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Everything posted by Pumpkinhead

  1. Any thoughts on this anyone. Do I need to do anything in response to their Defence to my counter claim? Help and comments really appreciated. Many thanks
  2. Earlier this week I received a response to my S78 request enclosing a copy of the agreement plus copy of the T&Cs. The T&Cs are not the right ones as they relate to Santander whilst at the time the agreement was raised GE Capital Bank were the people supplying the credit. I've now received a reply from Arrow in response to my counterclaim for the PPI and by way of service they have also sent me their Defence to counterclaim, Directions questionnaire and Notice of change of solicitor - so unfortunately things have moved on after the small glimmer of hope last weekend. The letter from Arrow says that I will have to contact Santander regarding the PPI policy as they are responsible for handling all PPI enquiries related to the account as opposed to Arrow. They they go on to invite me to withdraw my counterclaim and redirect the matter to Santander. I will take a copy of the Defence to my counterclaim and post it up shortly. HAVE POSTED UP BETTER COPIES IN POST BELOW THIS ONE. Are they correct in saying that the PPI is nothing to do with them, even if this debt has been assigned to them? I also note that they have ticked the "No" box in the Fee section of the N149A - does this mean that they still haven't paid the fee to the court yet? Also the N434 change of solicitor form is unsigned - will that be an issue.
  3. Good, that's what I thought. I shall keep my fingers crossed and start counting the days ...... I'll let you know what if anything happens next.
  4. Morning all. I've received a letter from the Court which if I've understood it correctly gives me a bit of hope that this matter will not progress. The letter which is a General Form of Judgment or Order and which lists Arrow as the Claimant and me as the Defendant (after a bit of blurb about the judge and which court etc says: Upon the Courts Own Initiative Is is Ordered that Unless the claimant do by 4pm on (a date in a few days time) pay the fee and file and serve the directions questionnaire the claim and defence to counterclaim be struck out without further order. So am I right in thinking if Arrow don't do anything it will be game over for them in a few days time? Would this also mean that I would automatically win my counter claim or would I have to pursue that further? Look forward to hearing your thoughts Caggers.
  5. Ok thanks Andy. I will post again when I have something to report.
  6. Quick update. Have received nothing else from Court or other side since I returned the n180 on 5 Nov, 2 days before the deadline. I sent the other side a copy of it too. Surely the other side (original claimant) should have filed their defence to my counter claim by now. Am I right in thinking this? Also still not received any docs following my S 78 request apart from the letter from the claimant (details in earlier post) saying they don't consider themselves the creditor and saying they'd have a look for the docs, which is potentially good news I think especially if they don't ever send anything and this ends up in court. Is there some deadline by which the other side has to do something or the case gets stayed or I automatically win my counter claim? Thoughts appreciated.
  7. OK. I've completed the N180 and ticked yes for mediation and asked for court closer to my home etc. I will send it off to the Court and a copy to the claimant also. Is this right?
  8. Andy - what do you think about the letter Arrow sent me (see post 25 and detailed below) Dear Mr X Arrow Global Ltd Account XXXXX ASSIGNED BY Santandericon (Account No xxxxx) We thank you for your letter dated xxx received on xxx and acknowledge your request for documentation pursuant to the consumer crediticon 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 return the payment of £1.00. Should I reply to this in any way or send the £1 back again. Are they trying to trick me in some way. Also they've not replied to the CPR31.14 - am I right that if they don't reply and this gets to court that and the (hopefully) failure to reply to S78 request will go against them.
  9. Is it OK to reject the offer (contained in the documents from the Court) offering mediation, or will this go against me?
  10. and if they don't file an N180 is their claim struck out or does it just get stayed? Have I been sent the N180 because of the counter claim I've filed? I'm thinking this must be the case as I haven't received one with another claim I was involved in in the past - it just went quiet and I didn't hear anything else from the other side - I believe it is stayed
