Stat demand - ARROW GLOBAL LLC ***WON + COSTS ***

[angel_1]

hiya lorri-croft

 

any updates please? just found this thread and ive learnt again something new today from the many posters thank you all

 

hope you are still remaining postive and good luck in the meantime

 

laters all angel x

[pkelly]

Hi Lorri

 

I've read your other thread. Looks like Arrow Global are trying a different route with the SD but I'm not sure they have taken collection 'in-house'. I'll explain below but first you will need to respond to the SD. ScabHunter set out some good advice in your other threrad (post #12). Can you start to fill in the form. There are also some stricky's around on how to deal with SD and the kind of witness statement that should be completed.

 

Now, just by co-incidence the address you quoted for Arrow in Manchester in your other thread is the address for a new firm of solicitors who started practicing at the end of last year. Their name is Millbank Edge LLP. Full details are on the Law Society's website. Now they may have nothing what so ever to do with Arrow but odd thing is, they do not a phone number listed. I wonder if you rang the '0800' number quoted at the top of the letter from Arrow Global and asked for Millbank edge or one of the two solicitors, who would respond. if you do, let us know how you get on.

 

Hi do you want a number for these guys, I have Nick Scotts details he is one of the solicitors. they work with a few other firms `for want of a better word` one being the Funding Network Loans Ltd

[lorri-croft]

Hi,

Just an update as due in Court soon re hearing to set aside SD.

 

I'm just doing Statement of Costs to fax to Court 24 hours before hearing.

• Am I required to fax this to Arrow Global too?
  

A request for a link to cases I'm missing if anyone has one please, as I would like to be able to show 'preparation' to back up time requesting in costs:

• Wilson V First County Trust LTD (2003) UKHL 40
  
• W F Harrison and Co Ltd v Burke and another (1956)
  

(I've got Wilson V First County Trust 2001)

 

Neither of the above can I find in the 'cases' section on the forum.

 

 

 

Previously had letter saying AG would agree to set aside, not attending and wanted no costs (which we are ignoring).

• Should we fax this to Court or not bother, or take with us? Are we alllowed to refer to it if Judge hasn't seen it? :-?
  

Answers much appreciated.

Thanks everso.

[lorri-croft]

Bump post #84. Can anyone help?

[the_shadow]

Bump post #84. Can anyone help?

 

You should really send the statement of costs to the other side prior to the hearing also.

 

Cant help on the cases tho, have you tried searching baili.org?

 

S.

[lorri-croft]

Yes, I've tried searching baili.org. found all the others I needed on there but these. Perhaps someone else could help?

[lorri-croft]

• Anyone help with cases re post #84 pleeease.
  

Plus,if you read history, we SAR'd OC and got a letter saying couldn't trace account-nothing held. Well, just received a bundle of stuff in the post (SD hearing early next week!) which includes statements, a RAPID REPLY CARD as the application, and current t&c's.

 

http://i151.photobucket.com/albums/s156/shaunieman/DCA/CCF23092009_00000.jpg

 

It's only the bottom bit sent (I presume the top bit should have been kept by hubby but wasn't).

 

• I would like some advice on this Rapid Reply Card (in case Arrow turn up with it.)
  

It says 'I am applying for....I have read and agreed to T&C's.......) so I presume it is an application but, without the top bit, I can't be sure whether it would have been a valid CCA.

• Does anyone have a copy of T&C's (2004 ish) and/or have any experience with Monument Rapid Reply Card?
  

I would like to know I've covered everything in case.

[lilly white]

ok the document they sent is a application form.

 

YOU COULD NOT HAVE READ THE TERMS AND CONDITION BECAUSE THEY WHERE NOT THERE IN THE SAME DOCUMENT.

 

Lilly

[lorri-croft]

Thanks LillyWhite. Makes me feel better!

[lorri-croft]

GOOD NEWS!!!

 

Went to Court for hubby's SD hearing today.

 

Judge commented on the affadavit being clear and well researched and asked where I'd got the information. Showed the 'pile' of paperwork I'd prepared (OFT Guidelines, LoP Act 1925, CCA 1974 and later amendment, which I'd got from OPSI and BAILLI).

 

Judge read affadavit and said, 'I've seen this argument a number of times recently and, although in instances there may indeed be a debt, the (creditor) still need their paperwork in place. The other side have not turned up which is to your benefit. I am granting the set aside.'

 

We asked him to look at the Statement of Costs (he reduced the amount a bit, saying we could either ask for LIP costs for research OR loss of earnings but not both) but granted reduced costs against Arrow Global!!!

He then said 'they are not going to be happy about that!'

 

Thanks so much to all who've had input in this, particularly 42man, Docman, the Shadow. Your support and assistance was invaluable.

 

Now we'll wait for the paperwork to be sent and see what happens with regard to the costs.........

[42man]

FANTASTIC....good work Lorri !!! really delighted for you.....

