Firstly sorry it has taken me so long to try and write this:oops:

As you all know I went to court back in March, the morning went as follows:

The paperwork stated that I had to be at the court for 10.15am, not having been before I assumed that this was my time slot! I sat and waited and finally got my chance at 11.30am.

I went in full of confidence and armed with all the information that I thought I need (following the advice of a couple of lovely chaps!) I was polite and explained that I was a litigant in person and had limited knowledge of the law. I thought that the hearing was just to hear my motion to have the claim dismissed or to force Cope's to ammend they POC's! How wrong was I?

Cope's had requested a summary judgement and to have my defence struck out, I KNEW NOTHING ABOUT THIS:eek:

I was immediately put on the back foot and the judge did not seem interested in anything that I had to say, he just kept saying that I knew what this was all about and that I owed them the money, and although I was prepared for some of his questions I wasn't prepared for a judge that didn't seem to care what points I raised ie that cope's had not set out their claim correctly, who the money was due to, that there was no date of default etc

On my N244 I was either asking for their claim to be struck out or failing that I was asking the court to get cope's to ammend their POC's, the judge dismissed my claim and dismissed their summary judgement request! But, I tried to push the issue and eventually got the judge to order that they ammend their POC's within a given time period, 14 days and that I then be given a further 14 days to file my defence.

The judge did not award me my costs, even though he had actually ordered Cope's to ammend their POC's which was part of my N244 as an either or

Also, as I was leaving the judge's chambers the judge said "as you know what this is all about I suggest that you call them and come to some arrangement" I didn't respond to him but couldn't beleve that he had said it!

Right from the start of the hearing I got the feeling that the judge didn't care about any points of law that I raised, in his eyes I had borrowed the money and therefore I had to pay it back regardless and to be honest I felt that he was already on their side.......

Got the order back from the court 4 days after the hearing.

Two weeks after the hearing I got a letter from Cope's stating that they had already received a judgement against me and that they were going to seek an attachment of earnings order:eek: OMG I panicked thinking that perhaps something had happened that I didn't know about, bearing in mind that they had made a request for summary judgement without informing me so it was quite possible that they had done something else!

Sorry forgot to add a comment from the judge, he said that he felt that there were websites out there that were offering advice and that he implied that people like me would be better off not getting advice from such sites and that I knew what it was all about!

I will leave it there for a bit and continue with the saga later

I will certainly update the thread asap, I am just trying to keep the essay to a minimum with all the facts in the right order!

I can now let you all know what happened and when, but as you can see from the title I received a nice letter in the post today:D, this smiley is definately showing the grin on my face at the moment!

Thank you so much to all of you that have helped me;), it is very much appreciated:smile:

Hi all, just to keep you up to speed!

I have received a Notice of Hearing Application from my local court and the date is set for 2nd March 2009, but as of yet I have not received and Allocation Questionairre..

My feelings now are that preverbial brick depositing from a rear orafice:eek:

All this means is that the claim will be transferred to your local county court. You should receive an 'Allocation Questionnaire' next from the court to complete. There's a sticky above on completion of AQs, so don't worry. Come back when you receive the AQ.

Thanks for the help docman:)

Me again:rolleyes:

After saying that I have heard nothing and that I am still waiting, this morning I got a letter from NCC bulk centre saying that;

"as a result of an order made on 16 January 2009, this claim has been transferred to ****** Countu Court"

Whay could I not have been told this when I rang?

The letter also has a note on it that says

NOTE: A party affected by this Order may under Rule 23.10 apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.10 within 7 days of service of this order.

What does all of this mean? And what happens now?

Will I get something from my local court to tell me when etc? Or do I need to contact them myself?

Thanks in advance as always.

MM

Hi mighty-midget,

 

Are there any further developments, did you complete the N244?

 

I would be interested to know what happened.

 

Regards

SC

Hi SC,

Sorry not been around much lately, my TFT went bang:eek:

I did send off the N244 but have heard nothing from the court, although I did try to call them and I think that I got the YTS girl:rolleyes: So no help really I will ring them again to see if a judge has had a chance to look over everything!

Have had some paperwork from Cope's but TBH you can't really read it as the quality is really bad.

So, I guess what I am trying to say is that I am still playing the waiting game.

Thanks for the interest.

