Just had my day in court - plaintiff instructed someone to attend at last minute. He met me before the case and advised that it would not get struck out as it takes 6-8weeks to get the information i requested, from the client. But he admitted he didnt even have the particulars of claim and the client was not answering his calls. The judge was really nice, said he had read my letters and pointed out that there were various errors on the particulars of claim. Asked why the plaintiff had ignored my letters and rudely not responded once. The representative said that it took a long time to get the docs, the judge pointed out that they had more than 3 months already, that he found it impossible to feel sympathy for the plaintiff and then asked me if I would like costs as he was striking it out. I got the cost of my order and postage etc. Thanks so much to the CAG users who helped me on this. It wasnt a scary experience at all, its just a small room with the three of us present. I didnt feel bullied for not having legal representation or anything like that.

Hi Folks - wondering if I could get any advice on how to prepare for court in late January. From looking at other threads, I assume I will need a skeleton argument to pass to the judge ahead of the hearing, does this have to fit a certain format of could it just be a description of my side of things. If that is the case, would I just list that... I received the claim form on x date, requested docs under cpr31.14 by recorded delivery and received no response, Sent an urgent reminder by recorded delivery and received no response, Is this enough to get my order? ALSO - and Im unsure whether I should have brought this up first.... I received my SAR info back and the debt was not acknowledged for just over 6 years, making it statute barred. Any advice would be greatly appreciated as I dont want to mess this up. Thanks in anticipation, AngryApe

Hello again - sorry for the delay in getting back but I thought it was better to wait until I actually had some details from the court. My application for an order to produce documents or strike out has been given a hearing date end of next month. I am pretty sure that it is statute barred and wonder, should I send the statute barred letter to the claimant now, or send it to the court, or show my SAR evidence at the hearing, or none of the above? I have a feeling that they probably wouldnt turn up seeing as they havent responded to me CPR requests at all. They will be receiving a letter notifying them of the hearing today. Many thanks, AngryApe

Hi Elsa, thank you for your reply - I have just been through the SAR again - couldnt find a default notice or any terms & conditions. It appears that after my last payment (employer wages) in Aug 2005, the only activity going into my account was when direct debits were taken back by the bank and when the bank closed a related savings account, it transferred the funds (pennies) into the current account. Do you think I should just wait for my N244 to come through and see if this time they actually have any documents? They still haven't even acknowledged my CPR31.14 request which suggests to me that they dont have any documents and once the N244 will ask to drop the case as they did with my previous one. Should I sit tight or send Arrow a letter saying its statute barred? Many thanks AngryApe

Hello again folks! I received my SAR back brom HSBC today - it appears the last time money was paid into my account by my previous employer was the end of August 2005. However, there were some credits after this in Oct but they appear to be HSBC reversing direct debits and transferring money between my accounts themselves. I assume these movements do not count against the statute barred rule? Could anyone please advise on this, and what my next move should be? I assume I should write to the court and Arrow Global to inform them the debt is statute barred? Many thanks AngryApe

Hello again folks. Just an update - I received a letter from the court after filing my N244 saying they will move the matter to my local court. Until today I had not even received acknowledgement of my CPR request or CPR urgent reminder that I sent the plaintiff. Today I have received a "notice of change of solicitor" the covering letter says that the matter is now going to be dealt with by Arrow Globals specialist litigation team and to ensure any future correspondence is addressed correctly. The court doc says that they will be acting in person. I imagine this is all just a waste of time as they dont seem to have the docs and from my experience, the court will give them a time limit to show what I have requested in my CPR or will strike out - but does anyone have any experience with this happening before - are there any new tricks they will try through this method? Many thanks as always! AngryApe

Thanks SP500. I have just been through the same procedure with AG but with different solicitors for a loan related to the same account - they at least had the courtesy to acknowledge my letters and then once the N244 was sent, they sent me and the court a letter saying that as their client could not access the documents they would like the court to strike out. I am hoping that in this case, there are actually no documents either, the fact they are ignoring my letters is raising my suspicions that they are just hoping to get judgement by default. Ill get the forms for the N244 asap - thanks again SP500 AngryApe

Also, in answer to sp500s post (I thought I had replied from my phone but looks like it didnt work)... the same day as the claim form arrived I had a letter from shoosmiths offering to settle out of court. Many thanks, AngryApe.

Hi guys, just read the most recent post - I am unsure when the overdraft was called in but I believe the salary would have stopped being paid in during summer 2005. I have sent the SAR request, and a CPR request to shoosmiths followed by an CPR urgent reminder a week later (both recorded delivery) and have not even had a letter confirming receipt of my request. As its coming up to a week from the urgent reminder, do you think I should go to the court for an N244 request to produce the documents else strike out? Thank you in anticipation.... AngryApe

Thank you very much Elsa - I have done all that you suggested, and sent them all by recorded delivery. I shall let you know if they get back to me or if I have to send them a reminder. Many thanks, Angryape.

Hi folks, days after the court confirming that a recent claim by AG has been struck out as they could not produce documents, I receive a claim from AG via Shoosmiths for an overdraft. POC reads.... 1 Claimants claim is for the sum of ......... being monies due from the defendant in an overdraft whilst operating a bank account (sort code/account no) with HSBC bank p assigned to the claimant on 05/11/2010 and no of assignment provided to the defendant, pursuant to the law of property act 1925 2 Payment of the above some has been requested but at the date here of refused. 3 the claimant claims the sum of ..... 4 C has complied as far is necessary with the pre action conduct practice direction Number. Their last claim was for a huge amount of money and they could not produce and agreement, notice of assignment etc, I am also pretty sure that any debt relating to this would have been pre September 2005 as I was out of the country for a year from that date onwards so would not have been corresponding with anyone. I believe this may make it statute barred. I assume that I should respond to the claim online, and send a CPR 31 request to them to confirm that they actually have the paperwork mentioned in the POC and to see if this is stature barred? Any advice would be greatly appreciated - you guys were amazing last time! AngryApe

Hello again DonkeyB! I paid for an order to either disclose or strike out. The court ordered for them to disclose by the 15th or it would be struck out, they sent the letter quoted above saying that they could not comply as their client could not obtain the required documents. I shall see what the court says regarding costs when it writes to me. Regardless of whether i get the costs in the end, i think its good that newcomers to the forum can see from this instance that even for amounts as high as this (over £15,000) DCAs etc may not have the documents they state they are relying on to prove their case. Is there anything else you would advise me to do at this point? Many thanks again, AngryApe

Hi folks, just thought I would give you an update.... good news! The court gave an order for them to disclose within 14 days, the deadline was yesterday. I received a letter from their solicitor saying that the claimant could not obtain any documentation that would enable them to comply with the terms of the order. It requests that the court dismiss this matter with an order for no costs. So as some people have suggested, it appears they didn't have any of the evidence they were relying on in the particulars of claim. I would just like to say thank you to all of you that helped and advised me through this, I wouldn't have known where to start without you! Angryape

Hi Andy - thats great - many thanks! AngryApe

Hi folks, just rang up the court helpline to get the fax number to send the N244 and to pay over the phone. The lady on the phone is trying to convince me that I dont need to apply for any orders, just to file my defence and it may not even get to court. Could I have some advice please as Im quite keen to get it all sorted today - I have till 4pm Monday but dont fancy stewing over it all weekend. Many thanks, AngryApe.