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

[bobbydog]

here is a letter sent by arrow global on 19-5-10

 

what do you make of the red highlighted area

[bobbydog]

also in the letter it states that AG will suspend all collection activity pending provision of documents

WHY then did i have to go to court...........................

[bobbydog]

as until the court date no documents had been recieved as requested cca, sar, and cpr requests

even now the only docs i have been sent are the ones on CAG now

[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

[diddydicky]

evening all

crikey!!!! sound like dixon of dock green...............lol

in posting 133 i posted a letter with no company name on it

suppo0sedly sent from cap one is that normal for capital one to do >>>>>>>>>>>>>>>

now this letter might be handy to use

BECAUSE in 2006 i was in sri lanka, building an orphanage from 12-1-06 to 1-7-06

and that is stamped on my passport. so where did it go, as it was not recieved here!!!!!!!!!!!

 

they would be required only to send papers to your last known address- so unless you advised them of your new address in sri lanka- then i suspect this argument will be a total non starter

 

evening all

crikey!!!! sound like dixon of dock green...............lol

in posting 133 i posted a letter with no company name on it

suppo0sedly sent from cap one is that normal for capital one to do >>>>>>>>>>>>>>>

now this letter might be handy to use

BECAUSE in 2006 i was in sri lanka, building an orphanage from 12-1-06 to 1-7-06

and that is stamped on my passport. so where did it go, as it was not recieved here!!!!!!!!!!!

 

they would be required only to send papers to your last known address- so unless you advised them of your new address in sri lanka- then i suspect this argument will be a total non starter

Edited August 26, 2010 by citizenB
merged duplicated posts

[bobbydog]

replies to docman questions

right then i will leave the AG letter in the folder, but i do feel that if they were cancelling all activity, then why was there any court case when docs have not been revieved.

 

have had AQ from the court.

 

a suggested draft copy from you will better put it than i could (thankyou docmman)

 

all documentationwhich i have put on here in the last few days have only been recieved by me in the last few days, the original and current t/c's were with all of the other documentation so i thought i would head them up

on the front page where i have omitted name at top of letter the original states my name as xxxx xxxxx

and on the current t/c's the name on it includes a middle initial, but not on original.

all sent with defence reply

will check with court in morning to find out whats been filed,

 

will send a copy of to IC tomorrow regarding aroow global notice of assignment

[bobbydog]

diddydicky

what i am trying to ascertain is

would they send a letter with no heading on it like saying it's from capital one

[bobbydog]

is this what you are after docman

Documents referred to in statements of case etc.

 

31.14

 

(1) A party may inspect a document mentioned in –

(a) a statement of case;

 

(b) a witness statement;

 

© a witness summary; or

 

(d) an affidavit(GL).

 

(e) Revoked.

 

 

(2) Subject to rule 35.10(4), a party may apply for an order for inspection of any document mentioned in an expert's report which has not already been disclosed in the proceedings.

 

(Rule 35.10(4) makes provision in relation to instructions referred to in an expert’s report)

 

Inspection and copying of documents

 

31.15

 

Where a party has a right to inspect a document –

(a) that party must give the party who disclosed the document written notice of his wish to inspect it;

 

(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and

 

© that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

 

(Rule 31.3 and 31.14 deal with the right of a party to inspect a document)

Edited August 26, 2010 by bobbydog

[bobbydog]

would this be good enough for question 5 carey v hsbc

 

 

However, the contractual liability of the debtor to pay

any sums due remains. Furthermore, during the s78

default period interest will still accrue and the creditor is

entitled to demand payment, issue a default notice

and/or report the debtor to a Credit Reference Agency.

“Irredeemably unenforceable agreements”

There will, however, remain the class of agreements

which the court will regard as “irredeemably

unenforceable”. These are agreements, which do not

contain the so called “Prescribed Terms”. The

prescribed terms are set out in Regulation 6 and

Schedule 6 of the Consumer Credit (Agreements)

Regulations 1983 and include, for example, the number

and frequency of repayments, the rate of interest and

the credit limit.

It is vital that these Prescribed Terms are “contained” in

the executed agreement; it is not sufficient for the piece

of paper signed by the debtor merely to cross-refer to

the Prescribed Terms without a copy of those terms

being supplied to the debtor at the point of signature.

If possible, all the terms of the agreement and the

signature box should be physically attached to each

other in order to avoid any potential argument on this

point.

[bobbydog]

is this of any help

 

The emphasis in the Carey case on section 78 appears to have obscured the real claim that exists under section 61(1)(a) and 127(3) of the Act. These sections dictate that a creditor must be able to produce a signed document (not necessarily the credit agreement) that contains the prescribed terms. The document must include the credit limit, the interest rate and details of how and when a debtor is to discharge his payment obligations. A failure to produce such a document is still capable of rendering the agreement irredeemably unenforceable.

[bobbydog]

would this work as post 134 is cca sent to me but no address of creditor

also NO prescribed terms

 

Originally Posted by Judge Waksman Para 173

It seems to me that the following information needs to be included in the reconstituted copy agreement, assuming of course that it was present in the original:

 

1) Heading: Credit Agreement Regulated by the Consumer Credit Act 1974.

