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

[Edz11]

Details...

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

 

Is it from Northampton (the computerised centre)?

[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).

[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...

[Edz11]

I should get your fax to Arrow Global ready for sending on Tuesday. Along these lines?

 

I need the following information/documents in order to complete my defence against the claim you have comenced in Northampton County Court;

1) I need a true copy of the executed Credit agreement, containing the prescribed terms, that is referred to in your claim.

2) You are asked to supply the me with a copy of the default notice which must have been issued prior to the commencement of this claim.

3) You are requested to supply me with a signed true copy of the Notice/Deed of assignment of the debt if you are not th original creditor.

4) You are asked to supply me with a statement of account, representing a breakdown of the amount shown in the claim. The statement of account should detail;

a) The principal,

b) Any and all payments made on the account,

c) Any charges, fees and interest charged to the account and (with the exception of charges of interest) a list and details of the actual costs associated with each charge for the last 6 years in order for them to prove that the debt amounts to the amount claimed and that the charge or fee is contractually based.

In order that this information is received in time to prepare my defence you are requested to forward it by special delivery business post so it reaches me no later than Friday 22 February 2008.

[Edz11]

Strictly it isn't a valid CPR 18 request. To be so it has to comply with the CPR's and part of them is that the letter must be headed "Request for information under CPR 18".

 

There are two approaches to defending bare claims. Hit them hard and heavy at every stage. Or subtle and softly softly.

 

The hard approach is defensive but from what I've seen on here it doesn't seem to avoid the problems - such as directions hearings etc. I'm guessing but when the Judge sees the ton of paperwork with long screeds fresh from Northampton he thinks "oh sh!t - I haven't got time lets have a hearing". The subtle approach (it worked for me) was bare minimum of correspondence and so when the Judge looked at it for the first time there was little to look at other than a Claimant that was clearly not prosecuting the claim. The Judge could weigh it up in two minutes and I got a unless order with a strike out. It was struck out.

 

There are risks with every approach. what mood the Judge is in, etc etc. But if the case is pushed onto the pile that is marked "dithering claimant" and it's simple then there's more chance of a strike out if it's simple - so to speak...

 

And I'd ring for the fax number!