Hi folks, I wonder if you could help me with this. I received the Northampton county court claim form yesterday. Its Arrow Global using Drydens as solicitors. I havent had any communication with them at all and think that my last payment on this loan was at longest - July 2005 but definitely not any later than September 2005. So it looks like very soon it may be statute barred.

Could you help me with what to do next - I assume I reply to the court asking for the full 28days and then request the info from the claimant, hoping that they either have none, or it drags out past the statute.

Should I ask that its transferred to my local county court?

Could somebody take me through it step by step and point me towards the appropriate templates please?

Many thanks,

AngryApe

Forget SB for now - you can't 'drag it out' once a claim is issued. But they may have issued simply to avoid SB kicking in (which is naughty if they have no docs to back the claim).

Your route is a CPR request. Please post the particulars of claim.

Thank you DonkeyB. The particulars read... The claimants claim is for the sum ____________ being monies due from the defendant to the claimant under a regulated agreement between the defendant and FV-1 inc

(No ______________________) and assigned t the claimant on ____________, notice of which 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 of __________________

I left any amounts out in case of DCAs reading the forum.

Who are FV1, roughly when was it assigned, do you have the agreement, was a DN sent, and were you sent a notice of assignment? Did you get a letter before action?

Look here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?75413-FV1-Inc-Debt-Collection-Who-are-they

Im not sure who FV1 are - I imagine they are a DCA who bought a debt off a bank i used to use. I have been moving about a bit so wouldnt have all the information. I have had various letters from various companys saying I owe different amounts but have ignored everything up till now. I have only taken notice as its a court claim. Would a default notice be from the court or a DCA?

It was assigned last November according to the POC - I dont have copies of anything to do with it im afraid.

I have responded to the court online - would I request a CPR 31.14 from the claimants solicitors now? I assume recorded delivery is best for this?

Yup.

Should shake them up a bit.

Have a read through these threads first so you understanding what you are doing and why.

http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED(1-Viewing)-nbsp

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

Thank you so much for your help today DonkeyB, I have read the links you posted and feel a bit more informed. I have acknowledged the court online and have amended and will be posting by recorded delivery, the CPR request in a moment. In their POC they refer to a regulated agreement between myself and FV-1, as they are a DCA surely no agreement would exist between us if I have had no contact with them ever?

Many thanks,

AngryApe.

Spot on. The agreement would have been with a bank, if it in fact existed. Do you know what the supposed original debt was for? Credit card? Loan? They say regulated, so it would probably not be a bank account.

The PoC is all you can respond to – if there was no agreement with FV-1, then that is a defence. But a long way to go yet.

Thanks DonkeyB, I think it was for a loan with the bank - I am assuming that as the debt has changed hands more than once, there is a greater chance that the original agreement may have been misplaced.

As I have now responded to the court and sent the CPR request, does that mean I should forget about it almost being stature barred?

Many thanks,

AngryApe

Yeah, forget SB, unless you can find out that the last payment was earlier than you thought.

Think I may SAR the OC - maybe good to have a plan B. Its possible my last payment was June or July 2005.

Hello again folks - could I use your knowledge again? I sent the CPR 31.14 request by recorded delivery Friday before last and have not received any post from the claimant since. Could I ask what my next move will be regarding 1. The claimant, 2. the court?

Thanks in anticipation,

AngryApe.

1. Re claimant. Send an urgent reminder by recorded post, stating that failure to comply with your valid CPR request will leave you no alternative but to ask the court to strike out the claim (unlikely, but make the threat anyway). Did you ask specifically for the NoA and the enforceable credit agreement in your CPR request?

2. If you acknowledged on line, you have a further 14 days to enter a defence. What date do you have to have your defence in by?

Did you ever receive an NoA from them in the first place? Did you receive a letter before action?

Thanks for your reply DonkeyB, what is an NoA? I used the template form used a lot on this forum - what I asked in the letter was...

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the documents mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 the assignment

3 the default notice

4 the termination notice

5 any other documents you intend to rely on in court

Is there anything else I should have asked for?

I acknowledged 10th June 2011 on the online system.

I had received many letters threatening court action but was advised on the DCA forum on here to ignore them.

NoA = notice of assignment, as mentioned in your CPR request and their claim!

It’s important that you understand what you’re asking for. That’s why I posted the links to the explanatory threads.

Simply repeating templates without adapting them to your personal situation is dangerous, but you have been lucky in this instance.

Send the reminder, recorded, enclosing a copy of the original letter. Demand a response by return, or a statement to the effect that they do not have the documents in their possession.

Sorry DonkeyB I did read your links but couldnt remember all of the terminology a week later. I shall put the letter together as you suggested and send it today via recorded delivery.

Many thanks for your time,

AngryApe

No problem. We can only advise from experience and learning – what you eventually do is your choice alone!

Hi again. It is now the 23rd and I still have not received any post from the claimant after sending an urgent reminder and the original CPR 31.14 by recorded delivery. Could you please advise what my next move would be? Should I contact the court and inform them they have failed to pass details of the POC or do I launch my defence stating they have failed to contact me?

Many thanks,

AngryApe

There’s nothing much else you can do except enter a defence based on having little or no understanding of the claim as it is so vague, with a request that the claim be struck out due to non-compliance with CPR. Alternatively, you can spend £40/£75 to apply to have the case struck out because the PoC is utter bow-larks.

When does your defence have to be in by? What was the date on the claim form? Add 32 days to the issue date.

See my thread. http://www.consumeractiongroup.co.uk/forum/showthread.php?308720-jon888999-vs-AK

I've applied for an order for disclosure then strikeout if not complied with.

My defence had to be in today, so I posted by special delivery on monday.

Take Care

Jon

Thanks again DonkeyB for your continued help.

Issue date: 06/06/11

So I believe the last possible date for defence is 4pm 11/07/11 (according the the court helpdesk line).

Is there any special way of wording my defence - court "prose" or anything?

Many thanks,

AngryApe

Let’s wait a little while to see if there is any response to CPR. Jon’s advice is spot on, but you could ask for a similar order at the AQ stage without any cost – however, the judge may not grant your order, and that’s a bit of a lottery.

Why not phone Drydens and ask where the CPR is? Record the call if you can, but do not enter into any conversation about the alleged debt or the case itself. Any such contact can be difficult to make, but it should not frighten you, and you are showing to the court you are trying to resolve the issue.