Dave V Orange (Arrow) HELP

[anney63]

Hello

I received a court order from a Arrow Plc for an Orange phone debt going back to 2001. I sent a defence stating that this debt was now over 6 years old and therefore statute barred. I have today received an allocation questionaire what do I do ????????

[buzby]

From a court, or supplied by the creditor? If the latter, you can safely ignore it - as it's none of their business.

[Conniff]

If not from a court then this is a new slant by the collector and makes a change from the fake court summons.

[anney63]

Thanks everyone need to look at it haven't been home for a couple of nights. It did look as though it came from court though.

[steven4064]

I'm moving this thread to the debt forum

[Conniff]

So you have court papers and a date to appear in court ?

 

If you haven't acknowledged any debt or paid anything towards it or had any contact with the creditor then it is indeed statute barred and cannot be enforced.

[anney63]

The only thing I received was a court order after the debt was around 7 years old which I sent in a defence that it was statute barred and then out of the blue months later I receved the Allocation questionaire

[Conniff]

Anney can we have some background information and dates on things that have happened. At the moment the details are a bit sparse and it's difficult to know what to say.

[anney63]

My son like a fool; got an orange contract phone for a friend in 2000. Some friend he ran up a 700 bill and then went to Ireland and left my son with a bill he couldn't pay. Orange chased him he explained the situation and realised he would be liable but just didn't have the money. Ignored all letters and out of the blue a few months ago got a court summons from Arrow he defended with the statute barred scenario and has just received an allocation questionaire which i haven't as yet had sight of to see if it is genuine.

[steven4064]

If arrow have sent it to him they are in big trouble (unless it's a copy of theirs - that would be OK)

[anney63]

Sorry i don't understand why are they in trouble if they took the matter to court and it was defended and then they have taken to the allocation questionaire stage and not accepted the defence how are they in troublw a bit confused with all this

[steven4064]

I probably msiunderstood - it seemed that they had sent an AQ without having submitted a claim and/or giving you a chance to defend.

 

We have a coup-le of cases in the last week of one company 'helping' by submitting a defence on befhalf of the defendent.

 

If you are genuinely at the AQ stage and the debt is statute barred then you should send draft directions ordering their claim to be struck out under CPR 3.4(2)(a) because their "statement of case discloses no reasonable grounds for bringing the claim" because of s5 of the LImitations Act 1980.

[buzby]

The prospect of a pursuer 'helping' a defendant by submitting what is in effect a fraudulent statement defies logic. On the one hand, if an AQ in response to a non-existent/pending action as a 'scare' tactic' it has limited value. The pursuer would most likely rely on any action it takes being undefended, as it will then be able to obtain judgement by default and can arrange for enforcement, a much better method of getting the defender to pay.

 

IF the whole thing is a sham, that there is really no pending action and the pursuer is using the AQ as a ploy, then I think the courts would look upon this as the return of the 'blue frighten', when non-authenticated court documents were sent out as 'real', to confuse and alarm the debtor.

[anney63]

The AllocationQuestionaire has absolutely no paperwork attached. Just the notes on completing. Doesn't even mention Orange.

[spamheed]

does it have a case number and the name of the court?

[anney63]

Yes it has unfortunately my son defended this on line and has lost the password so need to apply for it again to look further at the actual claim.

Oh dear these men are hard work !!!

[anney63]

Right at last I have all paperwork to hand.

The actual Court summons was Sent by Eversheds on behalf of Arrow and states an account number for Orange. My son defended on line as the only thing he could think of was an orange bill going back to 2000-2001 which would be statute barred. This is what he used as his defence and then received the allocation questionaire. What do I put on the AQ. Do I ask for a CCA or just state that the debt is statute barred and that he has no debt with Arrow Global thgis has to be in by Monday. Luckily I can hand deliver to the court.

[steven4064]

I suggest that you fill in the AQ as described here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html and include draft directions as described here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/147609-draft-order-directions-including.html but based on the limitations issue. I suggest wording

The cause of action in this case relates to a default in an agreement with the claimant dating from 2000-2001 and the claim is thus barred under s5 of the Limitations Act 1980:

 

"5 Time limit for actions founded on simple contract

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued."

 

I respectfully request the court to make the attached order

in the relavant section onf the AQ and the order itself:

Usual heading

 

1. That the claimant's statement of case be struck out under CPR Part 3.4(2)(a) as the statement of case discloses no reasonable grounds for bringing the claim since the cause of action is over 6 years ago and is therefore time-barred under s5 of the Limitations Act 1980

[buzby]

Forget about a CCA response, it is irrelevant.

[anney63]

THanks Guys . So I just enter the second paragraph under g in the AQ and the first paragraph on a seperate sheet under ther heading of draft directions is that right. I am most grateful for your help. Anney:)

[steven4064]

THanks Guys . So I just enter the second paragraph under g in the AQ and the first paragraph on a seperate sheet under ther heading of draft directions is that right.

That's what I would do. Use the format for darft directions from the link above.

[anney63]

Thanks Steven all done and ready to go. Thank you so much for your help

[DarthKurdt]

Hi everyone,

I've been a bit worried today as this morning I received a knock on the door opened it and there was some guy stood there with a pager asking if my girlfriend lives 'at this address', I confirmed this and he then asked me if she has had an Orange phone in the past. I said I hadn't a clue and realised instantly what this guy's game was. 'He's obviously from a collection agency' though he never introduced himself or stated whom he worked for.

I remember my girlfriend had had some trouble with a contract she had when she was a student five years ago, she couldn't pay the contract after some time and eventually they cut her off. This was five years ago, and basically I'm wondering now he's "confirmed her address" what will happen? I only ask because I've never had to deal with these types before and need some advice if they return or send us a letter, obviously she has moved in these five years and doesn't have any of the billing or documentation anymore so what can we do?

Thanks.

[Conniff]

Put her in front of the spotlight (ve av vays of making you talk).

She must remember how long since since she last had contact because if it's six years, then it is statute barred.

[DarthKurdt]

No its not that long, its just coming upto 5 years I believe. The last time she had contact was 2004. :-|