2) Name and Address of Debtor.

3) Name and Address of Creditor.

4) Cancellation Clause applicable to the executed agreement.

[bobbydog]

q 6

 

where on the cca they sent me would i find the prescribed terms

i do not think they are there neither are they present in t/c original or current

[bobbydog]

q7 relates to a form entitled the credit agreement has been produced with my sig.

 

IS THIS AN APPLICATION FORM or what, please can someone comment

if it is an application form how did they gat my address to put at top of page

[bobbydog]

would this help

 

60 Form and content of agreements

(1) The Secretary of State shall make regulations as to the form and content of documents embodying regulated agreements, and the regulations shall contain such provisions as appear to him appropriate with a view to ensuring that the debtor or hirer is made aware of—

(a) the rights and duties conferred or imposed on him by the agreement,

(b) the amount and rate of the total charge for credit (in the case of a consumer credit agreement),

© the protection and remedies available to him under this Act, and

(d) any other matters which, in the opinion of the Secretary of State, it is desirable for him to know about in connection with the agreement.

(2) Regulations under subsection (1) may in particular—

(a) require specified information to be included in the prescribed manner in documents, and other specified material to be excluded;

(b) contain requirements to ensure that specified information is clearly brought to the attention of the debtor or hirer, and that one part of a document is not given insufficient or excessive prominence compared with another.

[bobbydog]

202 refers to q8

 

 

q9 no defence there as i signed a document to that fact

[bobbydog]

q10 i can read them so they must be lrgible

[bobbydog]

also on the original t/c in section 12 optional ppi

i have no paperwork but on my statements they have deducted ppi all through account history

[bobbydog]

h all

i feel like i am drowning in a sea of legal paraphanalia, please can someone come in and help me go through the defence reply from AG/BC i feel like a dormouse in space, it is totally alien to me, whereas i know a lot of you caggers are very clued up in these affairs

i fear a court case could soon be looming even though there is noneset as yet.

[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

[bobbydog]

hi all i have just rang SCC and they have informed me that the judge now has the files, and that AG/BC have filed the AQ with him, and that is all they have filed so far.

[bobbydog]

hi there again

cpr request done, checked and checked again an copy made and files sent today 27-8-10

things slowly moving

[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?

[bobbydog]

the documents posted on here regarding the T/C original and current are exactly the copies i recieved from AG/BC along with the reply to defence sent out by them the other week

the are all on one sided sheets and stapled together

[bobbydog]

In the Southampton county court claim no.

Between arrow global claimant

And

defendant

Reply to reply of arrow global defence

1, the defendant submits that agreement given by AG/BC does not contain the prescribed terms, as the prescribed terms should be placed within the heading cca74 and my signature.

If the claimant can now produce the original agreement, why could this agreement not be shown/given or sent to me when i sent a cca, sar and a cpr request in april and may.

2, why do i have to prove that the agreement was not properly executed when in the reply to defence the claimant admits to not properly executing the agreement of s61 of the cca74 act

3where in the agreement does it specifically state to the prescribed terms as set out by lord nicholls of Birkenhead

On documents sent to me with the right of reply. No such clause 10 exists in either t/c original or current

4, even though they do not state to which part of the 1983 agreement i think it may be this one

The prescribed terms specified in Schedule 6 of Consumer Credit (Agreements) Regulations 1983 SI 1553 are as follows:

 

• credit limit

• repayments

• rate(s) of interest

Plus the amendment was amende in 2004 the date i was supposedly signing application form, so the 2004 amendment should take precedence

5, as for carey v hsbc docman you will have to help me on this as there id no reference in your defence letter

6 the agreement did not contain the prescribed terms so is not properley executed,

7, you are correct in stating that a FORM has been produced with the defendants signature

8the agreement is only an application with no t/c and does not form one document because if i signed an application formm how did they manage t ogain my address

9, how can i agree to t/cs if there are none present

10, barely legible.

11, the agreement does not comply with the cca 1974

12, where is copy of cca 74 agreement with t/cs /

13,need help in sect 62 cca 74

14, elsewhere in application it clearly states this is an application form

15, it also states that ppi was deducted from this account without prior knowladge and permission from the defendant

16,i stated that the default notice was served on xxmonth20xx as still to this day i believe a default notice has not been served at all

The reconstituted default notice does not contain the address of the company who sent it, i aslo strongly believe the reconstituted version to be not a true copy, i would like to see a TRUE copy of the default notice and not a reconstituted version

17,need help with sect 88(1) cca74

18.there is no address on reconstitited default letter

19,need help on q19,

20,again reconstituted and what does redacted mean

21,22,23, need help from docman about delivery by royal mail

As per your initial defence to the court

24, claiment submits that NOI not suffiently served and defendant is put to strict proof ???????

25, the claiment has no valid claim with no prospect of success and both sides should be heard by a judge

26,the claiment has not fully disclosed documents

27,neither do i admit to claim

28as does the defendant

29then bring it on to court if you think you’re going t owin

I believe suitable suitable words to be added later my name xxxxxxxxxxxxxxxxxxx

[Docman]

ok bobbydog, I'll look at this and get back to you. You have to file a response by 6 September, correct?