arrow global llc and i , Further help required. - BATTLE CONTINUES

[Docman]

bobbydog

 

Arrow Global LLC are an American outfit that buy debts from banks and credit card copmanies and then try to get people to pay. They use UK solicitors and mailing addresses for correspondence. Often they do not have the valid paperwork and have sometimes resorted to issuing bankruptcy proceedings if they don't have proper agreements etc. However, like all bullies, when challenged hard enough, they run away. Until they are challeged though, they will use the court process to get as far as they can.

 

The document from Northampton County Court is a Notice of Transfer 'for enforcement'. That indicates to me that a claim was lodged online by Arrow Global llc. The online claims are dealt with through the Northampton County Court which issues a claim form (N1) to the named debtor (ie you) at the address provided by Arrow Global but who don't have to file a copy of the credit agreement or any other supporting documents. If a defence is not filed with the court within 28 days, Arrow Global can apply for a default judgement and ask the court to enforce that judgement in some way.

 

I suspect that the Notice of Transfer means that a defence was not filed, that a default judgment was issued by the Northampton county Court automatically and that as a result, Arrow Global LLc will have asked the court to enforce the judgement, often by getting a Charging Order on the debtor's house.

 

Northampton County Court will have transferered the case to the local county court covering the address supplied by Arrow Global. For some reason, this appears to be the Uxbridge area in London. Do you (or have you recently) lived anywhere near Uxbridge?

 

Your comment about a hearing on 7 April is puzzling if you haven't had any other documents from the Uxbridge court. What makes you think there was a hearing and what do you think it was for?

 

You are correct that you need to apply for a set aside of the judgement but you will have an uphill struggle if you haven't got any documents.

[Docman]

Where has this letter come from?

 

You need to make an application on form N244 to the Uxbridge county court to set aside the judgement and the charging order. In the application you need to set out your reasons. The best way is by a witness statement. I'll try and start one off for you but it may be Monday before I can ge around to it.

[Docman]

The letter from the District Registry is to let you know that the court has issued an 'Interim Charging Order'. The court will do this once a creditor applies to enforce the judgment. There will then a hearing in the county court for a Final Charging Order. If a Final Charging Order is granted, it acts like a mortgage - you can't sell the house until you pay the debt and any additional interest.

[Docman]

bd

 

a draft witness statement is attached. What do you think?

 

Doc

WS bobbydog.doc

[Docman]

bd

 

You will need to send the witness statement to the court with your application form (N244) and the fee (£75) unless you are on benefits/low income. In additin, the rules state you are supposed to file an Acknowledgment of Service (form N9). Normally, this is attached to the original claim form (N1) but you didn't receive the claim form. I suggest you download and complete a N9 and send this to Uxbridge with a covering letter that you have only comleted the N9 in order to meet the requirment under the rules but that otherwise you haven't had one.

[Docman]

Hi bobbydog

 

Glad to hear you have at last got a hearing in Southampton.

 

I'm not surprised that you haven't had anything yet from AG or BC. Some solicitors seem to respond to requests for documentation by filing a witness statement with the documents a few days before the hearing of the application. They should file such statements seven days before the hearing, so they often fax the documents to the court exactly seven days before (usually late in the day), and then send a copy ot you by second class mail, so the documents take a few days longer to get to you. Other solicitors just send the documents to arrive on the day of the hearing, which is what AG did with me. The idea is to leave you in the dark and unprepared for as long as possible. Fortunately, the judge in my case was P##sed off with AG and I eventually won my case.

 

The SAR and the CCA request you have sent are fine but I think you need to be asking for documents using the court's own rules on disclosure [CPR 31]. Problem is you don't know what documents have been supoosedly served on you. The only was you can find out is to visit the Southampton county court and look at the court file to view the papers that will have been sent from Northampton & Uxbridge.

 

If you can get to the court, see if there is a claim form (N1) or other document setting out the Particulars of Claim [POCs] on the file and take a copy. The court can charge you 50p per page for copies with a minimum charge of £5. Get a receipt for all the money laid out including any travel costs and wages lost from attending the court. You are going to be claiming all these back from AG. Once you have the POCs, you will be in a better position to know what documents you should ask AG for.

