Threats of court proceedinsgs from Drydens & Shoesmiths (Arrow)

[angryape]

Reposted from another group...

 

Hi folks, I wonder if you can help me? I have recently received letters from both Drydens and Shoosmiths threatening county coury action if I dont pay two large debts. I believe the last payment to either these accounts would have been in August 2005. I have not had any contact with them since that date but understand the default may have been later.

 

I have had some letters from these guys previously and just ignored them. Am i better off waiting the rest of the year out so that six years will have passed and it becomes statute barred, or should I get in touch with them and ask for evidence?

 

It says the client is Arrow global so I imagine this is a debt collection company who has bought the debt cheaply with a bunch of other peoples debt - is that how it works? Are these just standard automated letters or should I do something about it sooner rather than later?

 

Thanks in anticipation,

 

Angryape.

 

 

[angryape]

Some more info... the accounts are a credit card and a loan, they were opened in 1997.

 

Many thanks,

Angryape

[dx100uk]

pers i'd ride it out.

 

they are only chancing their arm because its almost sb'ed or is already.

 

if the OC really wanted their money

they would have done this themselves years ago.

 

dx

[angryape]

Hello DX, thanks for reading and replying to my post. Im normally quite happy ignoring letters etc. The only reason I became a bit concerned is that I read on here that Drydens are one of the few that actually do go to county court - do you have any experience of this at all?

 

Many thanks,

 

Angryape

[dx100uk]

you are on a phishing list...

 

they pass it around

 

i've tried ... here you try...

 

phishing for a mug to fleece.....that knows no better.

 

dx

[angryape]

Hi DX, thanks for your replies - ill ignore it and see what comes next!

 

Many thanks,

Angryape.

[harrassed senior]

Keep us posted with what comes next because if they do seriously threaten Court there may be some help and advice available. Do you know the actual date of your last payment on these?

[angryape]

Hello harrassed senior, and thank you for your help. Unfortunately I do not know the actual last payment date on either but I do know that it wouldnt be any more recent than the start of September 2005 as I left the country for a year at that point. As soon as I receive any further info I will let you know. As the letter says that unless I pay the amount in full or make realistic proposals within 14 days, county court proceedings will be issued against me via the county court bulk centre in Northampton without further notice; if this is true, the next correspondance would be from the court I imagine.

 

Now if they are serious, would I be sent the evidence they have of these accounts or would I have to start requesting notice of assigment and CCA's etc? I wont make a single move without the advice of you guys on here - I have read a lot of threads and respect the way you have helped people out.

 

Many thanks,

 

Angryape.

[angryape]

Hello again all. I have received my next piece of correspondance from Drydens. Offering a final settlement offer and telling me that I have been provided a notice of intention to issue county court proceedings and a date that they will be issued no earlier than. Previous correspondance said that they would issue court proceedings within 14 days about 21 days ago so this sounds like more phishing, hoping that I will get in touch with them in a panic. Shall I keep on ignoring until I do actually receive a county court claim form? Hopefully if I do that it and then ask for CCA request, notice of assignent etc, the account may go into dispute and then will end up going past the statute barred limit. Is this the course of action you would advise? Any advice would be greatly appreciated!

 

Many thanks,

Angryape.

[dx100uk]

settlement offer

 

tahts the clincher then

 

no dca would offer a settlement if they could smoke the whole cirag

 

either the paerwork is naff

or

its all ppi/charges

 

ignore

 

dx

[angryape]

Hi DX, thanks for the reply, thats brilliant - Cheers!

[angryape]

Hi folks, I have just received a claim form from Arrow/Drydens for the County Court. could I have some advice on what to reply with, what documents to request, and the links for those documents please?

[Happyhippy1959]

Yo ignore, will follow with interest.

[angryape]

Thanks for that happyhippy but Im sure most posters advise not to ignore county court claim forms as you could end up with a CCJ in your absence - Im pretty sure its going to be stature barred within 4 months.

[Happyhippy1959]

Sorry for the mis-understanding Angry Ape,,, did not mean ignore court order mean't ignore those fools. is it a threat and a threat only or have you been issued with the papers.

 

If it is a intended letter then read below. If it is court papers then post up and we will take it from there.

 

I could have wallpapered my house with those by now,,,,, You are in dispute if they wish to take it to court then you can defend.... I would and this is me personally just write and say PUT UP OR SHUT UP

 

If however in the unlikely event they do try there arm in court you have the right to defend and 99% of the time these fools rely on you not defending....

