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marcander

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About marcander

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  1. One last thing, I bought and used Patricia Pearl's book "A Guide to Small Claims Procedure". Worth every penny. M.
  2. Here's something just found on Ministry of Justice Publications site. " Discontinuance and subsequent proceedings 38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if – (a) he discontinued the claim after the defendant filed a defence; and (b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim." M.
  3. Once again thanks to all for advice comments etc. It was only through self-education via this site and forum that I learned enough to go through with this. They started this claim in February and it developed like a game with strategies by both sides. My advice to anyone going through similar Don't be put off by bullyboy tactics and threats. know and learn your facts, rights and responsibilities. Although I had been paying under an informal payment arrangement for 10 years my defence was based purely on No CCa or statements of account. I did not dispute that the contract once
  4. Today I received a letter from Arrooww. Attached is a court form filled by Arroow informing me that they have filed a discontinuance. I haved checked with the court and sure enough the court has received the notice of discontinuance and the court is refunding their £325 court fee. The claim is stopped and the hearing will not now take place. I think the only time I had doubt was when aroow paid the £325 for the hearing to proceed. I thought that they must be confident, and have I missed something. Knowing now that their fee is refundable if they do not pro
  5. It never really occurred to me, but yes, if Moorcropp have been taking my payments and keeping them then EEgg have had no communication for 10 years and so it would have been SB'd. There's no reference to the original default etc or payment arrangement on my credit files as were are over 6 years from default. Anyways, we shall see what we shall see. M.
  6. A couple of weeks ago I agreed to telephone mediation provided by the courts. A mediator talks to me (defendant) and the claimant one after another. Neither of us can hear the other but the mediator relays each party's verbal evidence and points. When my reference to me paying Moorcrop every month for ten years from default and my ceasing to pay after non-compliance by moorcrop with my CCA request in 2011 was relayed to arrow, they said they were totally unaware that Moorcrop were involved in this anywhere along the line. Also they were unaware that I had been payi
  7. This makes things a little clearer........... Landmark ruling on consumer claims A High Court judge has ruled that creditors need only to provide a reconstituted copy of original credit agreements, when they face consumer claims against debts. In a landmark claims management case at the High Court, Judge David Waksman clarified a number of points over the enforceability of consumer credit agreements. He upheld that banks can enforce debts even if the original agreement of the loan or credit card has been destroyed and that a creditor can f
  8. There seems to be a fine line between "bringing an action" and "going through with it". Quote from "OFT" 5 SANCTIONS FOR NON-COMPLIANCE23 5.4 While Flaux J agreed with the decision of HHJ Simon Brown QC (sitting as a Deputy High Court Judge) in Tesco Personal Finance v Rankine 27 that commencing proceedings was not enforcement, but a step taken with a view to enforcement, both he and HHJ Simon Brown appear to have been drawing a distinction between commencing proceedings and entering judgment in those proceedings.28 29 5.5 Importantly and fu
  9. I was thinking of sending a SAR to aarrroww to see what docs they actually have. However I understand that because they have produced only an unsigned application form and a statement of truth, no CCA no statements to back up any calculation, then that is all they can offer as evidence in court. So, if a SAR produced documents then the court may not accept them as our courts do not allow suprise witnesses and documents suddenly produced. So, there seems little point in that. Judge Waksman said that the CCA does not have to be the original but in the absence of even a correctly reconstitu
  10. I have been reading a guide on the forum written by surfaceagent and it appears that it might be to my advantage to CPR the claimant again asking for the CCA and statements of account to compel them to disclose documents. If these docs are not forthcoming then I may ask for a strike out or set aside. That the case may be unwinnable from the claimants point of view. M.
  11. No I havn't done a SAR as it was difficult to decide who to SAR to. Original creditor was of course EEGG then Moorcrop "handled" on their behalf and took my 10 years post-default payments then Barclaycard took over and sold to Arroow and that's where I am today. Andy I havn't had an N170 yet. I will revise my position on the stay. Thinking again I will know by 12th October if they have paid their fee or not and that should give me an idea of how serious they are as to whether they think they can win. But getting back to basics, there are restrictions on what a creditor can d
  12. I have now received my court date for November. The case has been allocated 2 hours. Apparently the claimant has to pay a fee of £325 by 12th October for the case to go ahead. There is a clause on the court notes that says I can apply for a stay of proceedings for a fee so that I think, is what I will do. I intend to apply for a stay of proceedings until the claimant provides me with a copy of my CCA and a statement of account so I can see the case I have to answer. All I have had as yet is a copy of an internet application form unsigned and a statement of truth. I do not deny I h
  13. Because, until recently I wasn't aware of CCA regs etc. I stopped paying beginning of last year when they could not comply with my CCA request. The debt has gone from Eggg to Moorcrooft then to Barclayys now to Arroow global who started court claim in February this year thru Bryann Cartter solicitors. Then Bryan carrter stopped dealing with the case and they are dealing with it through the legal admin staff, "paralegal". I am defending the claim with the help of the forum on another thread. But, going back to the op, my crdit files were a mess until exactly 6 years after default date
  14. Just to clear up a few points. And I have personal experience of this. Cra s are exactly that.. ..Credit Reference Agencies. If the "debt" is not/was not ...credit....then it cannot be reported on a credit reference agency file because it is not credit. So... a debt to, for instance DWP was at no time a loan or credit ( I am talking here about income support and the like, regular weekly or monthly benefit payments not a crisis loan or anything like that) and so although it is a debt it was at no point credit. Also, credit reference agencies have to abide b
  15. Have done just that. They said it was because the claimant had changed their claim. I may therefore want to add or change part of my defence. so, the judge has ordered that another Alloc Quest be sent out. In between the 1st alloc quest and this one the judge ordered that we both file full partics of their claim and my defence. the other side served and filed a copy of the internet application form and their Statement of truth. nothing else. I filed and served my defence based on no CCA. No statement of account ever, since default 11 years ago and requested stay of proceedings until they sup
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