[the_shadow]

Woo-Hoo!!!

 

Well done, these are the types of postings I like to read most

 

Give yourself a big pat on the back for willingness to fight your corner.

 

S.

[lorri-croft]

Thanks everso 42Man and Shadow for your congratulations and valuable input.

 

Can't stop smiling!!!!!

[mandyjayne]

Well done Lorri...:D:D:D

 

love reading these good news threads.....

 

42 man, sam 614 and shadow have guided me also, in both my threads... indebted to all!! your wonderful.

 

I have just taken my SD set aside papers in today so im hoping i will be as lucky as you!!

 

all the best

 

MJ:)

[lilly white]

well done the day is yours. Also well done for going to court and standing your ground.

 

i am very please for you.

 

The very best regards lilly White

[lorri-croft]

Thanks lillywhite and MandyJayne for your congratulations. Shows what can be achieved with a little informed guidance from people willing to help you follow the correct steps.

 

MJ,Good luck with your SD. Hope it goes as well for you.

[lorri-croft]

Hi,

You helped me considerably to get an SD set aside against Arrow Global at the end of September.

 

The judge awarded costs against them and a deadline to pay. As you might expect, no funds were forthcoming but I haven't had time to do anything about it yet.

 

It's the principle more than the money (which was less than £300) that they should be brought to book over their blatant abuse of process that brings me back on here.

 

Could anyone tell me what are my options/what is the best route to take to enforce this order?

 

Thanks.

 

 

(Sorry-titile should read Non-payment!!)

[supasnooper]

Title corrected.

 

Have a look at the link below from post #662 where sax20 has posted some very good advice.

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/162101-eversheds-county-court-paperwork-34.html

[lorri-croft]

Following advice above (and prior to taking any further steps), now received a letter from AG, included copy of a 'RAPID REPLY CARD' and T&C's (Current?).

 

http://i151.photobucket.com/albums/s156/shaunieman/DCA/CCF21122009_00000.jpg

 

 

http://i151.photobucket.com/albums/s156/shaunieman/DCA/CCF23092009_00000.jpg

 

They feel they have satisfied my S78.1 CCA request and now want repayment proposals or will continue legal action.

 

• Does the paperwork above cover their obligations under the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983? If so, does this mean they can continue legal action?
  

I realise this is an 'application form ' which I believe, is unenforceable as it does not 'embody' all the relevant terms required under the CCA.

 

• Am I correct? So, if they choose to go further, I can use as one of the defence arguments? (along with the other SD counter-arguments I put, like no default,NOA etc.)
  

What I need to do is compose a suitable response (once clear on the legal facts) to try to prevent them from taking these steps. I've already had to (successfully) defend a SD and was hoping for a break!

 

Any advice/help very much appreciated.

[supasnooper]

I'd pursue your costs immediately.

 

As you haven't done so, Arrow Global would take this as a sign of weakness by you.....You need to attack them back.

 

Moving on, I don't think whatever you composed will stop AG pursuing legal action.

 

I am sure you've read enough threads here to know that so be prepared.

[lorri-croft]

Thanks for your prompt response Supersnooper.

 

Can you (or anyone else) answer my question regarding the paperwork they have provided (Rapid Reply Card and T&C's-curent???) and their obligations under the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983?

 

I would like to know definitively so I can include in my response

ie. 'whilst you have fulfilled....under...it's not a CCA with prescribed terms' OR 'you have NOT fulfillled.... because...'.

 

Any response received.

[supasnooper]

I'd say that what they have sent is not enforceable.

 

The first scan whilst containing the prescribed terms does not have your signature.

 

The second scan whilst showing your signature, does not contain the prescribed terms.

 

Have a look at these links which may help you understand the enforceabilty of the paperwork (courtesy of 42man & steven4064) -

 

 

Is My Agreement Enforceable - Useful

Consumer Credit Agreements

[dannybro]

hi there well done iam in a very simlar situation as you i have put in my defence which was again put together simlar to yours so thanks i have started my own thread but not had any advise yet i now have my court date for the 4th june 2010 and wondered what i need to be saying and doing in court any advise would be good thanks

[lorri-croft]

Just a further update for anyone interested.

 

Had to threaten AG with legal action before they sent cheque but it finally arrived.

 

All went quiet for a bit, until a letter came with a copy of 'Rapid Reply Card' application and T&C's (not original ones...£12 charges showing).

 

Just told them they were still in breach, would not correspond further until they provided a true copt of the executable agreement and that, if they tried to take to court with an application form rather than an executable credit agreement, I would make the Judge aware that I'd brought this to their attenion but they had ignored the fact and I would vigorously defend on the same basis as the successful SD Set Aside. Also added ps. need to provide original executable CCA agreement in Court.

 

Goes to show they don't want to give up....wait to see what next.

 

Dannybro, I'll post on your thread shortly.

[underdog13]

any updates on this, lorri croft?