HELP PLEASE. Court papers recieved from Arrow Global/Fairfax Solicitors - ***Claim Discontinued***

[vinegarvera]

Hi I have recieved court papers from Bradford for an outstanding amount in respect of a credit agreement with RBS. I think I need to acnowledge service to give me 28 days to defend and then send someting to Arrow to provide me with paperwork, though I am unsure as to what to do next, they sent an agreement of sorts to me a while back:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?128999-CCA-from-RBOS-Valid

 

I am usure if I can defend this and if so, for what reason...

 

Sorry to sound thick.

[vinegarvera]

Sorry, I also live very far away from Bradford. Can I go to court nearer?

[rebel11]

Hi vine

 

Have you been mis-sold PPI? or have you got Penalty Charges on this account? When did you last make payments on this account?

 

You can take the paper to your nearest county court and get the case moved there.

 

Also have a read of number (5) in my signature.

 

Thread moved.

[vinegarvera]

Hi vine

 

Have you been mis-sold PPI? or have you got Penalty Charges on this account? When did you last make payments on this account?

 

You can take the paper to your nearest county court and get the case moved there.

 

Also have a read of number (5) in my signature.

 

Thread moved.

 

Thanks all, I am not sure if there are penalty charges or PPI on this, I have sent an acknowlegement to Bradford and presume that I now need to prepare a defence?Is there a standard letter to send to them so that they send copies of all literature and is this the correct way to go as I have a copy of "CCA" already?

[vinegarvera]

Am I correct in thinking that I now send Arrow a CPR 31.15 to disclose all documentation? Do I need to do anything to transfer the procedings to my local court, or do I have to go down there in person? Also do I have to take a form down? Sorry I know this is basic info but it seems to have all vanished from my head and I think the law has changed slightly since that last time....

[42man]

Have a look here - http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED

[vinegarvera]

Okay,Have sent this to arrow and Fairfax solicitors:"Dear Sir,Re: Arrow Global v XXXXXX Case No: XXXXXXXCPR 31.14 RequestOn XXXX1 I received the Claim Form in this case issued by you out of the Bradford county court.I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.2. The assignment.3. The default notice.4 The termination notice.Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 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, fail to request more time or fail to agree to an extension of time for the filing of my defence, 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 faithfully"Do I now wait for 28 days for a response? I am a bit confused regarding dates, I have sent the acknowledgement back. Do I defend if they do not reply aftern 28 days, I havwe read the thread reccomended above but am still rather confused regarding dates....

[42man]

I'm no expert on County Court procedures VG, but if you have stated that you will defend all, then stick to the deadlines, 28 days (from date on claim form) in total to put in your defence....I believe that the embarrassed defence is nowadays not recommended, (have a search around the forums for some defences) but I think you can opt for a strike out if they fail to produce the documents requested. Although I think you can request disclosure on the Draft Orders with the Allocation Questionnaire....

[vinegarvera]

Thanks to all, my deadline is fast approaching and I have heard nothing back fro Solicitors. Unsure what to do now. I need to submit a defence in the next coupkle of days. Shal I opt for a disclosure and if so, do I have to send it back with my defence? Please help..

[vinegarvera]

Any help? Unsure how to proceed due to recent changes. Do I submit an embarrased defence or go for a strike out? If I need to go for strike out are there any reccomended threads as I cant seem to find any???

[42man]

Hi VG...these may be helpful - http://www.consumeractiongroup.co.uk/forum/showthread.php?134001

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?179597

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?179597

[vinegarvera]

Thanks 42 man. I need to send my defense in today, I have searched the threads but not sure what to do? I sent cpr to the claimant over two weeks ago, and have heard nothing... What shall I say on my defence? I am so confused, I would like to go for a strike out but not sure what to do??? Please help or advise as I think I will end up screwing it up.

[vinegarvera]

Okay, through septic tonsilitis, I have sent in this "Holding Defence"

 

"The defendant is unable to plead due to the claimants failure to comply with their CPR 31.14 duties in disclosing requested documents.

