Jump to content

Daisy-D

Registered Users

Change your profile picture
  • Posts

    20
  • Joined

  • Last visited

Everything posted by Daisy-D

  1. I'll get about having the CCJ set aside for improper paperwork as you suggest, thanks, and I'll claim my cost in doing so and will also get on to the Ombudsman re BC quoting warrant numbers and threatening bailiffs for a warrant he hasn't got. Will update.... thanks all again
  2. I rang the court on Monday 14th and still he'd not got any warrant. There is tho the CCJ which I don't know who it was originally owed to. The courts emailed and told me it was to Phoenix Recoveries, but that sounds like a debt collection agency, and it was Arrow Global who took the case to court. I don't know how strong a case I have to get the CCJ set aside, and as there was no warrant I've had no costs cept 1 recorded delivery postage, do I wait to see what happens next, or make a case to set aside due to no proof of debt ?
  3. Friday 4th November BC's requested 28 days was up - had heard nothing. Been away for a few days, got back to this letter dated 11th November... "We refer to recent communication, Please note that we are no longer instructed in connection with this matter and have returned the account to our client. Yours sincerely" What do you make of that ?!
  4. Sounds like need to wait these 28 days to see if Bryan Carters come up with anything ? I can't put an N244 thru yet without knowing anything by the sounds of it, and until the 28 days is up. If nothing more comes thru from BC is there a failed CPR letter to send to the courts to request any documents ? I don't think I need to contact BC's by letter again whether they send stuff or not. While we're at the stage where they can still get a warrant, I don't think it's wise of me to start anything complaint wise against them, unless that would have a positive outcome for me ?
  5. Hi Ell-enn yes there is a claim number and blazed across the top of the letter and quoted again in the letter the warrant number. On their second letter they again mention the claim number, but not anything about a warrant. Perhaps if I'd ignored the first letter they would have paid for and issued the warrant ? The court lady I spoke to yesterday didn't know why they'd have numbers, although the court lady in my first conversation said they could. Adds to the scare tactics me thinx.
  6. According to Northampton court they haven't applied for the warrant yet, and I was told that if they do a court bailiff letter will come from my local court. Do I just wait the 28 days now to see what Bryan Carter comes up with ?
  7. Yes he did quote a number. Court when I rang two weeks ago didn't have anything, will call court again Monday and update here. Thanks for saying, had the idea they didn't need to show anything, for the CCJ I mean, don't know with the warrant ?
  8. Doesn't sound like he has the warrant yet, and if I didn't contest the court case before it went to CCJ, what would he have needed to show at court ? Anything ?? I don't know what they have to show to get an uncontested CCJ.
  9. An update.... Today letter received from Bryan Carter My questions are - no mention of the warrant, no court warrant letter yet received, will check again with the courts on Monday. Obviously they 'hope' to revert to me shortly, but they 'look forward to hearing from me in due course' ? Would this be after they have sent the documents to me within this 28 days ? Or where else would they file them ? What I'm trying to ask really is, what do I do next ? I did change my letter to them from what I originally posted, here's a copy of it..... I changed the documents I was asking for and the way I asked, the last paragraph as this is a CPR request after CCJ, and I also asked them to state the date for issuing the warrant. Thanks for advice
  10. Have done my letter - will be sending in the morning. Decided to ask for the particulars of claim form and copies of documents mentioned in it, and a copy of the warrant or execution, not mentioning till the end whether they have it yet or not. Added in my last paragraph.. Please note that if you should fail to comply with this request, fail to request more time or fail to respond, I will make an application to the court for an order that the judgement be set aside and a summary costs order. If the warrant of execution has already been issued, I will be requesting a suspension of this warrant as I have no idea what your claim is for. Any amendments before the morning I'd be grateful for if they're needed.
  11. Just read this further down in the other thread - I'm asking for documents to be given when I don't know what was mentioned on the Claim form. Need I then ask for specific documents, just forward me the ones they used to file their claim ?
  12. Thanks again - I've reworked the CPR31.14 letter from here - removing bits that referred to submitting my defence - and adding the bold text instead in places. Please feel free to tell me what isn't correct to write. My address Their address Date Dear Sir, Re: Arrow Global Guernsey Limited Your Reference: (number) Account number: (number) Claim No: (number) Judgement Balance Outstanding: (number) CPR 31.14 Request On 24th September I received a Warrant of Execution letter from you, (number). I will be requesting a suspension of the warrant as I have no idea what the claim is for. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents. 1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should have been attached to or served with the particulars of claim and the original(s) should have been available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2 the deed of assignment to Arrow Global Guernsey Limited 3 the debts original source company 4 the breakdown of the claimed balance showing the date of last payment to the account 5 the default notice 6 the warrant of execution You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this request and any future case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time before you enforce any action. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for commencing any action. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time before you enforce any action, I will make an application to the court for an order that the judgement be set aside and a summary costs order. yours faithfully My printed name
