Arrows/Marlins Claimform - old LLoyds loan no CCA-**WON..DISC'D+COSTS**

[wakeywakey]

Ok, Sent off today, recorded delivery.

So what happens if

 

Not sure of the implications of sending this off, so could you advise me as to what the different scenarios will mean to me?

 

Thanks again

[surfaceagentx20]

What, all of them? The scenarios are many faceted, all depending upon whether any and if so what response is received.

 

Since the letter requires a response within 7 days, I suggest the scenario for discussion will be the one which pertains in 7 days time.

 

x20

[wakeywakey]

OK Thanks m8.

Will let you know when or if I get a reply

[wakeywakey]

Well, its been 6 days and heard nothing.

My defence needs to be in by 28th which is Sunday so I really need to send it tomorrow (Thursday) to arrive Friday

 

So, saying that I still hear nothing tomorrow morning (7th day), will I need to add anything to my defence?

[wakeywakey]

Surprise, surprise, they wrote back saying exactly the same.

"We are not obliged to provide this information"

 

I really am getting confused.

Why am I fighting when they don't have to prove anything?

The laws gone mad.

 

Anyway, what to do now is the question?

[surfaceagentx20]

You may either:

 

[1] put in the Defence along the lines I drafted and which appears at post no13, or

[2] put in an application notice in Form N244

 

If you opt for option [2],

 

in box [3] of the N24 write:

 

'An order that unless within 14 days of the making of an order upon this application the Claimant complies with a request made by the Defendant on (date) pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the default notice and [3] the assignment, the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court with the costs of this case to be paid by the Claimant to the Defendant to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

The application is made because of the Claimant's refusal to comply with the Defendant's CPR 31.14 request and the documents are required owing to the age of the case and to enable the proper preparation of a Defence.'

 

In Box 4 write: 'Yes'

In Box 5 write: 'Without a hearing'

Ignore Box 6

In Box 7 write: 'None'

In Box 8 write: 'District Judge'

In Box 9 write: 'Claimant'

 

In Box 10 tick the box marked 'the evidence set out in the box below' and beneath it write:

 

'On (date), following service of the Claim Form in this case, I wrote to the Claimant requesting inspection of documents mentioned in the Particulars of Claim pursuant to CPR 31.14. A copy of my letter of request is attached to this application notice marked 'A'.

 

The Claimant replied by letter dated (date) rejecting my request on the ground it had no obligation to comply. A copy of this reply is attached to this application notice marked 'B'.

 

The agreement relied upon by the Claimant is now very old. The documents sought by my request are essential for the proper preparation of my defence and the determination of the claim and CPR 31.14 afford me a right to inspect those documents.'

 

Sign the statement, attach the copies and complete the remainder of the N244 in the usual way applicable to your case.

 

On a separate piece of paper to be attached to your application notice, write this:

 

Claim No:

 

Draft Order

 

1 Unless by 4:00pm on (date) the Claimant complies with a request made by the Defendant on (date) pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the default notice and [3] the assignment,

 

the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court, and

[ii] the Claimant shall pay the Defendant his/her costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

2 In the event that the Claimant shall comply with this order,

the Defendant shall file and serve a Defence by 4:00pm on (date) and

[ii] the Claimant shall pay the Defendant his/her costs of this application [in any event] [assessed in the sum of £130.00]

 

x20

 

 

[wakeywakey]

x20. Thanks again for your advice.

 

Is there any cost for a N244?

[surfaceagentx20]

Yes and sorry, I should have said. A fee of £75.00 payable to HMCS unless you're exempt from court fees.

 

x20

[wakeywakey]

Blimey, I can't afford that just now.

 

So I have entered my defence online.

 

Can I still send the N44 when I can get the money?

[surfaceagentx20]

It would be contradictory to file an application saying you need the documents to prepare a defence if you have already delivered one. I wouldn't bother therefore. Instead, save things up and use the material at the AQ stage.

 

x20

[wakeywakey]

Letter from Mortimer Clarke Solicitors dated 16th Oct 08.

 

Arrow Global v me

 

We write in reference to the above matter and in particular your Defence dated 25th Sept 08.

 

We can confirm that you entered into a Loan agreement with Llyods Bank TSB PLC on the 21 Jan 1991.

 

We can confirm that we have requested the relevant documentation from our client: however we note from our clients records that you have made monthly instalments towards the outstanding balance, we therefore believe that the grounds on which you intend to defend the claim are misconceived as the payment made are an admission to the above claim.

