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HELP !Arrow Global Court Claim V's Squidward


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could yu type up the order word for word please - ta :-) the wording of the Orders can reveal quite a bit.

 

Forget the unlawful repudiation - it doesn't really exist - you unlawfully repudiated by not paying them!!! they just accepted it by terminating the agreement.........

 

OK - I see your point although I have been paying a reduced amount to arrow all the time with a PayPlan DMP - just AG stuck a Claim in because they didn't think I was paying enough and probably want a charge on my home!!

 

I did stop paying them when I originally did the S78 request then when I got PP involved I have made reduced payment every month on the dot!!

 

Squidward

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OK - Judge awarded extra time to AG to submit to me the Docs by the new date of 18/10 still nothing ....

 

Gh DD CitB do you think I should ask the court for a strike out or go for the embarrassed defence?

 

any other suggestions guys!

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Apply for SO and Summary Judgement entered against the Claimant & costs to be awarded against the Claimant

 

jmho

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Agree, did the latest order provide you with any clear guidance as to your entitlement should AG fail to respond? If not would def make application for SJ in your favour stating the failure of the claimant to provide you with documentation and failure to respond to court directions.

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  • 2 weeks later...

Hi GH and Emandcole et al

 

Judge made a General Directions order (GRO) which is a revision of dates to 18th for AG to supply the doc's and 1st November for me to file my defence. AG did not comply with the order. I spoke to the court and asked the Helpdesk if AG had supplied the docs to the court - which they hadn't, I was told not to file a N244 but to send a letter explaining that I couldn't file my defence as AG had not complied with the judges order and referred back to my earlier request to have the claim SO as they hadn't supplied the docs. The docs have been requested on four separate occasions.

 

So I guess it's now a waiting game to see what the Judge orders!

 

Squidward

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Hmmmm let the DJ strike it out or apply for SJ against them .......

 

decisions, decisions ......... (nice ones though ;-) )

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  • 3 weeks later...

UPDATE

 

Today I have received a note from the court with the judges comment

 

" If the Defendant wishes to enforce the order he must make whatever application he considers appropriate"

 

So I guess it time to make an order to get this struck out ...

 

Squidward

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Hmmmm let the DJ strike it out or apply for SJ against them .......

 

decisions, decisions ......... (nice ones though ;-) )

 

I would apply for Summary Judgement against them

 

You clearly have the DJ on side and SJ will prevent any claims in the future and should get you a good costs award to.

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Hi Gh et al

 

So - if I applied for this to be struck out or set aside using an N244 could they come back at a later date and start the start agian ?

 

With SJ (Summary Judgement) that would stop them being able to take this back to court at a later date ... I think I am understanding this ..?

 

Squidward

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SO means that they never had the chance to prove their case (IYSWIM) and so, with permission from the Court they could restart. Also means that the debt is in limbo as no ruling. Data can remain with CRAs although you would have a good argument from them to remove it (imho) You would also be entitled to costs.

 

SJ - means the case was heard and, subject to any appeal (yer right) they lose fair and square. This also effectively removes the debt as, if they have taken you to Court claiming it and teh Court has found that they do not have a case then the debt is effectively gone - and you can get any info removed from CRAs etc. Also entitled to costs and the DJ has quite a bit of flexibility on how to calculate them.

 

hth

 

and all jmho :)

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any news on this?

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  • 1 month later...

Hi All

 

Well there has been a change in tactics since my last post on our part!

 

Between my wife and I we have around 80K in debt with all except MBNA and Monument having enforceable agreements.

 

We have decided to go down the IVA route as this puts us in a better financial situation with more money to live on and should see the end of our debts in 5 years with a dividend to our creditors of around 0.24 pence in the pound and once approved "no creditor contact " Bliss - well hopefully!

 

I was advised by our IP ( insolvency Practitioner) to inform the court that she would be proposing an IVA - since then I have heard nothing from the court or MBNA AG in fact Lloyd's and Halifax are the only ones that have called!

 

Our creditors meeting is set for next week so I will update again then

 

Squidward:-)

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Hello squidward, I am pleased that you have found a solution that has resolved your financial problems.

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Thank you all very much for the help and support you guys have given me over the past year, Cit B, GH2008, emandcole, DiddyDicky, Steven 4064 and Bazooka Boo.

 

Without your help and pointers I feel sure AG would have got Judgment and Charging order. it's now included in the IVA. so nothing they can do now.

 

Thanks again

 

Squidward

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