CCJ Cope's Solicitors/Arrow Global

[Docman]

Thanks for the info, faza.

 

Having looked at the documents posted by the OP, I think there are several grounds for getting the SJ set aside and the claim dismissed. But first, I think we need to find out what Cope's said in their letter to the court to get the SJ in the first place.

[blondie1971]

Hi Blondie

 

I’ve had a look at the documents you have posted and it does seem you have been the victim of the system. So that other Caggers can appreciate the issues, I’ve set out below a time line of events as I understand them and also reposted a couple of the important documents. In my opinion, there are some major flaws in which the court has operated but the application you made isn’t the best I have seen and probably have gone against you. It shouldn’t have done and you should have been able to defend the case by just using the form you filled in. However, that didn’t happen and I think the judge has been harsh although probably acting within the rules. A decent judge should have allowed for the fact that you are a litigant in person and granted some leeway.

 

Here’s the time line. Please correct as necessary:

 

Pre litigation

 

Oct 1997 – Loan for £10,000 with PPI cover from Universal Credit Ltd trading as Cavendish Finance, then part of the Lloyds TSB group.

March 1998 - Universal/Cavendish become part of the Paragon Group

July 1998 - Universal/Cavendish stop collecting direct debits

May 2001 - Repayments start being collected by Paragon

July 2007 - Unable to meet latest increased repayment. I & E budget sent.

Sept 2007 - Repayments to Paragon stopped

Nov 2007 - N1 claim form from Northampton County Court

 

Legal Proceeding with Cope’s

 

22 Nov 07 N1 from ‘Arrow Global Receivables Manag Limited’

6 Dec 07 Ack of defence from Northampton County Court

May 2008 Cope’s request Stay to be lifted and application for SJ

25 July 08 Notice from local court. SJ application to be heard 5/9/08

31 July 08 Cope’s write to Court

2 Sept 08 Court grant judgment for £19413 on grounds no response to claim

5 Sept 08 SJ hearing vacated

28 Oct 08 Interim charging Order

16 Dec 08 Hearing for Final Charging Order – adjourned for set aside application

11 Feb 09 Set aside application dismissed. Treated as application to vary SJ

Cope’s order to file response by 4 Mar 09

7 Apr 09 Case Management conference. Cope’s agree to reduction of £3161.

Further response ordered from Cope’s to interest reduction claim

28 Apr 09 Response from Cope’s refusing further reduction

19 June 09 Adjourned case management conference to consider interest

 

Attachments

 

I have blown up parts of the agreement. I don’t think it is enforceable and invite other Caggers to comment.

 

Tactics

 

The hearing on 19 June is to determine the interest due on the repayment you originally made. Cope’s refuse to reduce their claim by an amount to cover the interest. I would hope that the judge finds this is surprising, since the interest is simply the amount (£3161 x the number of months x the interest rate) but given your luck with the judge, I doubt it. I suggest you explain that to the judge but to make matters simpler for the judge, you should have a figure in mind that you would accept. You might to think about £50 per month since you paid over the £3k. ( £3161 * 19.95% APR = £52.55 per month).

 

Let the judge determine a figure. Don’t argue with him at this stage. Go onto to ask for a reduction in the amount of the monthly repayment to a level you can afford. You will need to have done an income and expenditure assessment to show if you want to pay less than £100 per month.

 

I haven’t said anything about the original judgment. IMO, that was wrong for a whole host of reasons. But raising the issue again on 19 June will only antagonise the judge. If he asks a direct question if you owe the money, I suggest the answer is you do not consider you owe the claimant anything and that you are waiting for the Court to determine the amount of the judgment before considering your next course of action.

 

Now, to determine what needs to be done next, you need to get access to the court file and get a copy of your original defence and the letter dated 31 July 2008. As a party, you can view the court file and take copies of documents but the court may charge a small fee. Bear in mind that the court file will be with the judge on 19 June, so you will either have to go to the court on Monday or Tuesday or wait until after the hearing. If you could then take out your personal details and those identifying the court, and post them up, I think other Caggers could advise whether it is possible to appeal or to make a proper set aside application again.

 

Hi Docman

 

Been to the court today to get documents from file (no questions asked by court clerk, they gave me copies foc), I have attached a copy of my defence, general form of judgment/order, and letter cope's sent to my county court dates 31st July which gained them judgement by default.

 

After seeing my defence it all came flooding back to me (as it was so long ago), that when I received the claim form I queried with Northampton as I did not know who arrow global where but when I quotd the claim reference number they said the number was not recognised, they advised me what to send back.

 

Also, i was expecting something in depth from cope's with their letter dated 31st July - surprised to see how brief it was!!

