Arrow Global v Scirrocco

Received a claim? Yes

Issue Date: 02-10-2014

Amount approx: £4,800

Claimant: Arrow Global Ltd

Solicitor: Drydensfairfax

Original Credit: Sainsbury’s Bank plc

Acknowledge of Service: 20/10/2014



The particulars of claim are as follows:


1. The claim is for the sum of £4,6**.** in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsbury’s Bank plcunder account number xxxxx upon which the defendant failed to maintain payments.



2. A default notice was served upon the defendant and has not been complied with.



3. By virtue of the sale agreement between Sainsbury's Bank plc and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.



The claim pack is dated 02/10/2014 and the notes state that the day of service is 5 days after the date shown with a further 14 days to respond so by my reckoning the court must be contacted by the 21/10/2014.



The claim pack is the only document received and there is no other information or schedules enclosed.



Briefly I had a loan and credit card with Sainsbury's Bank taken out in May2005 and had some personal and financial problems so fell into arrears although I managed to pay off the credit card. I dealt with Blair, Oliver and Scott the RBS in house recoveries department making payments until Aug 2010. In July 2010 I received a letter from Apex Credit Managers and until Sep 2014 approx. 25 letters from ten other debt collection companies until a letter from Drysdenfairfax in Sep 2014 threatening court action. Over the last five years I have managed to pay all of my commitments and have taken out and repaid a number of loans and credit cards with 100% repayments and so am very fearful of having a CCJ recorded.



Sainsbury’s Bank assigned the debt to Arrow Global in Aug 2011 and it was described as reference: credit card when in fact it was the arrears balance of a personal loan.



I have had no verbal or written contact with any of the debt collection companies over this time and do not remember receiving the default notice as stated in 2. in the particulars of claim.



They have stated my first name, surname and address correctly but my middle initial is incorrect on the claim form but this may just be a typing error.



I acknowledged the claim online on the 20/10/2014 and ticked defend in full and estimate that my defence should be submitted by the 04/11/2014.



I issued a CPR request to Drydensfairfax solicitors on the 21/10/2014 and they replied on the 22/10/2014 saying that they had noted the contents of my letter and have contacted their client for their further instructions and confirm in the meantime the matter has been placed on hold. They stated that they will place the matter on hold for a period of 14 days from the date of our letter enclosing the relevant documents to you, in order to provide you sufficient time to respond.



I issued a CCA request to the Claimant (Arrow Global) on the 21/10/2014. They replied on the 24/10/2014 acknowledging my request for documentation pursuant to the Consumer Credit Act 1974. They said that they do not accept that we are the originating creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course. They returned my £1 postal order.



Even though they are saying the matter is on hold I presume I still need to file my defence at the Court and state that I am waiting on documentation from the Claimant via the original creditor who has agreed to place the matter on hold. Do I also send in copies of the letters they have sent to me?

Thanks for your help

Arrow Global v Scirrocco