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johnny aardvark

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About johnny aardvark

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  1. Quick update Filed defence and the case was stayed awaiting Arrow Globals next move. last week received an alleged CCA from Global it was a photo copy of M&S existing terms and conditions. Arrow stated in their strangely worded letter they dont need an original or signatures etc so i should pay up )
  2. thanks dx done homework and read SAR thread now and will enclose Ctax bill
  3. a small possibility that M&S used a buy to let prop address that i once had but no bills and letters etc were ever delivered there so i guess their records are messed up. i presume the SARs request will confirm either way. i am re-sending today as they have sent postal order back and asked me to reissue the request with signature and address update !!
  4. hi i ended up a bit rushed on the day and sent the above as defence on MCOL J AA
  5. How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form. Do you dispute this claim because you have already paid it? No, for other reasons. Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. (paragraph 1 of Particulars of claim) 3. I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925. (paragraph 2 of Particulars of claim) On receipt of this claim I requested information pertaining to this claim from Reston Solicitors by way of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on the 18th September 2015 and no response has been received. On receipt of this claim I requested information pertaining to this claim from Arrow Global Ltd. by way of a Section 77/78 request. To date I have yet to receive a satisfactory response complying with the request. This was posted on the 18th September 2015 and signed for as received on the 25th September 2015 Therefore with the courts permission the Claimant is put to strict proof to: (a)Show and disclose how the Defendant has entered into an agreement; and (b) Show and disclose how the Claimant has reached the amount claimed for; © Show how the agreement was legally terminated to allow the claimant relief. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. 6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief including interest pursuant to S69 of the county courticon Act. (paragraphs 3,4 and 5 of the Particulars of Claim) Signed I am the Defendant - I believe that the facts stated in this form are true xxxxxxxxxxx
  6. Thanks Defence filed ! Received letter from court saying the claimant has 28 days to contact the court etc if they wish to proceed. Still no reply to CCA request and with regard to SAR request M&S sent letter saying they have a different address on file although i have lived at same address for years and for me to sign letter. Funny though how Arrow Global and Restons know the address !! thanks
  7. sorry a little more.... the 16 digit a/c no. **************** Date item Value 27/10 default £3500 Post Refri Cr Nil Toatal £3500
  8. Hi Claimant is Arrow Global issue date 14 th Sept Particulars of Claim " The Claimant claims payment of overdue balance due from defendant under a contract between defendant and M&S Financial Services PLC dated on or about Oct 27 2003 and assigned to the claimant Feb 21 2013 " Default balance £3500 the 16 digit a/c no. **************** Date item Value 27/10 default £3500 Post Refri Cr Nil Toatal £3500 It was a store Store Card im sure i have been notified of assignment etc Nothing paid since 2009 ish pretty much just ignored all correspondence as not in position to pay thanks
  9. Hi All Received a County Court Summons 14th Sept 2015 from Arrow Global(claimant) on an M&S card debt assigned to them on Feb 2013. I acknowledged and have to file defence on the 17th October. I sent CCA request to Arrow Global 0n 18th Sept and they replied on 25th Sept saying that they do not accept they are the creditor as envisaged by the statute however they are willing to help and process docs from the creditor ...however nothing received as yet also they confirmed all collection activity will be suspended pending provision of docs. I presume this wont mean they have halted court summons so i will still defend. Question .....? Is my defence that they havent complied with CCA request and that as per their letter of 25th Sept they have stated that all collection activity will be suspended pending provision of CCA documents Thanks
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