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Kipper1977

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  1. The court date for my case is 20th of this month, i tried to settle with Arrow's solicitors over the last week or so but they insisted it was too late. Anyway, on their witness statement they've now added £665 in costs to the claim, Can they do this on small claims track? Thanks in advance for any replies. Oh and the reason i left this was because i was going through the threat of reposession of my house & a break up, so i thought sod it they can do what they like. stupid, i know. Should I even send a witness statement in? Should i even turn up to court?
  2. This is my defence. I can only type the DN up, will this be any good?
  3. IN THE NORTHAMPTON (CCBC) COUNTY COURT CLAIM NUMBER ************ BETWEEN: COPE’S SOLICITORS Claimant And kipper1977 Defendant DEFENCE Dated 8th October 2008 1. On 27 June 2008 Arrow Global LLC commenced proceedings against the defendant for £3188.98 plus interest, a debt allegedly incurred under a credit agreement between the defendant and MBNA Europe Bank Ltd. 2. The Claimant states the debt was assigned them by a deed of assignment dated 15 January 2007. 3. The claimant’s solicitors were requested by letter dated 5th July 2008 to produce the following various documents under Part 18.1 of the Civil Procedure Rules viz., a copy of the executed credit agreement, a true copy of the alleged assignment and any default notice from the original creditor together with some form of proof of postage that this notice was sent to the correct address and was served with the proper notice before this claim was submitted. 4. To date, the claimant’s solicitors have acknowledged the request but not supplied the requested documentation. 5. The defendant has not received a copy of any default notice from the claimant, and asks that the claimant provides the court with a true copy of such a notice, and with some form of proof of postage that this notice was sent to the correct address and was served with the proper notice before this claim was submitted. 6.The defendant seeks an order that the claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot be enforced following the claimant’s default in failing to supply a true copy of the executed credit agreement as required by S78 (1) of the Consumer Credit Act 1974. 7. In the alternative, the defendant respectfully asks the court to order the disclosure of the credit agreement, notice of default in the form required by the Consumer Credit Act 1974, and notice of assignment in the form required by the Law of Property Act 1925.The defendant also requests that the court order the claimant to disclose a list of all charges made to the account and a list of the costs associated with each charge for the last 6 years in order for them to prove that the debt amounts to the amount claimed. 8. The defendant also respectfully asks the permission of the court to amend this defence when the above documents are provided by the claimant.
  4. Will post the details tomorrow. Thanks. The AQ is due 14th May.
  5. I've now had an e-mail telling me that my complaint has now been forwarded to The Legal Complaints Service. Has anyone else had the same?
  6. Thanks Senior. It was Cope's solicitors who sent it. I've complained to the SRA already.
  7. Arrow somehow forgot all about this. And stupidly, so did I. The case was apparantly "stayed" sometime last year as the claimant never contacted the court. Anyway I haven't had much time over the last couple of months to do anything but was wondering if anyone can give a bit of advice on the case now? I received a letter 20/4/09. Saying that Arrow had been awarded a CCJ against me and that an attachment of earnings order had been made against me???? I then phoned the court, who told me the case was stayed?? They told me to file my defence, which I then did. I have now recieved an AQ from the court and a letter from Arrow's sol's basically saying that they have requested the credit agreement, statement of account, notice of assignment etc. (there has been a delay retrieving the data from their archives). I'm concerned with a couple of sentences in the letter; In your defence you do not deny that you owe this debt. You are merely requesting proof of the debt. Despite the fact that you have indicated to our customer advisors that you would be prepared to settle the debt, the notes on your account history may include instructions from our client which are deemed privelege information by the courts and any request of this nature should be made by application to the courts. I realise i've been totally stupid by thinking this would go away but does anyone think i should still try and defend at this late stage?? Ps.. I have received an application form from them (online app) and a Notice Of Assignment (From themselves).
  8. Could you help me. I have a mortgage with DB and after clearing 2 months arrears (£1800) i am now left with £350 in charges and int. I am really struggling to clear these at the moment, DB want £175 at the end of this month & £175 next. I have offered £50 (even this is a struggle at the mo). These really are horrible people to speak to. Any advice please??
  9. I had this letter about 2 weeks ago. I have today begun a complaint through the SRA.
  10. Received a letter from BC Litigation this morning.They've offered to settle the full claim as it cost too much for both parties to this to trial. (How considerate)I must now sign and return the letter and agree to some terms....cofidentiality blah blah.I want the court fee & my SAR fee (£40) returned and the rest can come off my balance, is this reasonable to ask them?Thanks.
  11. E-mailed them yesterday...they responded saying that my e-mail has been forwarded to my case manager. Will let you know the response. Thanks.
  12. Thanks for the advice. I submitted the claim via MCOL so didn't include the Draft directions.
  13. Thanks for the response. I never had to pay for the app for the stay to be lifted, I just wrote to the judge. Yes, i'm just claiming for the 8%. Do you think i'll need to take anything with me to court, or just go in front of the judge and tell him the stay was for bank charges?
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