CCJ Cope's Solicitors/Arrow Global

[blondie1971]

Ok

 

What about the CPR 31.14 you mentioned in a previous post?

 

Blondie

[Docman]

Hi Blondie

Yes you could send a CPR 31.14 letter at this stage. I just think it might be best to hang on for a few days. My reason is that CPR 31.14 is a rule which allows you as defendant to inspect any document referred to in the case. So far, all that Cope's have referred to is an agreement dated 24 December 1997. So all you could ask for is a copy of that agreement.

In the normal 'timeline' for cases, the request for documents is usually made before judgment. It looks like you are a lot further down the road in that Cope's have got a CCJ against you, they have got an Interim Charging order and are now seeking to get a Final Charging Order. That doesn't stop you sending the letter but is now the best time? Your application is based on the evidence from the Registrar of Companies that (whatever else) Arrow Global Receivables Management ltd didn't exist at the time they say they signed the agreement with you. Therefore the agreement can’t be valid. Arrow Global Receivables Management has not produced any evidence that the agreement exists. It seems to me that they have got this far by using the court system against you.

In reality, I would guess that Arrow Global Receivables Management is a collecting agent for another part of the Arrow Global empire to whom your debt with Paragon was sold or ‘assigned’ by Paragon. Paragon should have defaulted you before they sold the debt and you should have had proper notice of that assignment. The claimant should be whichever part of Arrow Global bought the debt. But that isn’t what Cope’s have stated to the Court. They have said that it is Arrow Global Receivables Management that made the credit agreement with you.

I suspect Cope’s will come back to the court very apologetic and ask to change the name of the claimant. The court probably will allow the change and also allow them to amend their particulars of claim. It might be a better time to send the CPR 31.14 at that point and ask not just for the credit agreement but also the default notice and the notice of Assignment that should have been sent to you by Paragon. If the court does allow amended Particulars, you would normally be allowed to file an Amended Defence. My advice would be to hang on until Cope’s respond to your application before sending anything to Cope’s.

[blondie1971]

Ok, thanks for your advice Docman, I will keep you posted.

 

Blondie

[blondie1971]

Hi Blondie

 

Yes you could send a CPR 31.14 letter at this stage. I just think it might be best to hang on for a few days. My reason is that CPR 31.14 is a rule which allows you as defendant to inspect any document referred to in the case. So far, all that Cope's have referred to is an agreement dated 24 December 1997. So all you could ask for is a copy of that agreement.

 

In the normal 'timeline' for cases, the request for documents is usually made before judgment. It looks like you are a lot further down the road in that Cope's have got a CCJ against you, they have got an Interim Charging order and are now seeking to get a Final Charging Order. That doesn't stop you sending the letter but is now the best time? Your application is based on the evidence from the Registrar of Companies that (whatever else) Arrow Global Receivables Management ltd didn't exist at the time they say they signed the agreement with you. Therefore the agreement can’t be valid. Arrow Global Receivables Management has not produced any evidence that the agreement exists. It seems to me that they have got this far by using the court system against you.

 

In reality, I would guess that Arrow Global Receivables Management is a collecting agent for another part of the Arrow Global empire to whom your debt with Paragon was sold or ‘assigned’ by Paragon. Paragon should have defaulted you before they sold the debt and you should have had proper notice of that assignment. The claimant should be whichever part of Arrow Global bought the debt. But that isn’t what Cope’s have stated to the Court. They have said that it is Arrow Global Receivables Management that made the credit agreement with you.

 

I suspect Cope’s will come back to the court very apologetic and ask to change the name of the claimant. The court probably will allow the change and also allow them to amend their particulars of claim. It might be a better time to send the CPR 31.14 at that point and ask not just for the credit agreement but also the default notice and the notice of Assignment that should have been sent to you by Paragon. If the court does allow amended Particulars, you would normally be allowed to file an Amended Defence. My advice would be to hang on until Cope’s respond to your application before sending anything to Cope’s. [/quote]

 

Hi Docman

 

Just to update you, as you know i'm in court on Monday for the hearing of my application to set aside judgment, strike out etc. I have been in regular contact with the court over the past couple of weeks and also contacted them today, and so far Cope's (claimant) have not responded whatsoever to my application.

 

Can you give me any advice as to how to handle the court hearing on Monday?

 

Thanks

Blondie

[Docman]

Hi Blondie

 

Well I'm surprised Cope's haven't responded at all - but there is time. Don't be too surprised at papers turning up on Monday morning. If that happens, ask the judge for an adjournment to consider the evidence. They have had several months to produce them and delivering them at the last minute is unfair to you.

 

Can I suggest you go through all your documents beforehand and have them organisied and tagged with post-it notes if needed. If you are asked about a speicific document, it looks great if you easily find the document and don't have to spend hours looking for it amongst your papers.

 

I would also take a couple of spare copies of your witness statement and exhibits. It may seem excessive but you would be surprised about how many times all the documents are NOT on the court file and thus available to the judge. Equally, opposing solicitors may not have brought copies with them. Producing spares for their use looks like you know what you are about and are organiised.

 

Finally, don't enter into negotiations with the opposing solicitors before you are due to go into the judge's room, especially if they start with "Well, why don't you tell me what this is all about, dear!!" They should KNOW what it is about and if they don't, they shouldn't be acting. Also, a lot of the solicitors are more than two-faced and will use anything said outside the court to their advantage once in the court room.