[Docman]

Hi bobbydog,

 

I don't think I count as a 'pro' - and postggi is being too modest about his knowledge. IMO, the Capital One 'agreement' and T&Cs sent to you by AG aren't worth the paper they are copied on.

 

You have submitted a witness statement saying you haven't got an agreement etc etc. You must now expect that a rent-a-solicitor will turn up at the court hearing in Southampton and try to argue that the 'agreement' is valid and that your application should be thrown out. So you will have to plan to answer them.

 

Have you visited the Southampton County Court and looked at what is on the file? If not, it would be a wise investment of your time now, if only to make yourself familiar with the location and general layout of the court.

[Docman]

bobbydog

 

A witness statement from postggi will be a good place to start. You will need to know what is already on the court file before you send the statement anywhere.

 

It may be that there are no documents on the court file at all, in which case your witness statement will have to point out what SHOULD be in an agreement. If the file contains a copy of Capital One's agreement, your statement will have to deal with that and point out where there are deficiencies. I'm sure that between us, postggi and I can come up with a statement that will deal with the specifics.

 

Finally, there could be nothing on file but the rent-a-solicitor turns up on the day with a copy of the Capital One agreement. In this case, you need to have something to speak to, like a kind of script, to get your point across.

 

Firt thing though is to find out what's on the court file.

[Docman]

The solicitor could turn up with a copy of the same document. Or more likely they will send a letter by 2nd class to arrive at your home on the day of the hearing but dated 7 or 8 days earlier, having faxed a copy to the court 7 days before the hearing. The solicitor could then say to you as you walk into the judge's room, "Oh, if you haven't copy, here's another one." You are then to be all flustered before the judge and mess up. That is NOT going to happen though.

 

It is all mind games, so you have to be ready. If there isn't anything on the court file, then you should use the one AG have sent you by formally exhibiting the document as your evidence and then tearing it to shreads in your witness statement.

[Docman]

postggi

 

bobbydog hasn't had aynthing and BC naughtily had the case transferred from Northampton to THEIR local court in Uxbridge. bobbydog therefore doesn't know what has been filed at court until he looks at the file. Then I agree a witness statement can tear AG's claim to shreads but until we ( and more importantly bobbydog) knows what has been filed, its all a bit in the dark.

[Docman]

I suspected there might be a lack of documents at court. But that is not to say they won't turn up on the day with something. You need to force their hand by filing your own witness statement along the lines of

" I have bee advised by the court that no documents have been filed - no CCA, no DN, no NOA" and then explain why these documents are required for the claimant to be successful.

[Docman]

all true I'm afraid bobbydog, so you will just have to be prepared as best we can all help you to be. I'll look at drafting a further witness statement tonight but postggj may also have something.

[Docman]

Hi bobbydog

 

At one level, the witness statement attached to your application should be enough. Basically you are saying you haven't received any documents to do with the legal action.

 

If AG are going to attend, it may be that AG send all the documents to you a couple of days before the hearing and then send a local rent-a-solicitor (who will only have a few papers) to argue their case. You can make a further statement verbally to the court if you are not producing any documents but you will have to be sure about what you want to get over to the judge, who may not like litigants in person using the law to 'avoid paying' their debts. You may think it would be better to set out your case in full, in effect drafting your defence as an additional witness statement. (If you are intending to use a document you will need to file a witness statement in any case). The judge may also prefer to read what you are going to say beforehand.

 

The problem with witness statements is that you should send a copy to AG at least 7 days before the hearing which may then cause them to attend.

 

The key points you need to get over are

1. Is there a valid CCA?

2. Was the CCA defaulted properly? and

3. Have AG the legal right to bring the action?

 

So, the first point. You posted up a copy of the application form earlier. Has this document been served on you formally (and the court) as part of the legal action?

 

Second point, have you ever received a default notice from AG or Capital One?

 

Third, has AG ever writtten to you to say they own the debt?

 

I suspect I know the answers to poins 2 & 3, but I would just like to clarify.