 

And also they will try Bulk Court claims at Northampton... So if and it is a big if, they send you a court summons, these good guys and gals on here will take up the mantle of fight against these muppets and chancer's.

[angryape]

Thanks Happy Hippy. So when I reply online to say I dispute the claim, I should then write to the claimant requesting what info?

[Happyhippy1959]

Firstly, what county court are they taking you too?????? is it Northampton.???

 

Secondly, and people will be along with more court experience than I, you need to get the hearing moved to your local county court... You can do this on line.

 

Also under the CPUTR, you can request all the evidence that the plaintiff is going to use against you. I believe, this can also be done on line, but await more experince caggers to come along or start a new thread about the county court claim.

 

Now there are many defences u can use,, and again i would await the experience boys and girls to point you in the right direction.

 

NOW VERY IMPORTANT, HAVE YOUR REQUESTED A CCA FROM THESE PEOPLE..... IF NOT GET ONE OFF TODAY AND I BELIEVE THIS WOULD STAY A COUNTY COURT APPEARANCE AS THE ACCOUNT IS IN DISPUTE.

 

AGAIN, DO NOT ACKNOWLEDGE THE DEBT AS YOU SEEM TO BE NEAR THE SB PERIOD...

 

YOU COULD GIVE PRIORITYONE'S POST A LOOK AT ( FIGHTING BACK USING CPUTR ) GOOD INFORMATION THERE.

 

IF YOU CAN POST UP THE COURT PAPERS THAT WOULD BE GOOD.

 

What get's my suspicion up here is that they offered you a discount,, now as anyone would tell you they would not offer that if they knew they had a water tight case, just read on here the amount of people who allowed companies to take the debt through Northampton bulk processing courts without even challenging what the other side had... Any solicitor who was worth his salt would not approach a case if they knew they did not have the paperwork in place and the big one IF YOU THE CLAIMANT KNEW YOUR RIGHTS.

 

If and a big if it continues to a court of law,, many people on here will offer to attend court with you as a McKenzie friend, that is a lay person who can help you with your case... read the many success story's of company's pulling out or not turning up at court, then you can claim expenses from them....

Edited June 9, 2011 by Happyhippy1959

[Happyhippy1959]

Hi Ape-man, been doing a bit of reading for you and what you need is a CPR 31.14 (court protocol rules ) they the plaintiff have to give you all the paperwork they are relying on in court.

 

Do contact Priorityone, she knows a lot about CPR

[angryape]

Thanks Happy Hippy.

 

So I should respond online disputing the claim and request the paperwork they intend to rely on,

 

Request the CCA,

 

Request notice of assignment maybe?

[Happyhippy1959]

oh yes definitely, I believe it can all be done on line...

 

If they have not got the CCA how in Gods name are they going to convince a judge....????? They are hoping your ignorance will let them have a judgement by default but hey ho....

 

I am a gambling man so I would say once you send that request and request under the CPR rules they will run a mile.

 

Give priorityone a PM she is well up to speed on court procedures. I expect after five o'clock tonight you will have lots of the experience crew on who know a lot more about county courts than the humble hippy.

 

Remember,,, They have nothing to go on, they have not supplied anything to you, deny the debt request the CCA, that will stall them. Your nearly at the STAT Bar stage hence the upping of there threats.

[Happyhippy1959]

I'm away now for the weekend,,, 3 x 13 hour shifts on the ward, will catch up with you Monday,, but keep calm, Hippy still thinks its a bluff and chance game there playing.

 

If you request a CCA from them then you can halt the court proceedings, because the account is in dispute. As I said the guy's will be a long later to tell you what to say when you request a Stay of the hearing..

 

Don't worry,,,, all will work in your favour,,,

[angryape]

Hi guys, any advice on what to put as my defence when im disputing the claim online?

[angryape]

Thanks again for the advice Happy Hippy. I wonder if anyone else could give me some advice... I was just looking at the online acknowledgement of service guidance - if I think that the debt will be statute barred by say, September at earliest, should I try to drag out as much as possible? For axample, only acknowledge at the end of the 14 days and then ask for a further 28 days to prepare my case. It is being held in the Northampton Bulk County Court - should I ask for this to be transferred to my local county court?

 

When I request the CCA, will this put the account into default and therefore the court date will have to be moved again?

 

Any help would be much appreciated.