 

As this is your application, the judge should invite you to speak first. Just take it easy and speak slowly. Use your witness statement as a guide. Don't read ithe witness statemnt out but I suggest you go through it beforehand and pick out the main points to use as notes for you speech.

 

Best of luck as well. Let us know how you get on.

[blondie1971]

Thanks Docman

 

sorry for the delay in responding - had a couple of probs with my laptop!

 

I will update you tomorrow as to how it went

 

Blondie

[blondie1971]

Hi Blondie

 

Well I'm surprised Cope's haven't responded at all - but there is time. Don't be too surprised at papers turning up on Monday morning. If that happens, ask the judge for an adjournment to consider the evidence. They have had several months to produce them and delivering them at the last minute is unfair to you.

 

Can I suggest you go through all your documents beforehand and have them organisied and tagged with post-it notes if needed. If you are asked about a speicific document, it looks great if you easily find the document and don't have to spend hours looking for it amongst your papers.

 

I would also take a couple of spare copies of your witness statement and exhibits. It may seem excessive but you would be surprised about how many times all the documents are NOT on the court file and thus available to the judge. Equally, opposing solicitors may not have brought copies with them. Producing spares for their use looks like you know what you are about and are organiised.

 

Finally, don't enter into negotiations with the opposing solicitors before you are due to go into the judge's room, especially if they start with "Well, why don't you tell me what this is all about, dear!!" They should KNOW what it is about and if they don't, they shouldn't be acting. Also, a lot of the solicitors are more than two-faced and will use anything said outside the court to their advantage once in the court room.

 

As this is your application, the judge should invite you to speak first. Just take it easy and speak slowly. Use your witness statement as a guide. Don't read ithe witness statemnt out but I suggest you go through it beforehand and pick out the main points to use as notes for you speech.

 

Best of luck as well. Let us know how you get on.

 

Hi Docman

 

Well my hearing was this morning, the court were running half an hour late so the waiting seemed like forever. However, there was a 'no show' again from the claimants.

I went into the court room and it was the judge who had dismissed my previous applicated to set judgment aside.

He stated that the claimants had sent no correspondence whatsoever, I gave my speech - and then I got a lecture from the judge as to why i had not made this application earlier on in the case.

Anyway, the judge made some notes and then announced that the case is now closed, he would strike out the case, set judgment aside and vacate the charging order, and the order would state that any evidence showing pending charging order details on my property are to be removed by the claimants within 14 days.

He then went on to say that the claimants may appeal, but they would not get very far, as they failed to attend court today and they have had more than ample time to submit their evidence.

I previously highlighted to you that I have been paying £100 per month to the claimant - the judge also said I should keep paying them the £100 each month or any amout I could afford, as they may try and start a new claim and I will then be able to show in my defence that I have been maintaining some form of payment!!

What are your thoughts on this?

Anyway I'm still pinching myself - I can't thank you enough for your help and advice, I wouldn't have got the result I did today without that witness statement.

I have told several people about the consumer forums - I will also be making a donation to show my support to this site.

I will keep you informed of any updates.

Thanks again

Blondie

[the_shadow]

Well done Blondie!

 

S.

[AndyOrch]

Excellent Blondie;)

 

Regards

 

Andy

[blondie1971]

Cheers Shadow and Andy

[Docman]

Blondie,

 

Just got in to read your fantastic news. T wouldn't be too bothered about paying anything to Arrow from now on. You could claim costs against them although they could appeal. But I agree with the judge - it is unlikely.

 

Personally, I would wait until the court issues the Order and then use it to clear your credit record held by the Credit Reference Agencies.

[blondie1971]

Blondie,

 

Just got in to read your fantastic news. T wouldn't be too bothered about paying anything to Arrow from now on. You could claim costs against them although they could appeal. But I agree with the judge - it is unlikely.

 

Personally, I would wait until the court issues the Order and then use it to clear your credit record held by the Credit Reference Agencies.

 

Hi Docman

Can you advise me.

 

I have accessed my experian credit report and the ccj showing for this has now been removed, but the details of account have now been removed from the public records section and are now listed in the account details on my report. It is showing as a default with a balance outstanding of £18,085 with the company name Arrow Global Ltd.

 

How can I get this removed?

 

Thanks

Blondie

[Docman]

Hi Blondie

 

I'm not an expert on removing items from CRA files. There are a couple of threads with good advice on them though. However, you will need persistence to get entries removed.

 

Arrow Global Ltd is the UK end of the American operation, Arrow Global LLC. I understand that the LLC identifies 'Ltd' as the data controller under the Data Protection Act and supplies data to the CRAs like Experian.

 

The 'expected' way to deal with such entries on your credit file is to try and get the data controller to remove the offending item. If you are not successful with the data controller then you are expected to complain to Experian but expect some time wasting. They have 28 days to respond before you can put a 'Notice of Correction' on file. If that is not acceptable, you can complain to the Information Commissioner for a ruling. One of the factors the IC says it considers is whether there have been legal proceedings and the ruling of the Court.

 

Snag with this 'expected' route is that it takes time. I suggest a short cut is to write to Experian (and the other CRAs) telling them that you have no relationship with Arrow Global Ltd, and that the company has no authority to hold or disclose any of your personal data. Point out that you understand it is part of the Arrow Global group whose claim the Court has just dismissed as false and enclose a copy of the Court's Order. Tell Experian et al that they have 14 days to remove the reference to Arrow Global Ltd or you will take Experian themselves to Court for an Order under S 14 of the Data Protection Act 1998 and also ask for costs and damages against Experian. It usually wakes them up!