[Docman]

bobbydog

 

It's not easy to advise since we don't know what will happen on the day. Best outcome is that the judge allows your application and dismisses the claim in total. However, Isuspect that BC will instruct a local rent-a-solicitor who will only be supplied with a few papers and then be expected to woffle.

 

A good outcome would be that the judge dismisses the CCJ and charging order and orders you to file a defence. (You need the court's permission to formally lodge a defence so late). It might help if the judge had an indication of what you might say and so to that end I have drafted a defence of sorts, as you haven't had any documents.

 

Essentially, you need to attack the agreement (signed/vaild etc); whether it was defaulted properly (DN etc) and whether its has been passed on correctly. The judgment in the Wilson case is very important, particularily IMO papraphs 28 & 29.

 

My draft suggestions are below

 

IN THE SOUTHAMPTON COUNTY COURT CLAIM NUMBER XXXXXXX

BETWEEN

ARROW GLOBAL LLC

Claimant

And

Bobbydog

Defendant

………………………………………………..

DEFENCE

………………………………………………..

1. I, I, bobbydog of Somewhere in the New Forest, am the Defendant in in this action and make the following statement as my defence to the claim made by Arrow Global LLC.

2. Except where otherwise mentioned in this defence, the Defendant neither admits nor denies any allegation made in the Claimant’s Particulars of Claim and puts the Claimant to strict proof thereof.

The Requirements of the Consumer Credit Act 1974

3. The Claimant stated in the original Particulars of Claim that the alleged Account is regulated by the Consumer Credit Act 1974.[Or whatever was in the POCs on the N1 claim form] Any such regulated agreement must be signed in the prescribed manner both by the debtor and the creditor or owner, embody all the terms of the agreement, and be in such a state that all its terms are readily legible when presented for signature.

4. Under S61 of the Act, any agreement regulated by the Act, must contain certain Prescribed Terms under regulations made by the Secretary of State under S 60(1). These prescribed terms are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are terms stating the credit limit, the rate of interest; and repayment terms.

5. The prescribed terms must be within the agreement and not in a separate document for it to be compliant with s60 (1). [Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299].

6. Further, if the agreement does not contain these terms in the prescribed manner and does not comply with s60(1), it is improperly executed and only enforceable by court order. I refer to LORD NICHOLLS OF BIRKENHEAD.words:

“28,……Section 61(1) sets out conditions which must be satisfied if a regulated agreement is to be treated as properly executed. One of these conditions, in para (a), is that the agreement must be in a prescribed form containing all the prescribed terms. The prescribed terms are the amount of the credit or the credit limit, rate of interest (in some cases), how the borrower is to discharge his obligations, and any power the creditor may have to vary what is payable (see Sch 6 to the Consumer Credit (Agreements) Regulations 1983, SI 1983/1553). The consequence of improper execution is that the agreement is not enforceable against the debtor save by an order of the court (s 65(1)). Section 127(1) provides what is to happen on an application for an enforcement order under s 65. The court 'shall dismiss' the application if, but only if, the court considers it just to do so having regard to the prejudice caused to any person by the contravention in question and the degree of culpability for it. The court may reduce the amount payable by the debtor so as to compensate him for prejudice suffered as a result of the contravention, or impose conditions, or suspend the operation of any term of the order or make consequential changes in the agreement or security.

29. The court's powers under s 127(1) are subject to significant qualification in two types of cases. The first type is where s 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor (s 127(3)). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order”..[Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) ]

7. Further, the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 SI No. 1557 require that the lettering in every copy of an executed agreement be easily legible.

8. The Defendant denies that the ‘Agreement’ produced by the Claimant is an agreement within the terms of the Act.

9. The document states clearly that it is an Application Form. The Defendant asserts that most of the document is not easily legible and does not appear to contain the prescribed terms. The Defendant notes that the Claimant has also produced a copy of a document described as “the most recent Terms and Conditions”. The Claimant is put to strict proof that these Terms and Conditions are the ones that formed part of the Application Form.

