Arrow court claim - help with defence please **WON** they gave up and ran away

[theoldie]

Hi All,theoldie here,

 

Got another one today

 

http://i139.photobucket.com/albums/q291/ian29smith/ARROWXed.jpg

Have previously CCAed this to no reply

 

Held off for so long, gotta do something now,14 days up Tues, CCJ claim dated 22Jan.

I thought I had read 16 days somewhere :

County Court Claims and County Court Judgments (CCJs) : Directgov - Money, tax and benefits

 

Got the CCJ back from the dmc admission filled in.

 

Either fight or admission.

Could send admission in for special next day delivery tomorrow,or...

 

Did make up a letter :

I believe the level of interest is extortionate (ten times current rates 21% !) and ask the court to open the credit agreement (I have no recollection of this agreement).

 

Under sections 137-140 of the CCA 1974, a borrower can ask the court to examine a credit agreement if the rate

of interest is extortionate.

 

I also believe this "MBNA" account to be unenforceable because they failed to produce a Consumer Credit Agreement on statutory request by me, and I therefore request that the court should request an executed Consumer Credit Agreement with prescribed terms from Arrow Global LLC in order that enforceability should be confirmed.

 

Whilst the court may view this return as a straightforward admission, I believe this account may well be unenforcable and will seek a setaside on further evidence arising.

 

I have made regular uninterupted monthly payments to the debt management since September 2006, due to redundancy and ongoing unemployment, due in some part to a high level of young 'East European' immigrants in this area ( I am a pensioner). .

I previously had an excellent credit rating."

 

 

CAB says admit it (they have such an attitude),

 

Walked into AgeConcern, Im 62. and met a "Real Debt Advisor" who agreed theyre acting illegally with no cca, and said how can you pay it back with an apr of 200+% , (I havent met anyone else that said this) she seemed so sympathetic, she said 'admit it, you cant do anything.'

The male receptionist there had such an attitude,

those with attitude - theyre everywhere.

 

I have rang CCCS before re CCA's and he said it is 'just a 'technicality' and that is what a judge would say'

 

My dmc has the universal (nearly) lay down and die line,

 

You people here are the sole people to say get up and fight.

 

I dont think there is anyone else.

 

You people are the only accessible people who seem to know what youre talking about with this stuff.

 

I am so alone with the knowledge I have read here, no one I know personally knows what Im talking about.

Everyone believes I dont know what Im doing enough to be able to fight it, like give in its too much for you.

[Struggling_Simon]

If your CCA request is not fulfilled with the 12+2 days , the debt cannot be enforced as it is in dispute.

 

Seems that this has gone beyond that. I'd be inclined to say fight it by using the court rules for disclosure, the bottom line is that if they cannot produce the CCA, it's a total defence for you.

 

I'm no expert mind, I'm just tryng to be logical. Somone will surely put me right, if I'm mistaken.

 

If I've helped click my scales.

[Tau]

Hi oldie

 

One thing is for sure, you are not alone any longer. Take notice of what people say here and you wont go far wrong. There are plenty of knowlegable people here and they will steer you in the right direction to put this problem to bed one way or another.

We have all been in the same predicament that you find yourself in now.

 

The consumer is fighting back and the creditors dont like it one little bit.

 

If you need to come here and just have a rant, then feel free, there is always someone around to listen to you and give some good advice.

[theoldie]

http://i139.photobucket.com/albums/q291/ian29smith/Clipboard01.jpg

 

http://i139.photobucket.com/albums/q291/ian29smith/WelcometoRoyalMailarrow.jpg

 

http://i139.photobucket.com/albums/q291/ian29smith/ArrowCCASpecialXedSmall.jpg

 

http://i139.photobucket.com/albums/q291/ian29smith/ArrowCCAXed.jpg

[tomterm8]

Hmph, have you acknowledged service, specifying that your will defend the debt in full, and sent the CPR request letter yet?

[theoldie]

Hi Tom

 

Yes, I have , all of these.

[theoldie]

What are "Court rules for disclosure" ?

[Edz11]

Details...

What date is the claim form (form N1 - number is bottom right hand corner)

 

Is it from Northampton (the computerised centre)?

[theoldie]

Details...

What date is the claim form (form N1 - number is bottom right hand corner)

 

Is it from Northampton (the computerised centre)?

 

Hi Ed

 

Issue date- 22nd Jan

http://i139.photobucket.com/albums/q291/ian29smith/Claimdate.jpg

 

Acknowledgement- today 4th Feb

http://i139.photobucket.com/albums/q291/ian29smith/AcknowledgmentofServiceXed.jpg

[theoldie]

Would someone please suggest the wording, using reference to statute ( using real english and avoiding legal-eze if possible), I could use to defend my position in this case where a valid CCA is not forthcoming (so far) from Arrow.

 

As previously predicted, ( maybe dont count me chickens before....), I have not recieved any correspondence from Arrow in response to my letter :-

 

http://i139.photobucket.com/albums/q291/ian29smith/Letterxed.jpg

 

Posted to Arrow :-

http://i139.photobucket.com/albums/q291/ian29smith/arrowcrpspecialxed.jpg

 

And Copied (with reference to Arrow) to Mortimer :-

 

http://i139.photobucket.com/albums/q291/ian29smith/mortimer-arrowrcdedxed.jpg

I know-they look the same.