 

The Claimant has failed to respond to an extension of time given by the defendant to file a defence.

 

The defendant reserves the right to amend the defence"

 

Hope this is okay? I couldn't find a precedent for a strike out..

[sick.as.a.chip]

Hi sorry to butt in but I am at around the same point as you are with the same people!! Mind if I keep an eye on your progress???

[vinegarvera]

Hi Sick, no problem! Recieved a letter from fairfax today - no mention of the court claim.

 

"We can confirm that we have requested a copy of the agreement from our client which may take a couple of weeks to obtain. Once this has been received we can confirm that we will forward you a copy of this"

 

No mention of the claim!!! Do they know what they are doing? and that they are supposed to respond within certain time frames?

[eggy12]

Sounds good to me.. I recognize that holding defence

 

Your in the same boat as me V.. Keep an eye on my thread as i will yours and lets see what happens.. Your not alone in this although sometimes you think you are !

 

The ball is in there court and they will have 28 days to get documents to you or make there minds up to carry on or withdraw, you will shortly get a letter from the court saying they confirm your defence and have passed this on to the claimants..

 

Eggy12

[vinegarvera]

Strange.... Heard nothing from this until now, Received a court form giving Arrow until 29th Jan to provide docs. Apparently my forms were invalid.

 

Will post more tomorrow...

[vinegarvera]

Okay, General Form of Judgement or OrderIT IS ORDERED THAT1. Claimant shall by 29th January 2013 serve on the defendant copies of the following:a. Credit agreement reffered to in claim formb. up to date statement of accountc default notice, and d. notice of assisgnement with date of service of c. and d.2. Defendant shall by xx February 2013 file and serve a defence to the claim form as the present defence is not CPR compliant and is hereby struck out.3. The be refreffered to CJR District judge after xx February 2013Dated xx January 2013.Not sure what to do now really, if anything...

[vinegarvera]

Also, can a court leave it so long for judgement of order?

[vinegarvera]

Can they do this? REcieved judgement of order from court after Arrow global filed a claim almost two years ago:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?304917-HELP-PLEASE.-Court-papers-recieved-from-Arrow-Global-Fairfax-Solicitors-for-RBS-CC

 

Arrow were given until 29th Jan to supply the following:

 

:a. Credit agreement reffered to in claim form

b. up to date statement of account

c default notice, and

d. notice of assisgnement with date of service of c. and d.2.

 

I received these on Friday, so now I have to file a defence as my last one, they say, was invalid!!

 

I really do not know what to do and I find it strage that after two year I recieve the judgement of order an all required documents within a week!

[AndyOrch]

Threads merged please do not start new threads on the same matter Vin.

 

Regards

 

Andy

[Ganymede]

Can they do this? REcieved judgement of order from court after Arrow global filed a claim almost two years ago:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?304917-HELP-PLEASE.-Court-papers-recieved-from-Arrow-Global-Fairfax-Solicitors-for-RBS-CC

 

Arrow were given until 29th Jan to supply the following:

 

:a. Credit agreement reffered to in claim form

b. up to date statement of account

c default notice, and

d. notice of assisgnement with date of service of c. and d.2.

 

I received these on Friday, so now I have to file a defence as my last one, they say, was invalid!!

 

I really do not know what to do and I find it strage that after two year I recieve the judgement of order an all required documents within a week!

 

 

Yes. You need to get a Defence together now.

[vinegarvera]

Thanks, sorry Andy.

 

I am not sure what my defence would be or how to submit it, as my last defence is not CPR compliant and was struck out.

[vinegarvera]

Okay will post all documents they have sent when I get home, I am not sure what my defence would be, now that the court have said that my defence was not CPR compliant. I am still astounded that this can just drop on me after two years.

[AndyOrch]

Hi Vin

 

If you could perhaps post up your defence that was submitted.

 

Regards

 

Andy