MM

Thanks pt and jonni2bad:)

Also thanks to Docman and upto the eyeballs for your help and support, as I have said before it is very much appreciated:)

Right guys, I have had absolutley sod all of the requested paperwork back and the 7 days were up yesterday, but I gave it until today (just because the post around here is rubbish at the moment:roll:)

So now I need to do the N244 form ready to put into the court on Monday morning, any advice would be welcome, as always.

Thanks in advance

MM

Thanks jonni2bad for the helpful advice and support:)

Again, this is just for info

I know that cope's have received my letter and as of today (3rd dec) I have had none of the requested info back.

I am doing this for myself as well as others (in case anyone is interested), the court received my defence today the 28th November and say that they have now processed it.

So, if I have got this right cope's now have until next Friday to ammend their claim. If they don't, then what next?

Thanks pt for your help.

I posted the defence to the court on the 25th November and the letter to cope's at the same time. I called the court earlier and as of 1pm today they say that they haven't received it. I will try and call again later as I am a little nervous that it hasn't arrived.

Hi,

 

I believe a friend has spoken to you with regards to this case.

 

The defence i posted is part of a wider strategy where the other side fails to put together an adequate statement of case

 

the letter is for Copes inviting them to enter a correct statement of case which adequately pleads their case . you should send the court the defence listed and also send a copy to copes with the letter above

 

after seven days have passed then you should make an application to have the court look at their case and order the necessary adjustments

 

we recently used an application against there people to good effect which i am sure you are aware

 

I have been unable to find the application that i drafted for my friend so i have asked them to forward you a copy direct.

 

I realise that the forum rules do not allow in normal circumstances for things to be done in private however due to the fact that the person concerned is still involved within proceedings we are unable to post details on this thread

 

as i said though i understand that you will be given a copy of said application to deal with this

Thank you pt2537

Just one question, I see from the letters that you posted that I am required to sign the letter to the court but if I send a copy to cope's do I sign it or just type my name?

Once again, I really can't thank everyone enough for all the help.

MM

Hi MM

 

Can you post the details of the Claimants P.O.C (particulars of claim)type out verbatum if ness.Difficuillt to prepare an holding defence without knowing what they are claiming;)

 

Regards

Andy

Andy, here's the P.O.C (sorry I typed them in)

The Particulars of the claim say the following;

1. The claimant is assignee of the debt from MBNA Bank (Europe) Limited ("The Assignor") The claim represents the balance of payments due under a loan agreement made between the assignor and the defendant regulated by the Consumer Credit Act 1974.

2. The agreement provides for:

Payment for equal monthly installments; and

in default the assignor may recover the balance of the principal sum: and

all charges provided for.

3. In breach of said agreement the defendant failed to make payment or comply with a default notice served by the assignee the agreement was terminated accordingly.

4. The balance payable by the defendant is £xxxxx, which is claimed together with costs.

The claim for has been issued by Northampton County Court Bulk Centre, and the claimant is Arrow Global LLC, and the address for sending documents and payments reads Cope's Solicitors.

Heres a doc that i have used quite successfully, it is an interim defence that you can use

 

the letter above should be sent to Copes inviting them to plead their case effectively and if they do not in the time frames set out then make an application before the court to ask that the court strike out their case

 

I will post up a draft application shortly that again was used to good effect recently

Thank you so much pt2537, I am truly grateful for all of the help and support that I am receiving from all on the site.

Just to clarify, do I send the two letters (court and cope's) out recorded delivery?

Thanks again

MM

Thanks as always Andy:)

What do I need to do first? Sorry if I sound a bit stupid but I really am clueless!

OK, guys it's me again!

If the letters were received on the 4th November, then should I have heard something from either Cope's or Arrow Global by now?

I have had absolutely nothing from them, so what do I do now?

Just a quick question that has just occured to me, because I sent the CCA and CPR requests by guaranteed next day delivery do I need to add postage time? I know that this seems like a stupid question but it will be 14 days on the 18th Nov since they received their relevant requests!

Hi MM and welcome to CAG,

 

These cretins are just bullies. Stick to the advice from andy and you will get through. It will be a long road but don't give up. Like all bullies, once you stand up to them, they move onto the next victim.

 

Doc

Thank you for the kind words Docman, it is appreciated:)

Just for info I have checked and both the letters have been received by Cope's and Arrow Global, so I will see if I get any reply from either or both of them

Correct well i get the 29th Nov, you did have until the the 15th to submit your AoS but if you stick to the 28th for safety, you will be fine.