 

I would appreciate your thoughts and advice with this.

 

Thanks

Blondie

[the_shadow]

Hi Docman

 

Could you possibly increase the size of those scans?

 

S.

[blondie1971]

Could you possibly increase the size of those scans?

 

S.

 

Hi Docmam/Shadow

 

Hopefully these will be better to read

 

Blondie

New Compressed (zipped) Folder.zip

[Docman]

These are a much better read - and a very interesting one it is! I suggest that you do make a fresh application to set aside the judgement after the hearing on Friday. Unfortunately, I’m away from my office today and will not be able to draft something for you until tomorrow but I will.

In the meantime, can you download the N244 application form from the Court Service website and fill in the sections as you did with the first application except don’t put anything in the large box giving the reasons for the application. Instead, say ‘Please see attached statement’.

Secondly, could you go to the Companies House website, I think it is called WebCHeck, and download the file for Arrow Global Receivables Management Limited. You need to get the pages that state the date on which the company was incorporated. It will cost around £4 I’m afraid.

I’ll come back with a suggested draft for the application but it will not be until late afternoon.

Cheers

[blondie1971]

Thanks Docman

 

Sounds interesting?

 

I will get things sorted at my end

 

Blondie

[blondie1971]

These are a much better read - and a very interesting one it is! I suggest that you do make a fresh application to set aside the judgement after the hearing on Friday. Unfortunately, I’m away from my office today and will not be able to draft something for you until tomorrow but I will.

 

In the meantime, can you download the N244 application form from the Court Service website and fill in the sections as you did with the first application except don’t put anything in the large box giving the reasons for the application. Instead, say ‘Please see attached statement’.

 

Secondly, could you go to the Companies House website, I think it is called WebCHeck, and download the file for Arrow Global Receivables Management Limited. You need to get the pages that state the date on which the company was incorporated. It will cost around £4 I’m afraid.

 

I’ll come back with a suggested draft for the application but it will not be until late afternoon.

 

Cheers

 

Hi Docman

 

I have attached a word doc which shows companies house details for Arrow global, is this ok?

 

Also with my court case on Friday should I state that I am going to file again a request to set judgment aside.

Just a bit unsure as to what I should be saying at the hearing on Friday, I understand this is to follow up with regard to adding interest to missing payment to vary the judgement.

What if the judge makes the descision to make this the final hearing and makes a decision to allocate the charging order?

 

Blondie

Arrow.doc

[blondie1971]

Hi Docman

 

Just completing my N244, which box should I tick in Q.10

 

"What information will you be relying on, in support of your application?

1. the attached witness statement

2. the statement of case

3. the evidence set out in the box below

 

Is it No.3 and in the box put please see statement attached?

 

Sorry to sound stupid!!!!

 

Blondie

[blondie1971]

sorry Docman

 

A couple more questions about N244

 

Q3, what order are you asking the court to make and why?

what reason should i put here?

 

Q4 have you attached the draft of the order you are apply for?

Yes or No

 

Q5 how do you want this application to be dealt with

at a hearing

without a hearing

at a telephone hearing

 

Blondie

[Docman]

Hi Blondie

 

Can I deal with a couple of the points rasied about the N244?

 

Q10 - attached witness statement.

Q5 - hearing

Q4 - No

Q3 - Copy across the request at the start of the witness statement.

Now to go onto your claim. You received a N1 claim form dated 22 November 2007. You contacted the Court on 23 November 2007 who asked to complete the Defence section and return to the Court. You did so and the court acknowledged receipt 6 December 2007. Your defence was that did not know who Arrow Global Receivables Management was. I’ll come back to that in a moment.

There does not appear to have been a response from Cope's until July 2008 when the Northampton County Court lifted the stay of proceedings, struck out your defence because it wasn't signed and discloses no reasonable grounds and then transferred the case to your local court where Cope's applied for summary judgment on the grounds that your defence had been struck out.

As I pointed out above, a defence sent to Northampton does not have to be signed. Logically, this relates to defences filed electronically but I do not think the rules are that specific. In any case, you clearly contacted the court who acknowledged your defence.

Your defence must deal with the points raised by the Claimant in their Particulars of Claim. Those were

"THE CLAIMANT'S CLAIM IS FOR MONIES DUE FROM THE DEFENDANT UNDER AN AGREEMENT BETWEEN THE PARTIES DATED 24th DECEMBER 1997 REGULATED UNDER THE CONSUMER CREDIT ACT 2006. FULL PARTICULARS WHEREOF HAVE BEEN DELIVERED TO THE DEFENDANT." [My bolding]

The grounds for your defence are that you had not heard of Arrow Global Receivables. You should repeat that statement in the application AND explain why you hadn’t heard of them. In addition, the application will also have to deal with the signature issue.

