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Posts posted by foolishgirl

  1. Hi Clynite


    Firstly, thanks to CB for pointing me to your post as I am not able to look in on CAG as regularly as I did some time ago.


    Sincere commiserations on the LO's decision. You seem to have had a raw deal on this one from the very beginning. Sadly, 'justice' does not always seem so & a good deal of common sense & fairness would seem to be more appropriate to apply to cases like yours. However IMO you are extremely sensible to leave the worry & stress behind you now & get on with life.


    Your post seems to honestly & succinctly sum up the moral in this sad story & I do hope that others reading your thread will digest & learn - solicitors are not infallible & be sure you know exactly what you are getting into before you sign a no win, no fee deal.






    Good luck & best wishes, Cynite ......



  2. Only just read your post so hope this is not too late but IMO you should make more obvious reference to the court order that this claim be struck out if the Claimant does not produce the docs ordered.


    So I would amend to read as follows:


    1. I, XXXXXXXXXXX of XXXXXXXXXXXXXXXXXXX am the defendant in this action and make the following statement as a defence to the claim made by Arrow Global LLC, 5996 W Touchy Avenue, Niles, IL, 60714 USA.

    2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof.

    3. The Defendant notes that the Claimants' claim is not fully particularised and offers no cause for action. The Claimant was offered the opportunity to resubmit a properly particularised claim that complied with the Civil Procedure Rules on xxx. To date they have failed to file such.

    4. The Claimant has failed to disclose appropriate documentation to support the Particulars of Claim, requested under CPR 31.14, which leaves the Defendant at a disadvantage and unable to plead effectively or at all.

    5. The Defendant denies ever having applied for or operated an account with Arrow Global

    6. The Defendant denies that they are indebted to the Claimant for the sum of £2028.29 and puts the Claimant to strict proof of this sum. The claim for interest pursuant to s.69 of the County Court Act 1984 is also denied.

    7. The Claimant has not complied with an order of the court dated xxx & has failed to produce the documents listed therein (copy attached). The Defendant is therefore of the opinion that this claim is without merit & has been brought provocatively & without due cause.

    AND the Defendant therefore now seeks;


    An order that the Claimant’s action is struck out under CPR 3.4.2 (a), or otherwise dismissed

    (a) on the grounds that this claim cannot succeed

    (b) that the Claimant is in default of the order by Deputy District Judge XXXXX on XXXX to file and serve a copy of the Consumer Credit agreement between Barclays Bank PLC and the defendant, together with a full record od all charges levied, credits and debits on the account referred to in the statement of XXXXX on XXXX January 2011

    © that the Claimant be ordered to pay the Defendant’s costs incurred in defending this action


    8. I believe that the facts in this Statement are true and accurate.

  3. ##update###

    This had reached the point of me submitting the AQ, when my dearest friends at howard cohen sent through a notice of discontinuence. Pretty pleased with this, they should have done this the first time around.


    Couple of questions:

    1. Should I submit the AQ anyway, or phone the court and check they have recieved the notice of discontinuence also?


    2. I am guessing they can create a new claim at any time, but would need to have a different POC?


    3. Should I now go for costs, and I claim against the first claim they made?


    Thanks again for eveyones help, especially foolish.


    Excellent news hedman!!


    Just advise the court that the case has been discontinued by the claimant & send a copy of HC's letter.


    They could submit a new claim but it would have to be on completley different grounds to stand any chance.


    YES, YES - you must submit your costs & QUICKLY!

    You can submit for both cases together but I suspect the first may be ruled out on time. All costs are at the discretion of the court anyway so you should support your application with reasons as to why you think they should be awarded. Use an N244, don't just rely on a letter to the CM.

  4. Comments please all, do you think it would be worth mentioning about the fact that I have never received a NOA or leave that out?


    Should I add the following the Claimant (****** OC) has provided no evidence of any absolute assignment from ****** DCAlink3.gif. The Defendant has received no Notice of assignment or proof of service of same. The Defendant requested the NOA and proof of same in a registered letter DATED the Claimant failed to respond in the required 7 days from receipt. Thus the Defendant believes the Claimant has no right to raise this claim.


