Arrow Global - suddenly taking me to court!!

[42man]

Kipper did you ever send them any CPR letter ? (Civil Procedure Rule) letter ? This link might help you on the AQ - http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

Can you post up the 'judgment has been awarded letter ? This would be seen as an attempt to mislead you....

[42man]

I'll move this to the legal forums too...

[I've got no money]

Arrow somehow forgot all about this. And stupidly, so did I.

The case was apparantly "stayed" sometime last year as the claimant never contacted the court.

Anyway I haven't had much time over the last couple of months to do anything but was wondering if anyone can give a bit of advice on the case now?

 

I received a letter 20/4/09. Saying that Arrow had been awarded a CCJ against me and that an attachment of earnings order had been made against me????

I then phoned the court, who told me the case was stayed??

They told me to file my defence, which I then did.

 

I have now recieved an AQ from the court and a letter from Arrow's sol's basically saying that they have requested the credit agreement, statement of account, notice of assignment etc. (there has been a delay retrieving the data from their archives).

 

I'm concerned with a couple of sentences in the letter;

In your defence you do not deny that you owe this debt.

You are merely requesting proof of the debt. Despite the fact that you have indicated to our customer advisors that you would be prepared to settle the debt, the notes on your account history may include instructions from our client which are deemed privelege information by the courts and any request of this nature should be made by application to the courts.

 

I realise i've been totally stupid by thinking this would go away but does anyone think i should still try and defend at this late stage??

 

Ps.. I have received an application form from them (online app) and a Notice Of Assignment (From themselves).

 

I've just realised I didn't answer the original question - should I defend it at this late stage - the short answer - is we can't be certain until we see the docs but it is very likely that you can and should

[Kipper1977]

IN THE NORTHAMPTON (CCBC) COUNTY COURT

CLAIM NUMBER ************

BETWEEN:

COPE’S SOLICITORS

Claimant

And

kipper1977

Defendant

 

DEFENCE

Dated 8th October 2008

 

1. On 27 June 2008 Arrow Global LLC commenced proceedings against the defendant for £3188.98 plus interest, a debt allegedly incurred under a credit agreement between the defendant and MBNA Europe Bank Ltd.

2. The Claimant states the debt was assigned them by a deed of assignment dated 15 January 2007.

3. The claimant’s solicitors were requested by letter dated 5th July 2008 to produce the following various documents under Part 18.1 of the Civil Procedure Rules viz., a copy of the executed credit agreement, a true copy of the alleged assignment and any default notice from the original creditor together with some form of proof of postage that this notice was sent to the correct address and was served with the proper notice before this claim was submitted.

4. To date, the claimant’s solicitors have acknowledged the request but not supplied the requested documentation.

5. The defendant has not received a copy of any default notice from the claimant, and asks that the claimant provides the court with a true copy of such a notice, and with some form of proof of postage that this notice was sent to the correct address and was served with the proper notice before this claim was submitted.

6.The defendant seeks an order that the claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot be enforced following the claimant’s default in failing to supply a true copy of the executed credit agreement as required by S78 (1) of the Consumer Credit Act 1974.

7. In the alternative, the defendant respectfully asks the court to order the disclosure of the credit agreement, notice of default in the form required by the Consumer Credit Act 1974, and notice of assignment in the form required by the Law of Property Act 1925.The defendant also requests that the court order the claimant to disclose a list of all charges made to the account and a list of the costs associated with each charge for the last 6 years in order for them to prove that the debt amounts to the amount claimed.

8. The defendant also respectfully asks the permission of the court to amend this defence when the above documents are provided by the claimant.

 

[Kipper1977]

This is my defence. I can only type the DN up, will this be any good?

[Kipper1977]

The court date for my case is 20th of this month, i tried to settle with Arrow's solicitors over the last week or so but they insisted it was too late. Anyway, on their witness statement they've now added £665 in costs to the claim, Can they do this on small claims track? Thanks in advance for any replies.

Oh and the reason i left this was because i was going through the threat of reposession of my house & a break up, so i thought sod it they can do what they like. stupid, i know.

Should I even send a witness statement in? Should i even turn up to court?