Jump to content


Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited


1 Neutral

1 Follower

  1. Hi Fletch70, Sorry, I've been a bit vague. I havn't started a new thread, as it is for another credit card, this time a vanquis. I have followed the same advice as the C1 case. I did mention it briefly in a few previos posts, as they suddenly contacted me after no contact for 4 years, while the C1 cse was progressing. It is about 5 years old, so no SB applies, but, as can be seen from my previous post, they obviously do not have the correct documenation to satisfy the CPR request. I was just wondering how to proceed?
  2. Hi All. Once again, thanks for all your help with these cases. First of all, I have (almost) won with the capital one case. I have had aletter from the court, informing me that they (C1) have not supplied the required information to the court. They also did not complete the DQ in the required time frame. The court gave them 28 days to supply the correct information to both me and the court, and if not, the case will be stayed. That expired on the 28th August, and I have heard nothing yet, so fingers crossed! As for Cabot, they really must think I am stupid. In response to my CPR request, they have sent me a photocopied copy of my 'agreement', which, unbelievably, is simply a blank agreement with my name and address typed into it! No signauture, or any other details are on the form! it is ENTIRLEY BLANK! and they actually had the nerve to write to me saying that as they had complied with my CPR request, they now have the necassary documentation to obtain a CCJ! well, bring it on I say!!!! My question is, however, how do I now respond? Do i just ignore it, or should I reply with a letter informing them that they have not fulfilled the CPR request? All answers gratefully recieved! Thanks
  3. Hi all. Just a quick update. I have sent in my DQ to the court office, also sent a copy to Arrow, along with a letter reminding them that I have still not received CPR documents as requested. If these docs do not come, what is my next move? Also, now received another court claim form Cabot, acting for Vanquis. I defaulted on this card around about the same time, although the amount is smaller (about £530 including court fees) The funny thing is, I hadn't heard anything from vanquis for about 4 years, that is until this all started with Capital One. Coincidence? or is it possible they monitor the Northampton court claims?
  4. Nope! However, have now had a letter from the court: A 'Notice of Proposed Allocation to the Small Claims Track' This notice informs me that I have to complete the small claims directions questionnaire, and file it with the court office before 7th July. But, It also says ' this is now a defended claim. A copy of the defence has already been sent to you by the defendant' This is confusing! I am the defendant! so, is this a copy of the notice sent to the claimant, and do I therefore need to fill in the Small Claims Directions Questionnaire? Help again!!!!!!
  5. So, I received in the post a letter from Arrow Global. It says the following: " We are the claimant in this matter. We refer to the above and your defence dated 17/04/2014, the contents of which are noted. We enclose Notice of Change of Solicitor by way of service on you, as the claim is now being dealt by our specialist in-house litigation team. Please therefore ensure that all future correspondence is sent to us directly at the address below quoting reference number xxxxxxxxx We note that your defence is based on the grounds that you have requested documentation which you feel has been ignored, that you are seeking proof of the debt and the agreement, the termination of the agreement to allow the claimant relief and the legal right of the claimant to issue the claim. We can confirm that the claim is in relation to a Capital One Credit Card taken out on the 31/03/2007. Pursuant to the account information provided by the originating creditor on assignment, the last payment credited to the account was £15.00 on 20 August 2009 Arrow Global Guernsey Limited acquired the account on 25/02/2011 and notice of assignment was sent to you on or about 01/03/2011 pursuant to the Law of Property act 1925. We hope that this information helps you to identify the account and look forward to receiving notice that your defence has been withdrawn. Should you wish to discuss the matter further, or believe that you still have an outstanding query, please contact us at your earliest opportunity in a bid to resolve this matter amicably and save recourse to further legal action and costs. Yours sincerely, etc." So, can anyone tell me - what do I do now? I have no record of the alleged payment of £15.00 apparently made on 20 August 2009. I still have not received any of the documentation requested, so does my defence still stand up? Help please!!!!
  6. Thanks Andy. How do I know when they have received it?
  7. Hi All, I could do with another question answering, if anyone's reading this? I have had a letter from the court saying that a copy of my defence is being served on the claimant, and they have 28 days to respond. Any one know when that 28 days starts from? My defence was received on 22nd April Thanks!
  8. Well, my defence was submitted and accepted by the court, and a copy has been sent to the other parties solicitors. They now have 28 days from date of receipt to respond. I still have not received any requested documentation. Counting the days!
  9. Wish I'd seen this before I'd submitted my defence - sent it in using MCOL at 8.00 pm on Thursday night, however, discovered that unless it was sent in before 4.oopm, it will not be processed until the next working day - that will be this Tuesday. Does this mean my defence will have been deemed to have been submitted late, and therefore will I have a judgment issued against me by default?
  10. Hi Andy. Do I have to add this to my defence? where does it go? Thanks
  11. HI All So, with a lot of help from other threads on this site, I have drafted a defence. Any chance any one could look at it, and let me know what you think? I need to submit it by Friday. Thanks in advance!: ####Defence#### 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. 3. I am unaware of any legal assignment the claimant refers to within its particulars. I have no knowledge of who the claimant is nor ever been approached since the alleged assignment of over 3 years ago up until receipt if this claim. On receipt of this claim I requested information pertaining to this claim from Shoosmiths LLP Solicitors and Arrow Global Guernsey Ltd. by way of a CPR 31.14 and a section 78 request. To date, no response has been received from Shoosmiths LLP. Arrow Global Guernsey Ltd. have replied to the section 78 request, however they do not accept that they are the creditor, and have yet to furnish me with the requested information. They have stated that they will “assist in obtaining that which has been requested” and have also stated that “we confirm that all collection activity will be suspended pending provision of the documents” Therefore with the court’s permission the Claimant is put to strict proof to: (a) show and disclose how the Defendant has entered into an agreement; and (b) show and disclose how the Claimant has reached the amount claimed for; © show how the agreement was legally terminated to allow the claimant relief. (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  12. Thanks, Brigadier. Will I have to contact the court? ask for an extension? or will that all be done by the claimant now?
  13. Hi All, I hope some of you are still reading this, haven't had any replies for a while! As an update, I received the following in the post this morning form Arrow Global: "We thank you for your letter dated 4/4/2014, received on 9/4/2014 and acknowledge your request for documentation pursuant to the Consumer Credit Act 1974. We do not accept that we are the 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. We confirm that all collection activity will be suspended pending provision of the documents." Now, does this mean that the court case will be suspended, or are they trying to trick me into not entering my defence in time, so that judgement will be awarded against me? Or, does it mean I can relax and do nothing else until the requested documentation has been received? Any advice will be most welcome!! Thanks again
  • Create New...