county claim formfrom arrow global

dazza280266

hi all,

Hope someone can help, i have just recieved a county court claim form from northampton bulk with the claimant being Arrow Global via Blake Laphorn ( whos name ive not come across on forums ive read).

It actually was forwarded from my previous address to my new address ( 3 years since), therefore i have had no warning letters at my new address previously. particulars of the claim are as follows.

the claimants claim is for the sum of £6118.75 being monies due from the defendant to the claimant under a regulated agreement between the defendant and HBOS and assigned to the claimant. Notice of the assignement has been provided to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974 and the claimant claims the sum 6118.75 together with the costs of this claim.

the total amaont being claimed including costs is 6408.75.

Now. i cant recal the above debt, but if it does exist it would be from about 5 and a half years ago. also i have never acknowledged the debt with arrow nor, as i said, had any warning letters previous to the court form here at my new address.

I do intend to defend it. my questions are

1. should i ask for proof of the debt from arrow/solicitor

2. if they send proof back to me of the original account with HBOS should i then send my defense back to court saying that as arrow have bought my debt (effectively paying my debt off) and i have no signed agreement with arrow. they have no right to ask me to pay them.

3. if the above points go against me, would i still be able to fill in the expenditure form and ask for time to pay.

I know this is a long question, but i would really appreciate any help with this

Thanks a lot
Daz

terryw

Your priority is to file a defence to avoid judgement being entered by default.

If and when a judgement is obtained against you, you can still make an application to the court for payment by instalments.

It looks as though they have not been aware of your new address, and previous communications have beeb sent to the last address that they hold.

Be aware of potential court and sols fees if you do defend.

dazza280266

thanks for that.. do yo think i have any defense on the grounds of them buying the debt. if they send proof of origin

thanks again

terryw

The assigning of debts is very common and I personally doubt is this is a valid defence, but then I am not a lawyer. If you have some reason for thinking this, it would be worth your while paying for professional advice because of the amount involved.

fermi

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

and

http://www.legalbeagles.info/forums/forumdisplay.php?105-Is-your-creditor-suing-you

Would be appropriate places to ask for help. They specialise more in defending court claims etc.

Lensman_2

What Fermi said.

In the meantime it is critical that you submit the acknowledgement in time or they get "judgment by default" - i.e. you lose.