    IMO, leave the above out. Keep your app simple & in terms that can be easily comprehended; bring all the above in & you are opening the door to a debate over the merits of the case. If you don't get the strike out, this info can all be brought out later.


    You need to send the N244 to Northampton as it has not been allocated but it may then be allocated to your local court to deal with the app. Not sure there is provision for applying online for this, you may need to post.

  5. I think I will send a CPR31.14 requesting the full statements (to determine the balance), a copy of the NOA, proof of service of the NOA, and deed (good luck with this one though) I will also request a information about proof of service of the DN.
    Cannot recall all the details of your case but be aware that you can only use CPR 31 after the case has been allocated if this is fast track ; you can only use CPR31 in small claims before you have submitted a defence & allocation has been made.
  6. Following up from your posting elsewhere, Pumpy, as requested.


    I absolutely agree with VJ's response/defence & if/when they discontinue go for your wasted costs immediately (I hope you did last time too!) I would also be looking to send a very stiff letter to them requiring appropriate amendments to your credit files & compensation for the harrassment etc. & follow it up with a claim of your own if necessary.

  7. If they discontinued PT, they would have to produce new & strong evidence to the court to get this revived. I suspect they have not & have just reissued the claim. Call the court & ask. This should then all be brought out in your defence. Have you started a thread of your own on this?

  8. Hi summer


    IMO, don't remind them that they cannot enforce without having fulfilled S78, wait until they try & then you have another arm to your defence. However, just so it looks good for you in court if necessary, I would write & tell them that they still haven't sent you a copy of your agreement as requested under the CCA1974 & that until they can prove to you that such an agreement exists, you will not be sending them any further payments.


    I would also ask them to confirm under CPUTR that such an agreement exists. See this thread for further info on using this legislation as a very useful tool in such circumstances:


  9. There seems to be an error with the 'donate' link in the posts above & if I put in 'donate' in the search box, it comes up with posts that have the word in their text, not a donation link.


    I take your point that finance for CAG is no longer in the desperate state it was some months ago but why is there no longer a simple tab or button for people that still wish to show their appreciation in this way, BF?

  10. Sorry Upset, just jumped in on this thread after a long time so tell me to jump out again if this is irrelevant.


    Was your claim from Arrow Global or Arrow Global LLC.? If the latter is not registered in the UK, have you checked they are registered at Companies House & have a registered UK credit licence? If not, they have no business with your debt or taking you to court.


    Re. your wasted court fees because of court staff incompetence, you can write to the court manager, explain the situation & ask for a refund.


    3. They are claiming not to have received a copy of that notice?


    If this is the case, they are telling fibs.


    Because if they claim not to have received that notice, they would be of the impression that the case was stayed, would they not? There would be no need for a new claim – just an application to lift the stay.


    The judge will love this...


    They may well be telling fibs DB but I can't agree with you that the judge will love it. I suspect that they may get leave to have the case dealt with again :x


    There is a similar case here - a salutary tale:


  12. You will first have to contact the court & ask them to strike this claim out as per the order. I suggest you phone them tomorrow & ask if they will do it automatically or if they require a letter or formal application from you.


    Then you can submit your costs as a wasted costs order. The template is in the CAG library but you will need to amend: http://www.consumeractiongroup.co.uk/forum/content.php?581-Wasted-Costs-order

  13. First of all a big CONGRATULATIONS to Cy for today's result but let me just say, shadow, 'cos she's too modest to say so herself


    congrats on winning the judge lottery this time


    This was not down to drawing the right straw in the judge lottery, this was a determination by Cy to immerse heself in the CCA & the case law so she understood every point & then she could stand in court & throw any rubbish they flung at her straight back at them with knobs on it.


    Cy will no doubt tell you the full story in due course but she should not just feel pleased with the result but immensely proud of herself.


