Arrows/Cater claimform - old Mobile debt

[AJR1]

I should imagine you'd be able to use the same. I've wrestled control back from the claimant quickly and decisively so we shall see what happens over the next couple of days. It will be interesting to note what happens.

[wannabedebtfreesoon]

This is one I think would probably suit your circumstances, have a read and see what you think

Maddiemay you are always welcome to use anything you find here, that's the generosity of cag

 

DEFENCE

 

 

 

1. The claim as pleaded does not contain sufficient particulars to permit the Defendant to file a properly particularised and pleaded defence. The Defendant has made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow him to properly respond to the claim. The Claimant has failed to respond to the Part 31 request.

 

2. It is Not admitted that the Defendant signed an agreement with XXXX . If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. The Defendant does not have in his possession any such agreement and is not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

 

3. It is averred that if any agreement existed that the aforesaid agreement was a regulated agreement within the terms of the Consumer Credit Act 1974 (The Act). It is not admitted that any such Agreement is enforceable within the terms of the Act. The Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its' inception.

 

4. The Defendant has no knowledge of the service of a default notice. The claimant is put to strict proof as to the content and service of any such alleged default notice.

 

5. Further and in the alternative it is not admitted that the sums claimed are lawfully owing. The Claimant is put to strict proof as to how the sums claimed have been calculated and as to how it is asserted that the sums claimed are contractually owing.

 

6. Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed or at all.

 

7. In view of the foregoing it is denied that the Defendant is indebted to the Claimant as alleged or at all.

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

 

I am the Defendant.

 

 

XXXXX

 

 

Date

[AJR1]

Do I pick one or use all of them? - Oh and my claim is not relevant under the terms of the Consumer Credit Act unfortunately.

[wannabedebtfreesoon]

That's ok, just amend it to suit your own circumstances, when it comes down to it you will have to answer in court for what you submit so you need to make sure it's properly suitable for you and you understand it completely.

[AJR1]

Yeah I will use that as a very strong starting point. It is however incredulous to believe that I can file a defence against a document that I do not remember ever reading.

[AJR1]

County Court tomorrow for hearing number 2 regarding the case of an outstanding mobile phone bill which was disputed. AG has not provided a copy of the contract to me or the court, even after the DJ ordered them too via N244.

 

First hearing since the order, any tips?

[MARTIN3030]

Shame you did not update your thread since August 2010.

 

You need to bring the non compliance to the Courts attention and ask for a strike out.

There is no guarantee that the Judge will agree.

Has there been any contact with you and AG since August ?

Who is defending is it Carter or do you know which Solicitor ?

Is the hearing in your local Court ?

What time is hearing ?

 

You have left it late in the day for this.

Will merge your other thread here and retitle.

[AJR1]

Everything went kind of quiet and there was nothing to report.

 

You need to bring the non compliance to the Courts attention and ask for a strike out. - I intend to

There is no guarantee that the Judge will agree.

Has there been any contact with you and AG since August ? - None other than them sending letters requesting the debt be repaid

Who is defending is it Carter or do you know which Solicitor ? - AG contracting a local firm

Is the hearing in your local Court ? - local county court

What time is hearing ? - afternoon

[MARTIN3030]

Ok.

Am trying to get thread title changed.

If they using a local you may be ok-since its possible they will not be able to answer all the questions.

It is known that Orange disposed of lots of accounts just before,and just after they restructured into Always and everything.

In fact there are many reports of accounts that were in dispute being assigned.

It seems that there is an overwhelming number of cases in which Arrow Global do not even hold any documentation at all aside from a name and an account balance.

There are also issues in relation to the enforcement and business practices used between Arrow Global UK and its non UK operation.

[AJR1]

 

It raises questions of concern, I'm yet to receive any docs mentioned in particulars despite a cpr31.14 and a court order reinforcing my request.

 

Quite nervous about it if I'm honest how's the best way to go about mentioning non compliance are there legal terminology I should know or learn?

 

The account was I'm dispute also when it was assigned

[MARTIN3030]

Terminology ?

Well often some will cite abuse of process but its prev been held that failure to file or late filing is within itself not valid reason to equate to abuse of process.

Better to say that they have failed to comply with the Courts previous directions,which has frustrated your ability to properly defend.

This then fails to meet the overriding objective and creates an imbalance of fairness.

Judges are not stupid.

Bullet point these concerns.

If the defence try to offer this up to you before your hearing-which sometimes happens-then bring this to the Courts attention when you go in-and make it clear to the defence that you WILL DO SO.

Dont be fobbed off with any 15 minute adjournments.

Simply say-these submissions are an integral part of your defence and therefore you cannot be expected to defend on the basis of 15 minutes to look over them.

[AJR1]

Well here goes ... Any last hints or tips