10. Further, S 62(1) of the Act requires that if an unexecuted agreement is presented for signature, but upon signing by the debtor the document does not become an executed agreement, then a copy of it, and of any other document referred to in it, must be there and then delivered to the debtor. Further, S 62(2) provides that if an unexecuted agreement is sent to a debtor for signature, a copy of it, and of any other document referred to in it, must be sent at the same time. The Defendant asserts that no such copy was presented or sent.

11. S 62(3) provides that a regulated agreement is not properly executed if the requirements of S 62 are not observed.

Default Notice

12. According to the Particulars of Claim a document entitled “Default Notice” was sent to the Defendant. This purported to be a default notice under s 87(1) of the Act.

13. It is also inferred that this document was posted to the Defendant on xx MONTH 20XX . By S7 of the Interpretation Act 1978, a posted document is deemed to have been served at the time when it would be delivered in the ordinary course of post.

14. A default notice is a required by S 87(1) of the Act before a creditor can become entitled to take any action in respect of a regulated credit agreement.

15. Furthermore s 88(1) of the Act requires that a default notice must be in the prescribed form. The prescribed format for a default notice is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237).

16. By Regulation 2(2) of these regulations, any Default Notice must include both a description of the agreement sufficient to identify it and the name and a postal address of the creditor or owner.

17. It is denied that the document contains information sufficient to identify it nor the name and postal address of the creditor or owner.

18. By S88 (1)© of the Act, the date before which any breach can be remedied or compensation paid, must be stated in the Default Notice. By S 88 (2) of the Act, as amended by s14(1) of the Consumer Credit Act 2006 as from 1 October 2006, the specified date must not be less than 14 days after the date of service of the default notice. The 14 day period was also required by paragraph 3© of Schedule 2 of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended.

19. By case law, the 14 days in the section means 14 ‘clear days’, excluding the day on which the notice was served and the day on which the Claimant proposed to take the steps specified in the notice.

NOTICE OF ASSIGNMENT

20. The Defendant neither admits nor denies the Claimant’s statement that the Account was assigned to the Claimant but puts the Claimant to strict proof thereof.

21. The Claimant asserts that a Notice of Assignment was sent. The Defendant denies that a Notice of Assignment was sent and puts the Claimant to strict proof thereof.

22. In respect of that which is denied, the Defendant asserts that in effecting statutory assignment to the Claimant, explicit Notice of Assignment must be given by writing under the hand of the assignor as required by S 136(1) of the Law of Property Act 1925, [the LPA 1925].

23. Further, the Defendant asserts that by failure of a Notice of Assignment to be accurate, the legal right to the debt cannot be assigned effectually at law within the meaning of s 136(1) LPA, 1925. [W F Harrison & Co Ltd V Burke and Another [1956] 2 All ER 169].

24. For the assignment of a debt to be effective and so giving the Claimant a right of action, a valid notice of assignment must have been sufficiently served on the Defendant by a registered postal service pursuant to s 196(4) LPA 1925 before court action is commenced.

25. It is noted that by the Recorded Delivery Service Act 1962 a recorded delivery letter is equivalent to a registered letter and that under the Postal Services Act 2000 schedule 8 any reference to registered post is to be construed as meaning a registered postal service (eg Royal Mail recorded delivery or special delivery).

26. The Defendant denies any valid notice of assignment of the alleged debt to the Claimant was sufficiently served on the Defendant and so the Claimant has no right of action.

AND the Defendant

27. seeks an order that the Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed.

28. Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the Civil Procedure Rules.

29. The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents.

 

 

Statement of Truth

I, BOBBYDOG believe the above statement to be true and factual.

Signed

 

 

Date

[Docman]

Best of luck then for next Monday then.

[Docman]

Hi bobbydog

 

I'm on holiday at the moment and have only intermittant access to the internet. I noted your success before I came away and was going to add my congratulations. I say YOUR success because you stood up to the other side when it counted. I may have helped to fashion the bullets but that's the easy part. Standing up for yourself in the firefight is what counts.

 

Well done again.

 

Doc

Edited August 21, 2010 by citizenB

[Docman]

Hi bobbydog

 

If the court set aside the judgment, did the judge order anything else? Can you post up the court order (minus your name etc)? I'm sure BC is reading the posts and will be able to identify you anyway.