    You have my admiration Cy for triumphing in the face of adversity



  14. You need to check with the court asap Monty. It is not usual for a SO hearing to be scheduled after the trial hearing & I would have expected that at the very least, the 2 would have been dealt with together.


    It would seem to say volumes about Drydens confidence (or lack thereof) to win this if they apply for a SO in the knowledge that a trial hearing is in the court diary within a very short space of time i.e. why waste money on an app if you feel you have a strong enough case that would win the day anyway? I suspect they are either (a) hoping you won't respond to the app & they will win by default or (b) trying to get you to disclose the tactics you will use at a full hearing. Be wary...

  15. I'm sorry Monty to be brutally honest but if I got that letter as a Claimant I would bin it in the proverbial as it's just too wishy-washy to be taken seriously. You have to show conviction & firmness to get the results you want.


    The correct process is to send a CPR31.14 before the case is allocated to track & request the info you want that is referred to in the POC, follow it up with a CPR31.15 after the time limit you gave them in the CPR31.14 request stating where & when you would like to inspect copies or offer to pay them cost of copying & mailing to you. If that fails apply immediately to the court for a disclosure order.


    If it's already allocated to SC before your first request, you have to use CPR27.4 for directions.


    Not sure where you are up to with this one now Monty but it sounds from the above that you have requested the info under CPR31.14 several times & IMO it now needs an app to the court.


    Anything less just serves to demonstrate to them a partial knowledge of the judicial processess & indicates that you can be walked all over & believe me, they will get their big boots out & grind you into the ground if you give them that opportunity.

  16. That is a seriously good Order - well done to you AND to the DJ :biggrin:


    I agree, excellent news UAF.


    Of course they won't be able to supply an agreement with Barclays name on it - it doesn't exist! And it they try any 'reconstruction' on a Barclays generic form, you can shoot it down in flames immediately can't you? :-D


    All you need to do on the 29th day is to ask the court if anything has been received from the Claimant in respect of the order & if not, ask that the case is put before a DJ for SO asap. They may want a formal request in writing from you but you shouldn't need an app. Just communicate with the court.

  17. IMO we are in danger of slightly getting away from the primary issue that this case throws up i.e. not whether an original or exact copy must be produced but whether the document produced is a 'true' copy in that it accurately reflects the original T&Cs:


    Under s.78(1), a creditor was required to set out the actual, original terms and conditions of the agreement at the time it was made. In those circumstances, P had not proved that that obligation was satisfied, and it was therefore not entitled to progress to enforce the debt against K under s.78(6).


    pt's comments above should be noted:


    The issue is with the substance of the document not the form, and the Carey decision did allow for minor slips providing the statutory content was correct.


    I do empathise with DD's comments

    also the act states that the claimant can show that on the balance of probabilities that the debtor "has signed" an agreement

    as this indeed does seem to have been the line that some DJs have erroneously been taking recently.


    I doubt that this CoA declaration will change that stance but will hopefully provide significant ammunition to successfully challenge it where the Defendant can show the Claimant has not provided a document that accurately represented the original terms of the agreement before taking legal action.

  18. I would suggest amending this para to something stronger eg:



    Following the hearing of xxx, the above case was stayed until 11 November 2010, with a further extension granted until 31 December 2010 in order that the Claimant 'might be allowed to consider their position'.


    I have not been contacted by the Claimant in respect of this matter & confirm that a settlement has not been reached.


    District Judge XXXXXXXX instructed the Claimant to provide to the Court substantiation that the Notice of Assignment had been sufficiently served before proceedings were commenced, thereby giving the Claimant a right of action. As far as I am aware, this evidence has not been offered to the court to date.


    Furthermore it is also noted that the default notice produced by the Claimant to the court is not a true & accurate copy of the original notice that was issued to the Defendant , a true copy of which was submitted to the court with the Defendant's witness statement.


    As the Claimant has not complied with court orders & has presented false evidence to the court, I therefore respectfully request that this case is reviewed as a a matter of urgency & that the court use its powers under the CPR 3.4© to strike out the case or formally lift the stay & allow it to proceed at the earliest opportunity.


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