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madi's mum

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  1. I totally agree Andy, unfortunately was unable to attend the application hearing in person so I submitted my objections tothe reinstatement in writing, I did use the legislation you are quoting, I highlighted the excessive time between strike out and their application, I also drew attention to 2 other instances of non compliance on their part and also as you have stated that this is their business and that they are the 'professionals' it just seems that this particular judge is determined to let them have their day in court!
  2. Hi sorry I'm at work at the moment so am away from my files - I know the claim was struck out in April 2012 and I received the application for reinstatement at the end of December 2012. I will post up the other details tonight when I have access to them.
  3. No, I was just relieved to have it struck out, didn't want to push it as the DJ had been quite open throughout the procedings that he would not allow me to win on a technicality - the main thrust of my defence being a failure on the Claimant's part to supply a true copy of the executed agreement, default notice, notice of assignement etc.
  4. Thanks for taking a look - appreciate your help as always. I have to submit the AQ by Wednesday so I will keep this in mind when doing so - I have already submitted an amended defence but I think I may be on shaky groung and it may be prudent to try to settle this with Arrow prior to a court hearing. Kind regards Madi's Mum
  5. Hi Andyorch Thanks for the response. Their application notice to have the case re-instated included under 3. What order are you asking the court to make and why: "The Claimant seeks an order for the claim to be reinstted, pursuant to the overriding objective, CPR r3.1 (2) (m) and CPR 3.9. Due to an administrative oversight by the Claimant the deadline stipulated by the court to comply with directions was overlooked." The Order from the Judge was as follows: "IT IS ORDERED THAT 1. The claim shall be reinstated. 2. The Claimants shall by 4.00pm on XX XXX 2013 file and serve an amended Particulars of Claim full pleaded and particularised. 3. Permission to the Defendant to file and serve an amended defence by 4pm on XX XXXX 2013. 4. Both parties shall file and serve completed Allocation Questionnaires by 4pm on XX XXX 2013. 5. Costs of today reserved." Cheers Madi's Mum
  6. Just a quick question, currently being pursued through the courts for a debt by Arrow Global, the case was struck out by the judge in May 2012 due to Arrow Global’s failure to comply with court orders. In December 2012, over 6 months later, Arrow applied to have the case reinstated as they pleaded an administration error had led to them missing the court’s deadline. The District Judge duly obliged and reinstated the case. Since the case was struck out, the requisite 6 years has passed since I last made a payment and I have not acknowledged the debt to them. Can anyone clarify whether the reinstated case is treated as a continuation of the struck out case and therefore has been brought within the 6 years or is it treated as a new one, and if this is the case can I use the Statute Barred legislation to stop the proceedings? Any pointers with this would be much appreciated. Cheers Madi's Mum
  7. Wow, you chaps have been busy in my absence! Thanks for taking the time to work it through together. The set aside hearing is due the latter half of next week so i really need to get a response off to the solicitors by close of play tomorrow (Friday); having read through the posts again I still err toward sending the letter that 42man has proposed and take it from there. I also propose to re-send the returned CCA request with a letter stating that Arrow Global's solicitors and the court are happy to correspond to my home address without any further verification and that they are in breach of a legal request which was instigated back in August in the hope that I get some paperwork relating to this case. I have already sent a CPR 31.14 request which is now at least 14 days over the 7 days allowed for response, should I also be following up this letter? thanks Madi's Mum
  8. Hi again, Yes you are right, that would be the intent, i take it that you don't think the letter is appropriate to the situation?
  9. Hi, sorry been offline as had to go to work. Anyway, thanks for the responses, I kind of think that 42man's letter addresses the concerns we had with their proposed consent order, to date they have failed miserably to provide any documentation for this case despite our having initially sent a valid CCA request followed more recently by a CPR 31.14 request. Whilst I don't relish the thought, I am prepared to go to court and put my case to the judge if they don't accept the contents of the letter. I can only hope that the Judge will agree with me that it is unreasonable to expect me to agree to the Consent Order when I have had no sight of any of their supporting documentation or evidence that they are legally entitled to enforce the alleged debt. Madi's Mum
  10. Following an application to the court to have the judgement set aside on the grounds that they had been using an address that I had not lived at for over 10 years, due to be heard next week, have now received the following: Our client has now had an opportunity to consider your application and have confirmed that they have prepared to agree to Judgment being set aside and are due to tile a Defence within 14 days. This will alleviate the hearing having to proceed on xx/xx/xxxx thereby keeping costs at a minimum. In view of the above, we enclose a Consent Order and should be grateful if this could be signed and returned to us as soon as possible in order that we may lodge the same at Court prior to the above hearing. The Consent Order is as follows: Upon the claimant and the defendant having agreed terms: BY CONSENT IT IS ORDERED that:- 1. The Judgment obtained on XX/XX/XXXX be set aside. 2. The Claim Form and Particulars of Claim be re-served upon the Defendant at the address 123, nowhere street, no Town AB1 2CD 3.The Defendant files a response to the claim within 14 days thereafter. 4. The interim charging order obtained by the claimant in the Court on XX/XX/XXXX in respect of blah, blah, blah address be set aside. 5. The claimant shall forthwith remove the entry registered against the Title of the property at the Land Registry in respect of the Interim Charging Order. 6. Costs in the case Can anyone give me some advice on what to do next, do I sign the Consent Form and return it, I’m not too happy with item 2 and item 6 to be honest, to date I still have had no paperwork supporting this court case and am at a loss as to what account the alleged debt is for – of course there is a possibility that I do in fact owe this money but I’m willing to bet that there are charges applied to the account which would put it into dispute and therefore, if I’m correct unable to be pursued through court until resolved? The day after receiving this correspondence from their solicitors I had my CCA request returned with the £1 postal order as they had been unable to verify my address; this despite the fact that their solicitors and the courts are happy to communicate with me at the stated address! As always any advice is gratefully received. Cheers Madi’s Mum
  11. Sorry, having trouble getting the formatting of the message to stay in place, just seems to run together whatever i post up
  12. Hi again Would really appreciate any advice regard responding to request for proof of address under data protection act. Does anyone know what the worst they can do with any evidence supplied? Also, as previously mentioned we have applied to the court to have the original action set aside, this entails Arrow being served with a signed copy of our application, we did ask if the judge would object to my other halfs signature being removed from Arrow's copy but this request has been declined - is there any other way of making his signature uncopyable that is still legal? cheers Madi's Mum
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