 

Doc

[Docman]

bobbydog

 

I have just re read the thread to refresh my memory because as far as I remember, you hadn't filed a defence. This was your application to set aside and hence you filed a suggested a draft witness statement about 3 months ago. In anticipation that a rent-a-gob solicitor would turn up on 2 August, I suggested a draft defence to guide you almost as a skeleton argument (post #103) BUT as far as I can tell, you didn't file the defence. If you didn't, it looks like BC are responding to a draft defence on CAG and not something filed at court.

 

What idiots they will look before the Judge. All there is on the court file is just a general POC through Northampton, no documents exhibited as evidence, no defence lodged but the judgment has been set aside and then they file a response to a non-existent defence!

Edited August 21, 2010 by citizenB
typo

[Docman]

Ah, that explains the Response to the Defence from BC. I hadn't realised you had actually given the draft defence to the judge. As I said in post #103

 

"A good outcome would be that the judge dismisses the CCJ and charging order and orders you to file a defence. (You need the court's permission to formally lodge a defence so late). It might help if the judge had an indication of what you might say and so to that end I have drafted a defence of sorts, as you haven't had any documents."

 

What documents (credit agreement, default notice and notice of assignment) have BC filed at court? Is there anything othre than the POCs as contained in the claim form [N9]?

 

I'll read the response in more detail tomorrow and get back to you with some suggestions.

Edited August 21, 2010 by citizenB

[Docman]

Hi bobbydog,

 

I said earlier that BC must be idiots if they responded to a draft defence published on CAG. However, having seen the Court’s Order and now having read the Response to the Defence, it is BC who must be thinking you are the prize idiot.

 

If the judgment had just given you points 1 & 2 in the Court Order, then you would have been fine. However, by printing off, signing, making at least one copy of a draft defence, and then giving it to the judge AND to BC’s rent-a-solicitor, you have not helped your cause. It’s like you have shot off both barrels of your gun without aiming at anything. You didn’t even amend the dates from ‘xx MONTH 20xx’ but claimed this was the date of the default notice. BC have now had the luxury of taking aim very carefully to shoot down your own defence. Have a look at their comment in paragraph 16 about the date being incorrect.

 

They have not produced any original document (Agreement, Default Notice nor Notice of Assignment) as far as I can tell but have stated these have been disclosed (i.e. given to you) and effectively put the proof of your allegations back to you.

 

Did they actually give you copies of the credit agreement, Default Notice or Notice of Assignment in court? If you have these documents, can you post them up without your ID showing?

 

I‘ll also asks the mods to move the thread back to the main Legal Issues forum so that we can get more advice.

Edited August 21, 2010 by citizenB

[Docman]

CB

 

The problem is that bobbydog was a little overenthusiastic at the hearing to set aside the default judgment and interim charging order, once the proceedings were transferred to his local court. He must have printed off the draft defence I posted to help him with the next stage AFTER a successful set aside, signed the defence and then made copies. According to the court order setting aside the charging order, he gave one copy to the claimant's solicitors and one to the judge who accepted it as his filed defence. The claimant's solicitors have filed a Response to the Defence as they were ordered to and basically put the onus back to bobbydog to prove his defence. They also pointed out (no doubt with great delight) that bobbydog had submitted that the Default Notice had been dated "xx MONTH 20xx" since bobbydog hadn't changed the dates in the draft defence.

 

I have been looking to find a reason to ask the court's permission to file an amended defence but I can't find one. Even if you could find some reason, there would no doubt be an objection from the claimant's solicitors as they have formally submitted a four page detailed Response to the Defence.

 

The next stage is that AQs are due to be exchanged by 6 September. bobbydog could ask for directions for the claimant to produce the ageeement but as it appears these were produced at court at the hearing, I don't know how far the judge would go in granting disclosure. I do not know how the claimant produced the documents to the court. There does not appear to be any witness statement exhibiting them.

 

Alternatively, could any one advise on the merits of a CPR 31.14/15 application to inspect the originals when the Defence and Response indicate the defendant has the documents in his possession?