I have attached a draft of a Witness Statement that should be amended with your name etc, and then signed before being attached to the application. I’ve suggested a witness statement because I think you will have to produce a couple of documents to help your case.

You will need to file two copies of the application and witness statement with the Court and pay the fee of £75. The question is when you file this application with the Court. If you are before District Judge "Nasty" again, there is no point in arguing with him. If asked about what you intend to do, just say you will await the Court’s judgment. Once outside the judge’s room, just file the papers with the court office.

If you get before District Judge "reasonable", you may have the opportunity to tell the judge why you are in this predicament. If so, you could pull out the Application and witness statement for the judge to read. The judge will probably just go ahead, make the Charging Order final and let you file the application. However, there is a slim chance a reasonable judge may, faced with an application that is an effective appeal, may consider the points you make in the application and further adjourn the hearing until your new application has been heard. This would be a great result at this stage.

There is always the very remote possibility that the judge may decide that the application has such merit that the court can treat it as an application and set aside the judgment immediately. Don’t get your hopes up for this though. If it happens, Christmas and birthday will have arrived together.

Anyway, the draft statement is attached. If you have any queries, please come back. If I can’t help, I’m sure other Caggers will only be too happy to help.

Blondie WS.doc

[blondie1971]

Oh my god! - Docman you are an absolute star, this defence is fantastic with an incredible finale!!, I am going to get to work on this right away if I have any questions I'll give you a shout a little later.

 

Thankyou Thankyou Thankyou! :)

 

Blondie

[blondie1971]

Hi Docman

 

Sorry about this, could you explain in more detail Q.3 on the N244 form, I'm not quite getting what my answer should be hear and what I should copy accross.

 

Thanks

Blondie

[blondie1971]

Hi Docman

 

Me again!

 

Would you just mind double checking the wording in witness statement on point 17 is this correct?

 

On the N244, is this ok to put in as answer to Q3:

I am asking the Court to

(a) vacate the [Final]/[interim] Charging Order

(b) set aside the order fror Summary Judgment; and

(c ) strike out the Claimant’s Statement of Case.

My reason for this is I do not know who Arrow Global Receivables Limited are, and I have not at any time had any dealings with Arrow Global Recivables Limited or entered into any form of agreement with Arrow Global Receivables Management Limited

[kiptower]

the original claim states

 

the claimant's claim is for monies due from the defendant under an agreement between the parties dated 24th December 1997, regulated under the consumer credit Act 2006.

 

contradiction surely

 

9 years difference from the signing of the contract

[Docman]

Hi Docman

 

Me again!

 

Would you just mind double checking the wording in witness statement on point 17 is this correct?

 

On the N244, is this ok to put in as answer to Q3:

I am asking the Court to

(a) vacate the [Final]/[interim] Charging Order

(b) set aside the order fror Summary Judgment; and

(c ) strike out the Claimant’s Statement of Case.

My reason for this is I do not know who Arrow Global Receivables Limited are, and I have not at any time had any dealings with Arrow Global Recivables Limited or entered into any form of agreement with Arrow Global Receivables Management Limited

 

Yes, thats it. The strike out is because the claim cannot be correct. You might leave out the words Final]/[interim] .

[Docman]

the original claim states

 

the claimant's claim is for monies due from the defendant under an agreement between the parties dated 24th December 1997, regulated under the consumer credit Act 2006.

 

contradiction surely

 

9 years difference from the signing of the contract

 

The comtradiction is because the CCA was signed 8 years BEFORE the company was formed.

[blondie1971]

Yes, thats it. The strike out is because the claim cannot be correct. You might leave out the words Final]/[interim] .

 

Thanks Docman

 

Do i need to take out Final/Interim on the Witness Statement?

 

I think I have everything now, I will let you know tomorrow how i get on. The hearing is first thing.

 

Thanks again for your help

 

Blondie

[the_shadow]

Thanks Docman

 

Do i need to take out Final/Interim on the Witness Statement?

 

I think I have everything now, I will let you know tomorrow how i get on. The hearing is first thing.

 

Thanks again for your help

 

Blondie

 

Best of luck Blondie.

 

S.

[blondie1971]

Best of luck Blondie.

 

S.

 

Thanks Shadow

[blondie1971]

Hi Docman/Shadow

 

Been in court today and I think I have positive news to report.

 

Firstly there was a 'no show' from the claimants side (which the judge said would go against them), however cope's had faxed a letter to court yesterday which I was given by the judge to read at the beginning of the hearing.