 

Would some one please inform me as to the court procedure timeline,

 

I have stated online that I will defend my case :-

 

http://i139.photobucket.com/albums/q291/ian29smith/AcknowledgmentofServiceXed.jpg

[robcag]

Would some one please inform me as to the court procedure timeline,

 

I have stated online that I will defend my case :-

 

 

Hi theoldie

 

I'm glad you've decided to stick up for yourself and fight these vermin.

 

Although my knowledge is not up to the standard of the experts on here, in my humble opinion you appear to have done everything right so far with regards to replying to the claim.

 

By my reckoning you have until 4:00pm on 22 Feb 2008 to get your defence filed with the court (because the actual date of your time limit falls on Sunday 24th).

 

As it seems that the claimants are not playing ball by providing you with the documents you have requested, then you may have to enter a "limited" defence, but reserving the right to amend your defence at a later date. I am not knowledgeable enough to suggest what you should write, but I am responding partly to give you encouragement.

 

Please do not enter a defence without waiting for one of the more knowledgeable people on here to assist/advise you as we would not want you to prejudice your position would we .

 

Good luck with this, and I'm sure someone will be along to help soon!

 

Rob

[robcag]

Hi theoldie

 

Don't get me wrong (I'm just trying to help ), but you haven't actually got a CCJ against you in this claim by Arrow against you!

 

Perhaps you could ask a site moderator (possibly by PM'ing if necessary) to alter the title of your thread to something like "Arrow court claim - help with defence please", which might draw it to the attention of one of the very knowledgeable helpers who would be willing to advise you better on your defence.

 

Just my 2p worth, and I'm sure you'll get some good responses soon!

 

Rob

[Edz11]

The clock started on 27 January (which is the efective date of service). On 19 February I'd fax them late in the day (hope you've got a fax number for them). I'd simply ask for a copy of the CCA and statements which you need urgently to prepare your defence. They should send them by business post so that you will receive them in time to prepare your defence.

 

They won't reply so on your defence you say that information was requested fro the claimant to enable you to defend the claim but that they haven't replied. You say that you wish to make a full defence if they finally get aroud to sending you the information over the next week or two.

 

You'll get an allocation questionaire after that. Then it's CPR18 time (a formal request).

[theoldie]

Thank you EDz for your helpful comments, 'date of service' is different from 'date of issue' ?

 

 

There seems to be some doubt as to the legality of the UK Arrow Global LLC operation ? :-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/123101-arrow-global-2.html#post1281239

 

Ref

http://i139.photobucket.com/albums/q291/ian29smith/ARROWXed.jpg

 

I am considering requesting proof of their consumer credit license and would like opinions, and on the following draft to the OFT.

 

"I am defending a money claim from Arrow Global LLC, and wish to ascertain the legality of their UK operation.

This letter and your reply will be put before a District Judge.

Would you please return proof of a consumer credit licence ownership by Arrow Global LLC.

Yours...."

[tomterm8]

Hrm, have you phoned court to find out when your defence is due?

[robcag]

Thank you EDz for your helpful comments, 'date of service' is different from 'date of issue' ?

 

Hi theoldie

 

If you look on the back of the claim form you will see that it tells you this (2nd paragraph down on the right)

 

 

Hrm, have you phoned court to find out when your defence is due?

 

Hi tomterm

 

To save a bit of your time, in post #9 of this thread the date of issue of the claim is given as 22 Jan 2008, see the following link

 

http://i139.photobucket.com/albums/q291/ian29smith/Claimdate.jpg

 

 

Cheers

Rob

[theoldie]

Rang court who said defense should be in by 24thFeb.

On rechecking, cos this is a Sunday, she said that as this is a non working day it will be 4.00pm the following day 25thFeb.

[tomterm8]

Hrm... I'm not sure she's got that right, mate. If the submission date falls on the weekend, then I believe the deadline is moved forward, i.e. to the friday.

[theoldie]

Safer to work to earlier deadline date anyway ?

[robcag]

Which brings us full circle back to post #11

 

Still no nearer to drafting a defence but plenty of time in hand

 

Rob

[Edz11]

plenty of time for you but the pressure will be on Arrow shortly.

 

I wouldn't stress too much about contacting the OFT. Bugs Bunny can take you to court if he thinks you owe him carrots...

[robcag]

Hi theoldie

 

Any progress with this or any requested documents received yet?

 

Rob

[theoldie]

No progress, or reply from Arrow/Mortimer so far.

[theoldie]

Ten days later 16th Feb and no reply recieved,

 

http://i139.photobucket.com/albums/q291/ian29smith/arrowcrpspecialxed.jpg

 

In what form should a defense be placed ?

A letter to the court?

[AndyOrch]

Hi Oldie

 

I take it you are refereing to your CPR 18 request non complience which is frustrating your efforts to detail a defence? The stark reality is that in most cases a reply is never recieved because the claiments are depending on you not to defend and therefore aquiring a summery judgement by default.These claims are issued like confetti and when you submit your AOS and intend to defend this basically floors the claiment so its no suprise you will not recieve anything in time for said defence.

You must now enter into this with the view of creating an holding defence and play them at their own game,with view to amendement when and such time the information is disclosed.After submission of your holding defence and still nothing recieved then you will submit notice to court and request their complience in the matter.If they still refuse then their claim will be stayed until such time they do disclose and the claiment revives the claim at their own cost.So start to browse the site and find a similar scenario as yours and start to draft your holding defence.Failure to submit anything on time could prove costly to yourself.

 

I trust the above is of help

 

Regards

Andy