  11. Hi Andyorch No, no response from them regarding my counterclaim as yet. What happens if I don't return the N180?
  12. Hi Can anyone have a look at this for me please. Would really appreciate some help with this.
  13. What will happen if I don't return the N149A (see post 25 this thread)
  14. Hi DX Sorry brain has turned to pap with all of this!!! Can you explain a bit more for me please? Thanks.
  15. Thought I would post an update. Shortly after I received the County Court Claim (detailed above) I sent off both a CPR31.14 letter and a s78 request together with the £1 payment. Nothing came back until this week when I received a letter from the claimant (Arrow Global) in effective replying to the s78 request. The letter went as follows: Dear Mr X Arrow Global Ltd Account XXXXX ASSIGNED BY Santander (Account No xxxxx) We thank you for your letter dated xxx received on xxx 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 return the payment of £1.00. Now, I am a bit confused by this letter. The original debt was for a Debenhams Card with GE Capital which changed to Santander who then as I understood it, sold (assigned) the debt to Arrow Global. Am I right in thinking that "assigned" means the same as "sold" the debt to another company? The claimant on the County Claim Form is shown as Arrow Global and not Santander, so how can they say they do not view themselves as the creditor in this matter. If they are not the creditor then surely they have no claim against me? What do you all think? I've not had any reply to my CPR31.14 request. I filed my defence together with a very brief counter claim as there is a PPI issue involved in this matter too. I have paid the fee too. Since filing my defence and the counter claim I've received some other documents from the Court as follows: a notice of transfer of proceedings N271 An N149A Notice of proposed allocation to the Small Claims Track An N180 Directions questionnaire Small Claims Track EX370 Some bumpf about settling your case without going to a court hearing The N271 says that the defendant has now paid the counter claim fee and that the claim has been transferred to the county court stated further on. The notice continues "To all parties - if you have not already done so you are urgently required to complete a Directions Questionnaire. To the claimant - Please note as the defendants response will now be treated as a counter claim you are also required to file a response using the enclosed response pack. Please be aware that if you do not dispute the counter claim the defendant may be able to obtain judgement against you for the amount they are claiming. As you will be responding as the defendant to the counter claim please read and complete the response forms listing yourself as the defendant. This does not apply to the Directions questionnaire where you should still list yourself as the claimant. The N149A is confusing me a bit too. My name is shown as the Defendant but the letter seems aimed at the Claimant more than me. The notice says: Important Notice If you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgment. Take Notice That This is now a defended claim The defendant has filed a defence and a counter claim It appears that the case is suitable for allocation to the small claims track (If you believe this is not appropriate contact ,,,) You must by 7 Nov complete the small claims directions questionnaire N180 and file with relevant court and serve copies on all other parties. I seem to remember in the case of a claim that is just defended, as opposed to defended plus a counter claim being made, that if the defendant doesn't do something (not sure what the something is) the case gets stayed automatically after so many days (a month or so I think). At the end of the day I just want this all to go away. I am not bothered about getting back the PPI providing the claim is just dropped. What will happen if I do nothing? What will happen if the claimant does nothing? What will happen if I do nothing but the claimant does? Would really appreciate your help asap as I have limited time to get this sorted and don't want another last minute rush. Many thanks
  16. Just saw your message about deadline in time. Ran back down to computer and managed to get my claim in with 3 minutes to go to midnight. Added in a small bit about counter claim but at least got it in on time hopefully. I see the MCOL site acknowledged I'd filed my defence today just before midnight but that it will process it tomorrow. I see I have to pay £60 for the counter claim. I will have to work out tomorrow how I go about paying that. Thanks for spotting my slip up! If it is a day early never mind - I only put a brief sentence about the PPI but at least I got it in - might put them off pursuing me.
  17. Hi The claim was issued 19 Sept. I filed the AOS saying I would defend so gained another 28 days. This runs out on Weds this week.
  18. :jaw:Hi - Could someone please have a look at my query and help me - time is fast running out. Need to file defence tomorrow. Many thanks
  19. Any thoughts on this anyone - I need to get my defence in by tomorrow latest so this is becoming quite pressing. Really could do with some more advice. Many thanks
  20. Anyone have any thoughts on this that might help me. I am OK on the basic defence for the claim (they haven't responded to a S78 or CPR31.14) or sent me any documents in support of their POC. I really want some advice on whether it's a good idea to make a counter claim for the PPI that's attached to this old credit card debt or not. If I just enter the standard defence (see below) could I raise a counter claim later if I wanted to? Do I have to follow any pre action protocol if raising a counter claim? The Claimant is Arrow Global and this relates to a Debenhams Card originally GE Capital then Santander So apart from the PPI bit here's what I've put together as my defence so far: I neither admit or deny the first paragraph of the Claimant's Particulars of Claim which refer to a regulated agreement number xxxxxx as having been entered into originally between xxxxx and myself the Defendant The Claimant has yet to disclose any such Agreement which conforms to the requirements of the Consumer Credit Act 1974 CCA and associated Regulations Specifically the Claimant is yet to disclose an Agreement which is in the prescribed form, contains all the prescribed terms as required under s60 of the CCA, has been properly executed and which is not contrary to s82a of the Act in question With reference to paragraph two of the POC and the Claimant's statement that a Default Notice was served, it is denied that any valid Default Notice was served or that the alleged Agreement if terminated, was done so correctly and in accordance with the CCA In regard to paragraph three of the Claimant's POC and in consideration of s136 of the Law of Property Act, it is denied that the Claimant has any entitlement to benefit from the alleged Agreement as either an assignee of a debt, or as an original creditor or that the defendant has been notified of the assignment by letter. The Claimant has failed to comply in any way with the pre-action conduct practice direction. The Claimant has failed to respond to requests under s78 (1) of the CCA requesting a copy of the alleged Agreement and associated documents. The Claimant has also failed to respond to a request made pursuant to Civil Procedure Rule 31.14. In regard this entire Claim, the Defendant denies that they owe any monies to the Claimant and puts the Claimant to strict proof to disclose a valid and enforceable regulated Credit Agreement that exists between the Defendant and Santander, to disclose evidence of a valid Default Notice and of such having ever been served, to disclose evidence that the alleged Agreement if terminated, was done so in the correct manner, and to demonstrate that the Claimant has the legal right either under statute or equity to issue this claim As per Civil Procedure Rule 16 5 4 the Claimant is expected to prove their allegation that the monies claimed are due By reason of the facts and matters set out above, it is denied that the Claimant has any entitlement to the sum claimed from the Defendant of £xxxx or any other such sums including associated costs or relief Their POC says: The claim is for the sum of £XXXX in respect of monies owing by the defendant on a credit agreement held by the defendant with Santander under account number xxxxx upon which the defendant failed to maintain payments. A default notice was served upon the defendant and has not been complied with. By virtue of a sales agreement between Santander and the claimant the claim vested in teh claimant who has a genuine commercial interest, The defendant has been ntofiied of the assignment by letter. Contact Drysdnefairfax solicitors on xxxxx
  21. Might it be an option to write (without prejudice of course) to the claimant or their solicitor to bring to their attention that the agreement (and their claim therefore) is likely to attract a counter claim for PPI miss-selling?. What can I include in my defence about the PPI issue without compromising myself or incurring costs (to bring a claim etc)
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