 

However, in order to settle this matter amicably without the need for protracted litigation our client is willing yo accept the amount of £1253.53 Payable by monthly instalments of £10

 

Please find enclosed the draft Consent Order in duplicate confirming the terms of the proposed settlement. Please endorse your signature on both pages of the consent Order and return it to our address as listed above within the next 10 days.

 

End

 

----------------------------------------------------------------

 

The Consent Order states:

 

In the Northampton CC Bulk centre

Claim No *********

 

Upon the parties having agreed terms of settlement

 

By Consent

 

It is ordered that all further proceedings herein be stayed upon the terms set out in schedule 1 hereto save for the purpose of enforcing or carrying into effects the said terms with liberty to apply for that purpose.

 

AND IT IS FURTHER ORDERED that the parties do perform and abide by the terms set out in the schedule hereto.

 

AND IT IS FURTHER ORDERED that there be no order for costs

 

Dated and named......

 

Schedule 1 states:

 

1. The claimant will accept £1253 (the agreed sum) in settlment of their claim against the Defendant inclusive of interest and costs.

2. The defedant will repay the Agreed sum by making consecutive monthly instalments of £10 with effect from 28th Nov 08

3. In the event of the Defendant failing to pay the monthly instalment of £10 the claimant will be entitled to apply to the court for judgement to be entered against the defendant for the outstanding balance of the Agreed sum.

 

We hereby agree to settlement on terms set out above

 

(Names of both of)

 

End.

--------------------------------------------------------------------

 

Sorry I have had to type it out, not sure how to cut and paste.

 

I have never heard of this Consent Order.

What would be my best action now, given as I cant actually even remember this loan?

[tinkerbell20]

How much was original claim for?

 

If they haven't managed to produce valid default notice, notice of termination and most importantly enforceable consumer credit agreement then they are going to have amajor problem winning their claim

[matsinlondon]

Reads to me like they haven't a hope. They have no documentation and now the fact they've offered to accept the sum over 10 years without interest says that they know it too. The trouble with signing the Consent Order is that if you don't do exactly as it says they automatically get judgement for the lot - it's as if you admitted their claim and asked the court for time to pay. If you did fail in a payment and they got judgement they could then go for a charging order. They are also wrong in saying that by making any payments you have admitted their claim is legitimate. They appear to be real bottom feeders.

[surfaceagentx20]

Mat said it.

 

x20

[wakeywakey]

Yep, my thoughts exactly.

Now, Do I just ignore this offer or respond with a refusal?

 

Thanks guys

[creditcardmug]

Just thinking out loud here, it seems they know their case is dead in the water, so whats stopping you drafting your own consent order along the lines of you discontinue, and i wont claim my costs.

 

Any thoughts on this anyone?

[wakeywakey]

Guys, any advice on my last question?

 

Do I just igbnore this Consent Order?

[creditcardmug]

Well i certainly wouldnt sign it, if you want to reply to them you could just say that you are confident with your defence and you believe their claim cannot succeed, thats my opinion anyway.

[matsinlondon]

Guys, any advice on my last question?

 

Do I just igbnore this Consent Order?

 

If you don't want to accept the offer (and I certainly wouldn't - never mind the fact you're not even clear whether you owe them the money and they can't provide any proof that you do) I'd just tell them as much in writing. Keep it short and sweet, decline to enter into a Consent Order at this stage.

[djc]

please be aware that cope's solicitors and and arrow global are reading our postings obviously that gives them an advantage during negotiations.

 

good luck

 

djc

[wakeywakey]

Hi Guys,

 

I ignored the consent order.

 

I received the transfer to my local court letter and my Allocation Questionaire.

 

I could do with some help with this.

 

For example,

A-Settlment- Do you wish to use the small claims mediation service?

I presume No

 

And what is the fee for this?

 

Thanks guys

[creditcardmug]

Info here to help with the AQ

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

You dont pay a fee to file yours, but they have to pay a substantial fee to file theirs, this is where a lot of these weak cases fall over!!

[wakeywakey]

Is this still relevant though?

 

Haven't the courts decided that the Claimant doesn't need to provide a signed agreement anymore?

[wakeywakey]

And do you send it to the claimant before getting an answer from the court thats its ok to do so?

[creditcardmug]

Is this still relevant though?

 

Haven't the courts decided that the Claimant doesn't need to provide a signed agreement anymore?

 

Yes its very relevant, the court hasn't decided anything yet.

In your AQ you will draft a set of directions asking the court to make an order that they provide all the relevant documents and everything they will be relying on in court.