[Docman]

bobbydog

 

Sorry I've been tied up at work after being away on holiday.

 

You are on the right track in following CB's advice. I also agree with dd's comments about the default notice. But actually I would go further in that this is the most perfectly constructed DN I have seen. The odd thing is that when Arrow Global LLC started operations here, they couldn't even get their own address right and made a complete dog's breakfast of the other documents. Not that I am suggesting that Fred International would manufacture a false document to file at court, of course. As a reputable debt collection agent, I am sure they would not any such thing.

 

Please crack on with a witness statement covering the main points in their 'Response to the Defence'.

[Docman]

Ho bobbydog

 

Don't worry about the letter from AG in may. They don't know what their left hand is doing whilst their right hand is busy engaging another part of their corporate anatomy that rhymes with a financial activity.

 

How are you doing with your draft statement? Whilst there isn't a strict deadline, it would be good if you could send it to the Court with the Allocation Questionnaire [AQ] which is due on 6 September. Have you had the blank AQ from the Court yet for completion?

 

You should also send a CPR 31.14/15 letter to Bryan Carter asking to inspect the key documents as suggested by citizenB in post #159. Have you done so or do you need a suggested draft letter? I also suggest sending a copy of the 'Notice of Assignment' [posts #141 & #142] to the Information Commissioner and asking if Arrow Global LLC was on the Register of Data Controllers in May 2007 and whether the Information Commissioner would accept a Data Controller being based in the United States. The response may be useful later.

 

Finally, can I clarify when you received some documents. In posts #131 to #133, you posted what you have termed the 'original terms & conditions' and then posts #136 to #138 which I beleive are the 'current' terms & conditions? Where these sent with the 'Response to the Defence' or where they posted to you separately? Have either (or both) documents been formally filed at Court [exhibited] by Bryan Carter? Also, are the posted pages the whole documents? It looks like these are just one side of a page and the reverse page is missing.

 

Cheers,

Doc

[Docman]

bobbydog

 

You're doing OK. Remember, a witness statement is just a written record of what you want to say. Technically, as a real live person, you can just say your piece in court (unless you are producing a document) rather than file a witness statement. That said, most judges want to read what you have to say, so it is easier to draft up a written statement. Just go through the points and put down what YOU want to respond, not what the 'legal jargon' might be. We can help with the translation later. Thus, if the judge asks what do you say to point X in the claim, and your verbal response would normally be "That's a load of f###ing rubbish", we can help with the legal translation to something like ' The assertion is vehemently denied', which is what the judge would understand.

You also asked about a CPR 31.15 letter. I have drafted one below. Make sure you tailor it to your case and check it. There isn’t much time left but if Bryan Carter have provided an email address on their letter, you could just send them an email.

“Dear Sirs

In the Southampton County Court Claim Number: xxxxxxxx

Arrow Global LLC –v bobbydog

NOTICE TO INSPECT DOCUMENTS UNDER CPR 31.15

I refer to your Response to the Defence.

In paragraph 1 of the Response to the Defence, you state the claimant ‘produces the Original Agreement made on 21 November 2004 together with its terms and conditions (to follow).’ Neither of these documents appears to have been attached to the Response to the Defence.

Furthermore, in paragraph 20 you assert ‘the account was assigned to it [the Claimant] on 16 April 2007’.

As I am sure you are aware, a party may inspect a document mentioned in a statement of case. [CPR 31.14 (a)]. Further, where a party has a right to inspect a document that party must give the party who disclosed the document written notice of his wish to inspect it. [CPR 31.15].

Please treat this letter as my request made under CPR 31.15 to inspect the documents mentioned in the Response to the Defence, specifically ‘the Original Agreement’ , the terms and conditions and the Deed of Assignment, and to take copies thereof.

You will also be aware that the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, or fail to request more time, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours sincerely,"

Doc

[Docman]

But they are moving! Don't worry about the AQ just yet. You can send yours back with your witness statement.

 

I forgot to ask earlier. The terms & conditions you posted earlier (both 'original' and 'current') only appear to have half of the pages. Do they have anything on the reverse or did you only post one side of them?