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CBS Transcom - Arrow Global - Cope's - NOTICE OF DISCONTINUANCE!!!


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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!

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Hi MM

 

No just assume that they got the requests the next day.12+2 working days on the CCA and just wait for the deadline stipulated on your CPR request.

 

Regards

 

Andy

We could do with some help from you.

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Start to prepare your holding defence for submission.I knew you would not get a response re the CPR as for the CCA well the Claimant is now in Default and that will fit nicely into said Defence.:)

 

Regards

 

Andy

We could do with some help from you.

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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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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In the Northampton County Court (CCBC)

Claim number XXXXXXX

 

 

 

 

Between

Arrow Global Receivables Manag Limited - Claimant

And

 

MM- Defendant

 

Defence

 

 

 

 

  • I, XXXXX of XXXXXXXXXXXXXXXXXXXX make this statement as my defence to the claim brought by Arrow Global
  • The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system
  • No documents supporting the claims in the particulars have been offered nor have any dates of agreement or account numbers been stated which the defendant needs to establish what agreement it is that this action is based upon
  • Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit
  • Further to that above 4paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

Statement of Truth

 

 

I xxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge

 

 

Signed …………………

 

Date

 

 

 

 

 

Dear Sirs

 

 

 

Please find attached a copy of the defence by way of service. A copy has been served to the court.

 

Despite a request for clarification of matters , you have failed to comply, accordingly I am unable to plead to the case as matters stand

 

Please serve amended particulars of claim and plead your client’s case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement upon which the claimant relies. In addition to this I would ask that copy of the default notice and assignment together with proof of service be served with the amended particulars as they are clearly relevant to your clients case and referred to with in the claim .The matter will be transferred to my home court and the claimant will have to produce the documents, in any event. In those circumstances you should plead in accordance with the CPR rather than the Northampton County Court regime.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

 

Regards

 

 

XXXXXXX

 

 

 

 

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

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Pt2537

 

Shouldn't the defence have an extra line to ask the court for permission to lodge an amended defence if the claimant produces the documents?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Pt2537

 

Shouldn't the defence have an extra line to ask the court for permission to lodge an amended defence if the claimant produces the documents?

 

Not necessarily,

 

Simply the tactic here is file a basic defence, then after the 7 day period given in the letter expires make an application to the court to have the case struck out or in the alternative if the court does not consider that just, then an unless order compelling the other side to file an amended pleading with permission to file an amended defence in reply

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Thanks Paul. I fully understand.Excellent

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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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

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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

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

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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

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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

 

the letter to the court is called a Defence, it is a requirement of the CPR ( Civil Procedure Rules) Part 22 that there is a signed statement of truth in the Defence therefore you must sign the Defence, otherwise you will be prevented from relying upon it at the hearing

 

 

however, when you are sending a letter to copes you are not required to sign it

 

but you must sign the Defence when you send them a copy

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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.:eek:

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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?

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You would have to seek the Court's intervention with an Application.

 

Using form N244, you would ask that the Court - if it agrees that their Particulars of Claim were poor - strikes the claim out or, in the alternative, orders that they serve an amended PoC.

 

It's what might be described as an "either - or" order!

 

From experience, we would say that a Judge would agree with you in such an application, the most likely outcome being that he orders them to amend, rather than strike out.

 

For anyone who would normally have to pay the fee, the cost of such an application is £75 I believe. If the order is given, you are effectively the "winning party" is this little exchange and costs would be awarded in your favour - that being the £75 you paid for this, plus any loss that you can show you have borne (for instance loss of earnings for attending the court).

 

I believe that, when representing yourself, a Judge could award you up to 2/3rds of the figure he would estimate a Solicitor to charge for this work. Depending upon location etc etc, you might expect that to be in the region of £150 - so costs could be around £100 (plus the £75 fee).

 

Both the amended PoC and the costs will have to be settled/served within 14 days (typically) and then you would be required to submit an amended Defence withing a further 14 days...

Edited by jonni2bad

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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For reference, the Court hearing to decide this little part of proceedings would be held in a quite informal setting, one of the rooms at your local County Court, where a Judge would sit at the head of a table and each party (if they can be bothered to also turn up!) would sit close by on either side.

 

The Judge, who would typically be wearing just smart clothing (rather than, for instance, a gown and wig that you might see in a Crown Court) would run the show and direct each party to answer questions or put forward any points. It is generally described as a relaxed setting and not something that should put anyone under pressure etc.

 

If both parties attended the hearing, the Judge would listen to the other party, read your application and decide upon the basis for the next course of action that he sees fit, given the 'evidence' put before him.

 

I know of someone that had a similar experience a few months back and they told me that it was quite straight-forward really.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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They will probably try to stall you with a letter saying they've requested documents from their client.

 

You'll get used to their attempts to evade the burning issue!

 

Proceed with your timescales, never theirs. If they fail to respond adequately to your demand then slap in an Order. I suspect they'll pay a slight bit more attention to that ;)

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Watching with interest, goodluck!

Lowell Financial (Monument) No CCA - File Closed ** WON**:D

1st Credit (Citi Financial) No CCA - Credit Report Marked 'Satisfied' ** WON **:D

American Express No CCA - Pending

RBS Mint No CCA - Pending

CL Finance (Morgan Stanley) No CCA - In Court:eek:

HSBC - No CCA - In Court:eek:

Link Financial (MBNA) No CCA - Pending

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Yup totally spot on J2B

 

the more people make reasonable applications asking for the information which should have been pleaded in a proper claim and the more costs they get awarded against them, then the better as it will make them realise they should follow the proper rules and not cutting corners as we often see on here

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MM

 

Be prepared. The court will set a time to hear your application. Arrow are quite likely to ignore everything you send to them but turn up on the day with all the documents. They will either hand them to you at the hearing or more likely send them to you to arrive on the morning of the hearing.

 

If you don't turn up, (thinking they won't attend because they have ignored you, )they will ask for summary judgment on the slimest of 'evidence'.

 

If you do turn up, they will ask for an adjounment to try to reach a settlement. Most judges will grant such a request.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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This would be a hearing to decide if the Claimant's case is either struck out or, in the alternative, amended. It wouldn't be to decide upon the facts of the case.

 

If they provide the correct paperwork (and presumably amend their PoC) then the order would not need to be made, but the Defendant could then still claim costs and would be able to argue for time to amend their defence.

 

What experience we do have of Copes suggests that they won't attend this hearing.

 

If this all proceeds to a full hearing, that's entirely another matter, but one which would be addressed depending upon the paperwork that they do or don't find...

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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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

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