  13. Monday update - There is a CCJ, forms were sent to my correct address in November last year. Due to no action a default was filed. I can only suppose I ignored this, if I ever got them. I've had court papers in the past and have been able to stop action so I can't think why I didn't this time. However there is NO warrant issued according to the court, although she says he can have numbers already and he can do them overnight and at any time. Also say he might use a private bailiff ? As there is no warrant I need to now complete a N244 to object to the CCJ or wait until I have the response from the CPR31.14 request ? I agree there are debts out there I owe, I don't know which are out of date or not, or who this particular one was owed to before it went to Arrow Global. The court suggested I call Bryan Carters for details, obviously not, so I'm still writing a CPR31.14 requesting info. Do I tell BC's that I will be filling an N244 ? Thanks again
  14. Thanks ! I can rest a little easier.. till the morning... Will also ask if the court can tell me what documents they put forward in the claim, saying I'm after copies, either from them or BC.
  15. Thank you for that link - much of what I'm reading re the CPR forms are for pre trial and I cannot find anything mentioning after judgement. Will go back and look at the difference with my original SAR. Sorry my head is going round in circles at the moment with all these potential letters. I like someone also said, as most of my debts we 5 or 6 years ago, some even longer, I also don't know which this was and it's default date. Calling courts first thing and if judgement and warrant there will complete a N245.
  16. Regarding CPR request or SAR - I thought CPR request was made before judgement, if judgement has already been made on me I want to find out what information they used.
  17. Thanks for your advice everyone. Queensclose yes I thought it strange they were referring for issue of a warrant as I read on another BC thread that the court deals with it automatically, not them. My thinking is it's their attempt to get me to pay them instead of the bailiff ? Plan of action currently is - 1) Call court on Monday to check for CCJ and Warrant - I have a claim number. 2) Ask court if they would Stay action while I await all info from Subject Access Request from BC's as I wasn't aware of judgement and will be disputing it, applying for it to be set aside. Ask if court bailiff or BC's bailiff and the state of play with them just turning up or what i.e ask court what I can do at this stage with a disputed debt to stop bailiff knocking. 3) Write Subject Access Request to BC's (rang a debtline to find about doing this) asking for copies of warrant, judgement and the details of it, copy of the CCA and a breakdown of the amount claimed, how much initial debt, how much fees added, and finally copies of all the letters they've sent to me. They have up to 40 days to respond to this request. 4) Depending on courts answer to 2) apply for judgement to be set aside. Will update as I have more info Thanks for all the help so far
  18. Thanks padja - My letter is from Bryan Carter Solicitors LLP = Limited Liability Partnership I've had a few letters from them but none giving the definite 'we will' do something, unlike this letter. Thanks queensclose - sounds like Northampton Court is my first call Monday morning, interesting what you say about what kind of bailiff too and that a letter will be coming - before they knock ?
  19. Yesterday I received this letter from Brian Carter. YOUR ACCOUNT HAS NOW BEEN REFERRED FOR ISSUE OF A WARRANT OF EXECUTION UNDER WARRANT NUMBER ******* AT (INSERT MY ADDRESS) THE BAILIFF WILL NOW ATTEND YOUR PROPERTY, WHICH MAY RESULT IN THE SEIZURE OF YOUR ASSETS AND/OR POSSESSIONS UNLESS YOU REPLAY THE DEBT. I then goes on to say about how to pay and may agree payment plan. I have moved many times this past 6 years, I'm sure I do have CCJ's registered against me but this is the first time I've received a letter like this. Most debts were incurred 5 or 6 years ago when I was losing my home. It's regarding a debt with a company I do not know - Arrow Global ? DCA ? There is no court location or CCJ reference number for me to confirm the CCJ was made. Is it too late for me to request a CCA ? What can I do to find out which court ? If I knew what this debt was and I owed it, I would agree to a payment plan. Northampton seems to be mentioned a lot regarding Brian Carter, and I've read several threads concerning him - but not what to do and is this letter real or one of the 'may do something' letters that I've had from him and Fredricksons. I understand not to call them, and also any letter I write I should print my name not sign it. Thanks for your time with any advice.
×
×
  • Create New...