.

          Perhaps they're hoping you'll believe that so won't think to argue s.77 - 79 CCA.

          How much was the balance on your loan when you last looked and how much was the balance on your credit card? See if that gives you any clues.

          Originally posted by buffy300577 View Post
          The Metropolitan CCA response has a different account number on, it is the one i had for the loan. At some point the current account and loan were amalgamated. If i send a SAR request to HSBC do they send me everything they have on file for me or just anything that relates to this overdraft? I had a loan and a mastercard with them which i stopped paying 3 years ago. The mastercard was from 1999 and was unenforceable so they stopped bothering me.
          Di
          I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

          I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important


          Comment


          • #6
            Re: Arrow Global Limited ( Restons Solicitors Limited ) v buffy300577 - Issued 2 May 2017

            I've found a post on your diary which says the credit agreement sent in response to your CCA Request on the loan account was deemed enforceable by Niddy in 2012 >


            Originally posted by buffy300577 View Post
            HSBC - Was with Metropolitan, now with Arrow Global
            Current balance 3755 (loan)
            Account Opened: 26 August 2006
            Last full payment: June 2008
            Default Date: 17 April 2009
            DMP with Payplan cancelled January 2014 - Not paying anything at the mo

            6/6/12 Send CCA letter

            20/6/12 Received letter, only referring to the overdraft, Section 78 does not apply to current accounts.
            25/06/12 Letter from Metropolitan. When they have the docs they will send them to me.
            17/7/12 Send CCA Reminder - Unenforceability Threat
            CCA back, awaiting Niddy's judgement
            04/08/12 Niddy says it could be but blag it for the time. Sending CCA Query - Missing Prescribed Terms on Monday
            02/01/14 Have send them a F+F for 15%, also this account does not appear in Noddle or Experian reports
            24/07/14 I've had no contact from Metropolitan
            02/03/15 Nothing heard from them still. 2 months left before it drops from my credit file
            24/11/15 This has now fallen off my credit file and i haven't heard anything from them in 2 years. Lets hope they stay away
            24/04/2017 I started getting letters from Reston Solicitor threatening legal action now. It seems that this loan has now somehow been converted to an overdraft from HSBC

            However I can't see when it was assigned to Arrow.

            Normally if you have an unenforceable credit agreement you wouldn't send another CCA Request. Conversely if you have an enforceable agreement as a result of a CCA Request to the original creditor (HSBC in 2012) then it can make sense to send a new one to the debt purchaser (Arrow) in case they don't have access to the same documents which you were sent seven years ago.

            Don't do anything yet until everything has been analysed but I suggest you re-send the credit agreement you received in 2012 to Niddy so it can be examined again before you take the next step.

            Di
            I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

            I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important


            Comment


            • #7
              Re: Arrow Global Limited ( Restons Solicitors Limited ) v buffy300577 - Issued 2 May 2017

              The balance of the credit card was 4178, the CCA reply from Metropolitan was pathetic and it was UE

              The balance of the loan was 3754.59 (on the 09/07/2012), this never appeared in any credit files so I'm not 100% on the final balance. I was making 1 payments till jan 2014. Arrow Global are claiming the overdraft is for 3720.96.
              It seems that I didn't keep the letter that Metropolitan send me about the overdraft, I will SAR HSBC on Monday. I have just send Niddy the N1 form also.
              Thanks

              Comment


              • #8
                Re: Arrow Global Limited ( Restons Solicitors Limited ) v buffy300577 - Issued 2 May 2017

                Thanks - have replied to email. Good luck
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment


                • #9
                  Re: Arrow Global Limited ( Restons Solicitors Limited ) v buffy300577 - Issued 2 May 2017

                  Originally posted by PlanB View Post
                  I've found a post on your diary which says the credit agreement sent in response to your CCA Request on the loan account was deemed enforceable by Niddy in 2012 >




                  However I can't see when it was assigned to Arrow.

                  Normally if you have an unenforceable credit agreement you wouldn't send another CCA Request. Conversely if you have an enforceable agreement as a result of a CCA Request to the original creditor (HSBC in 2012) then it can make sense to send a new one to the debt purchaser (Arrow) in case they don't have access to the same documents which you were sent seven years ago.

                  Don't do anything yet until everything has been analysed but I suggest you re-send the credit agreement you received in 2012 to Niddy so it can be examined again before you take the next step.

                  Di
                  Metropolitan passed the debt to Arrow Global in 2013. I will scan the CCA from Metropolitan at work on Monday and send to Niddy.

                  Comment


                  • #10
                    Re: Arrow Global Limited ( Restons Solicitors Limited ) v buffy300577 - Issued 2 May 2017

                    Originally posted by buffy300577 View Post
                    Arrow Global are claiming the overdraft is for 3720.96.
                    It seems that I didn't keep the letter that Metropolitan send me about the overdraft, I will SAR HSBC on Monday. I have just send Niddy the N1 form
                    I've emailed you

                    Di
                    I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

                    I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important


                    Comment


                    • #11
                      Re: Arrow Global Limited ( Restons Solicitors Limited ) v buffy300577 - Issued 2 May 2017

                      Originally posted by buffy300577 View Post
                      Metropolitan passed the debt to Arrow Global in 2013. I will scan the CCA from Metropolitan at work on Monday and send to Niddy.
                      All the paperwork has arrived safely

                      We've spoken and Jo will contact you shortly about the next step.

                      Di
                      Legal Disclaimer

                      I am a Litigation Executive at
                      Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum 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

                      Comment


                      • #12
                        Re: Arrow Global Limited ( Restons Solicitors Limited ) v buffy300577 - Issued 2 May 2017

                        Hi all, i need to complete the defence claim before Sunday, preferably by Friday. Do i need to explain the whole situation or just something like "I do not acknowledge the debt and i have send letters to Restons asking for proof of the debt but they haven't complied?

                        Comment


                        • #13
                          Re: Arrow Global Limited ( Restons Solicitors Limited ) v buffy300577 - Issued 2 May 2017

                          Is this just to say that you are going to be defending the claim or the actual defence itself?

                          If it's the actual defence I would PM/email Di.
                          Let your smile change the world but don't let the world change your smile


                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment


                          • #14
                            Re: Arrow Global Limited ( Restons Solicitors Limited ) v buffy300577 - Issued 2 May 2017

                            This is the option online on the claim form. You have 28 days to send the defence claim. Never done this before but I'm assuming I would have to appear in some form of court for the actual defense?

                            Comment


                            • #15
                              Re: Arrow Global Limited ( Restons Solicitors Limited ) v buffy300577 - Issued 2 May 2017

                              As Pixie posted, contact Jo/Di
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment

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