 

 

 

Regards

 

Andy

Thanks again Andy

hi,

just to say i fought these claimants, (?) , with loads of help from here,before, and won!

now they are back for more.

but take heart! with help from here. you'll do fine

good luck

Thank you for your kind words and thoughts stephen7, I appreciate it

Thank you Andy.

For reference the dates are:

Court papers date 27th October

AoS 3rd November

Deadline for defence (by my reckoning) 28th November?

OK done that

Do I just wait now?

How do I put together a defence?

Sorry lots of questions I know

Hey guys, it's the scared out of her wits Mrs MM this time:eek:

I have posted the CCA to Arrow Global and the CPR to Cope's although the post office didn't recognise Cope's address.

Do I now need to go on to MCOL and register my intent on there?

Also what happens now?

Thanks again for all the help.

Hi again, and sorry to be a pain but looking through my post I have just found a letter that I received yesterday dated 24th October 2008 saying the following:

Re: Arrow Global LLC

Dear *********

We act for the above named who instructed us that you owe the sum of £xxxxxxx. You have previously received notice persuant to the Law of Property Act 1925, that our client obtained the debt by way of assignment account number xxxxxxxxxx

You have failed to make payment as requested and/or you have refused to make payment. Our client is no longer prepared to tolerate your failure to pay the debt and we have been instructed to consider taking legal proceedings against you in the county court unless you pay the sum of £xxxxx within 10 days from the date of this letter. From the information currently available, our client is confident of obtaining a judgement order against you (it is not believed that you have a legitimate or any defense in the sum of £xxxxx plus court fees and solicitors costs. - NOTE: YOU SHOULD BE AWARE THAT LEGAL COSTS WILL BE ADDED TO THE DEBT.

In the circumstances, you should be aware os the methods of enforcement available to our client upon the making of a judgement order against you, as follows:-

WARRANT OF EXECUTION - this will involve county court baliffs attending your home with a view to removing your goods for sale at public auction. The actual price obtained on the sale of the goods will fall far short of that which you have paid when new. As a result a large amount of goods may be removed to cover a moderate debt.

ATTACHMENT OF EARNINGS ORDER - This is an order which allows money to pay your debt to be deducted by the county court from your wages. The county court documentation would be served on your employer and they would be ordered to deduct what ever monthly installment is ordered by the court.

EXAMINATION OF DEBTOR - Application can be made to the county court for an order requiring that you attend to be cross examined as to your income, expenditure and assets. You will be required to produce all documentory evidence available, including bank statements, wage slips, car and property details the purpose is to allow a decision to be made as tp the best method of enforcement of the debt. Failure to attend court will result in an order being made for contempt. This could have very serious conseqences.

SMALL DEBTS - we find that many debtors believe that creditors will not persue small debts via the court system. Arrow Global LLC has no hesitation in utilising the full extent of the court system to obtain payments of all debts, large or small. You should not forget that any expenses incurred as a consequence of issuing proceedings, will be reclaimed from you. For example a £100 debt can easily become £200.

Please do not under estimate the resolve of Arrow Global LLC and the willingness to persue you via County Court proceedings. All the costs and expenses involved maybe added to your debt and vigorously persued.

then it's signed cope's

Does this have any bearing as I received the court papers today the 28th dated 27th october 2008? They haven't even waited the 10 days!

If the payment is minimal then let it ride during the process and dont involve Payplan if its considerable and you could use it far better then stop it and inform Payplan of your reasons.

 

Andy;)

It's minimal and part of a larger payment plan that we make to payplan, so I'll leave it for now because at least it shows that I have been trying to deal with my debts.

Thanks again Andy for your help and advice, it is really appreciated.

That is correct if you follow Payplans advice as you state yourself above you will end up ith a CCJ for 6 years.Trust me you are better doing this yourself and stop payments also now that litigation as commenced.

 

Regards

 

Andy;)

Thank you sooo much, my wife is in such a state and doesn't know which way to turn.

Can I just ring Payplan and tell them to stop the payments or will this get me in more trouble?

Thanks Andy.

I just need to get this straight in my head because it is spinning at an amazing rate of knots!

I need to send a CCA to Arrow Global, and a CPR to Cope's. And I need to log onto MCOL and register that I intend to defend the whole claim?

What do I do about Payplan? They have told me to fill in the form and send it to their legal department:-?