Arrow Global Fairfax Court Papers

[Shonk]

More than 2 years ago I had a lot of hassle with Arrow Global over a debt I deny. I sent them fee for CCA and SAR but they ignored me. Then I received letter saying the case was on hold until they provided documents. Didn't get them.

 

Got letter 3 weeks ago from Fairfax Solcitors threatening court action. Wrote explaining dispute, they received it, got post office proof.

 

Today I got Court Papers. I am not sure if this is proper court papers or copy of an application to court. What do I do, do I have to reply to Fairfax as instructed on paper?

 

Help would be appreciated. Thanks

[twofoot]

Post the letter up here minus your personal details and barcode.

[Shonk]

Sorry, can't, scanner not working.

[NailPost]

If the papers are real it should contain the name of the county court and a case number. It should also be signed.

[Shonk]

At top says Claim Form

 

on right Bra.. County Court Claim No: xxxxx Date

 

Signed with typed signature Fairfax Solicitors Ltd

Edited April 24, 2010 by cerberusalert

[harrassed senior]

Still difficult to say without sight of the actual document. Is it Blue and White? and does it have a County Court Stamp?

[harrassed senior]

Just re-read original post, does it say you have to reply to Fairfax or the Court?

[Shonk]

Says send documents and payments to Fairfax

 

It's blue and white

[harrassed senior]

Does'nt sound like a Summons to me? What other papers did you get along with this.

[Shonk]

None, it is a N1CPC claim form and N9CPC response pack

[harrassed senior]

OK, can you post up the particulars of Claim as stated. Do you still have copies of your CCA requests, and their reply, and has all your correspondence been sent Recorded.

[Shonk]

Yes, I have copies of everything.

 

Particulars of claim:

 

Claim is for sum of 7744.62 in respect of monies owing by the defendant on a credit agreement held by the defendant with Paragon. under account number xxxxx upon which the defendant failed to maintain payments

 

Default notice was served upon defendant and has not been complied with

 

By virtue of sale agreement between Paragon and the claimant the claim vested in the claimant who has a genuine commercial interest. Defendant has been notified of the assignment letter

Edited April 24, 2010 by cerberusalert

[harrassed senior]

Ok, going to get some help on your defence, I am pretty confident that you may have a complete defence in their non-compliance with your CCA and SAR.

 

Does the pack contain the form for your defence, I assume that it has all the necessary instructions. Will get someone more experienced to assist you. Hang in there.

[cerberusalert]

Moved to Legal Forum

[Shonk]

Yes, it has a defence form. Basically I have never heard of Paragon and they are refusing to prove I owe them money.

 

Thanks for help so far

[Docman]

Shonk

 

Arrow Global have to prove (a) that there is an enforceable CCA (b) that it was properly defaulted and (c ) that any debt was assigned to Arrow Global and that notice of such an assignment was given you. Usually they fail on all counts but that doesn't stop them rying. They will continue until you can stop them legally in court. If you just leave matters, it will only get worse.

 

First job is to acknowledge service of the claim form. If this claim is NOT from the Northampton County Court, you will have to send the acknowledgment to the court issuing the claim.

 

Then you have to ask for copies of the loan agreement, the default notice, the termination notice, deed of assignemnt and Notice of Assignment using the court rules. The letter you have to send to the solicitors is often referrred to as a CPR 31.14 letter after the rule. Have a look at the sticky above to give you an idea of what is required.

 

Third, in all likelihood, you will not get a response and you will have to file a form of defence that is often referred to an 'embarassed' defence'.