 

Basically the letter was outlining that Cope's/arrow stand by their final desicion not to include any interest on the vary amount, the reason they qouted was that I was only paying approx £90 per month repayments (i was on an arranged payment plan)when the monthly payments should have been £209 per month and that interest was still being calculated on the toal amount at 19.95%?????????????

They requested that the judge do apply the final charging order forthwith.

 

Anyway the judge was really nice and she explained that she could not push for the interest to be added onto the vary amount (£3161) as the claimant had complied with the order and agreed to reduce the total amount by the £3161 which was what was stated in the original order. She also believed that the previous judge (febuary hearing) did say to include any interest although this was not stated on the order.

 

The judge then went on to ask me why I had not taken any legal advice at the off set, I explained that I was not in a financial position to do so. I explained I had represented myself from the beginning, and she stated that I done this excellently and most admiarably!

 

I then went on to explain the blackmailing tactics Cope's had applied in September last year threating that if I requested to set judgment aside and that it was granted, they would persue me again and there would be no opportunity for negotiating on the total amount owed or payment by installments and that they would force the sale of my property. I also confirmed to the judge that I felt that I did not owe the Claimant any money and did not know who the claimant was, and also how I did not get the opportunity to defend myself properly.

 

The judge listened without interuption - so I took a deep breath and said to her that after further investigation of the claim/the court file etc, that after the hearing I was submitting to the court office a further application to request that they vacate the charging order order, request for summary judgment to be set aside and to strike out the claimants state of case.

The judge asked if I had all the documents with me, I said yes and as I reached in my folder to show her, she explained that I must not show her or go into any further detail as she may be the judge sitting at a future hearing.

 

The judge said that what she was going to do was, to have a further hearing and that the interim order still apply to the next hearing and also state that I was making a fresh application. She said it was likely that she would be the judge at the next hearing and request for the court to hear my application at the same hearing.

 

Finally the judge said let's not take up anymore time on the issues today and confirmed that I understood what had been discussed. I had been so nervous throughout the hearing and my hands were shaking so much, i apologised to the judge for being so nervous - she there was absolutely no reason for me to be worried!! I then left the hearing and went and filed my application!!!!

 

Do you think this sounds positive?

 

Blondie

[Docman]

This is a brilliant result and you can officially have a small celebration this weekend. Let your hair down, get drunk, whatever. But forget about Cope's & Arrow Global for the weekend!!

 

The next stage is that the court will set another date for hearing your application. Before then you will need to write to Cope's what Caggers refer to as a CPR 31.14 after the rule which requires disclosure of documents. When you get the date, post details.

 

You are not out of the woods yet. Cope's/Arrow will probably amend their claim details but you will have to wait until you see what they say. For now, have a good weekend.

[the_shadow]

I agree with Docman, I think you've had a good judge there and should pat yourself on the back, its not easy to handle yourself when so much is at stake.

 

S.

[blondie1971]

Hi Docman/Shadow

 

I do feel much better about it all now.

 

Docman, I can't thank you enough for that fabulous witness statement, and all the work you have put in,hopefully it will do the trick.

 

I will post up details of what the court send out for next hearing, should get them early next week.

 

Thanks again for your comments and fantastic support.

 

A large Jack Daniels or two is on the agenda tonight I think.

 

Have a good weekend

 

Blondie

[blondie1971]

This is a brilliant result and you can officially have a small celebration this weekend. Let your hair down, get drunk, whatever. But forget about Cope's & Arrow Global for the weekend!!

 

The next stage is that the court will set another date for hearing your application. Before then you will need to write to Cope's what Caggers refer to as a CPR 31.14 after the rule which requires disclosure of documents. When you get the date, post details.

 

You are not out of the woods yet. Cope's/Arrow will probably amend their claim details but you will have to wait until you see what they say. For now, have a good weekend.

 

Hi Docman

 

Got the date through from the court (on saturday) it is 13th July, it says:

Notice of hearing of Application

The hearing of the defendant's application for Vacate the Charging Order, Set aside the order for summary judgment and strick out the claimants statement of case will take place at XXXX at XXXXXXXXXCounty Court.

 

Is it possible for the claimant to change their claim?

 

Blondie

[Docman]

Hi Blondie

 

Well you have put in your application and the court have fixed a date so now it is up to the claimant to make the next move. And yes, they can change their claim and indeed the name of the claimant. Both amendments need the permission of the court unless you agree beforehand.

 

The claimant should make a formal application to the court to make the changes and you should be served with copies of the application. If that happens (and I suspect it may), then you should be allowed to submit an Amended Defence. but let's see how the claimant responds to your application first.