Claim form from Arrow Global / RBS Mint *** claim Struck Out***

[sick.as.a.chip]

Thanks! I'll have a read,

I had an extension with fairfax agreed to 20th June

I have asked them for a letter to confirm that and not had one. ( I wanted to send a copy to the court)

[Guest]

Letter on the mat:

DEBT OWED TO ARROW GLOBAL

ASSIGNED BY ROYAL BANK OF SCOTLAND

WE THANK YOU FOR YOUR LETTER DATED 18TH MAY 2011 RECIEVED ON 23RD MAY 2011 AND ACKNOWLEDGE YOUR REQUEST FOR DOCUMENTATION PURSUANT TO THE CONSUMER CREDIT ACT 1974.

WE DO NOT ACCEPT THAT WE ARE THE CREDITOR AS ENVISAGED BY THE ABOVE STATUTE. HOWEVER, WE ARE WILLING TO ASSIST IN OBTAINING THAT WHICH HAS BEEN REQUESTED. WE WILL NOW PROCESS YOUR REQUEST FOR DOCUMENTATION FROM THE CREDITOR AND WILL REVERT IN DUE COURSE.

WE CONFIRM THAT ALL COLLECTION ACTIVITY WILL BE SUSPENDED PENDING PROVISION OF THE DOCUMENTS.

YOURS SINCERELY

ARROW GLOBAL

 

looks like they maybe trying to avoid their responsibilities as an assignee!

[AndyOrch]

Have you checked with the Court the status of the claim?

Your case is unusual because you have not had conformation from the Claimant but have advised the court of the agreed extension so you are presuming that the 20th is the date.The Claimant as said they wont take further action until after this date (by that they wont request judgment until you have submitted your defence/they have furnished requested documentation). I hope they keep there word and when you do check the Court states awaiting your defence and not you have not submitted a defence.

As the 20th is now only 4 (1 day in reality) days away it looks like they wont be complying with your CPR request (which is no great surprise) and as such you may need to submit an holding defence tomorrow Friday (not being CCBC).

 

Andy

[AndyOrch]

looks like they maybe trying to avoid their responsibilities as an assignee!

 

Dont all DCAs Ford?

[Guest]

Dont all DCAs Ford?

 

 

[sick.as.a.chip]

So how do I go about putting in a holding defence?How long am I supposed to give them to get the information I requested together before I ask for the case to be dismissed? At the moment when I submit my holding defence it will still be hanging over me?Just a little unsure what the next stage is??

[AndyOrch]

So how do I go about putting in a holding defence? Write one out and get it to the Court today or Monday at the latest How long am I supposed to give them to get the information as stipulated in your CPR request I requested together before I ask for the case to be dismissed? You cant ask for it to be dismissed you enter a defence or you get a CCJ At the moment when I submit my holding defence it will still be hanging over me? Not if you dont submit a defence you will have to pay in full in 28 days Just a little unsure what the next stage is??

 

 

The next stage is to enter a defence, you have requested information to base your defence on and asked for an extension to allow this, neither have been complied with.

They are simply watching the clock waiting for 4.30 Monday for you to miss the deadline then hey presto they enter judgment.You receive a CCJ if that judgment is not paid within 28 days.If its still not paid after 28 days they will then apply for a Charging order on your home to secure the Judgment.

 

That is the process. I will ask again have you checked with the Court when they (the Court) are expecting your defence?

 

Regards

 

Andy

[Chipmeister]

I will ask again have you checked with the Court when they (the Court) are expecting your defence?

Andy

 

The above is SO IMPORTANT Sick - please get on to the Court asap. Also, try and get your defence ready today and send it by registered signed for so it is received Monday before 1pm. If you do not get it sent by registered signed for today, the Post Office will not get it to the Court until Tuesday before 1pm. Time is of the essence Sick, call the Court first of all and let us know what they say.All the best,CM

[sick.as.a.chip]

Morning,

My defence:

THE DEFENDANT IS UNABLE TO PLEAD DUE TO THE CLAIMANTS FAILURE TO COMPLY WITH ITS CPR 31.14 DUTIES IN DISCLOSING THE REQUESTED DOCUMENTS.

THE CLAIMANTS HAVE FAILED TO RESPOND IN WRITING TO AGREE AN EXTENSION OF TIME BY THE DEFENDANT TO FILE A DEFENCE DUE TO THE CLAIMANTS NON COMPLIANCE WITH ITS CPR31.14 DUTIES.

THE DEFENDANT RESERVES THE RIGHT TO AMEND THIS DEFENCE.

(Thanks Eggy12 )

I have today confirmed with the court that my letter to them stating that Fairfax had agreed an extension to file my defence is due today has been accepted and that my defence is due in by no later than 4pm today. I have confirmed that I can fax this through to them and that that is acceptable with the hard copy arriving tuesday. I will also fax the NFA letters I have recieved from both Arrow Global and Fairfax for the courts information.

I am also planning on sending them a copy of all of my request letters.

If anyone is still talking to me can you just confirm I am right and I will fax when I get to work and obtain a fax reciept!

[AndyOrch]

As long as a defence is entered (on time) thats all that matters.

 

Andy

[sick.as.a.chip]

All submitted to the court this morning by fax.

[eggy12]

lets see what happens now

[AndyOrch]

ok, thanks. so, a 'request' would still need to be made albeit electronically.

 

 

Just off subject Sick for Fords attention :-

 

 

 

Judgment in default will be entered automatically 22 days after issue of the claim in cases issued through the CCBC. The 22 day B/F period between the issue of the claim and the entry of judgment includes the normal 14 day B/F period from the deemed date of service (5 days after the date of issue) plus a few extra days to allow for weekends and Bank Holidays.

Interest to judgment will be calculated automatically

IDMS does not have a de-minimis amount for the inclusion of interest amounts in the claim or at judgment.

 

 

So as I stated CCBC = Auto no request needed providing its not been transfered and no defence pleaded.

 

Regards

 

Andy

[Guest]

thanks.

22 days from issue? so, is this where there has been no AoS?

Edited June 21, 2011 by Ford
typo

[AndyOrch]

Correct Ford.

 

 

Andy

[Guest]

ok. so, where there has been an AoS (as in sick's case for eg) an actual 'request' would still be needed (albeit electronically)?

[AndyOrch]

Yes providing an AoS is completed if not its auto without request.

[sick.as.a.chip]

Morning!Got my allocation questionare last night in the post. The case has been moved to my local court now which should make things easier. When I fill it in do you think its worth putting in the Other Information box that I have still not had any of the documentation I have requested from the claimant? I have has letters from both Arrow Global and Fairfax to say they are looking into it and no further action will be taken??Thanks guys! It has to be in by 18TH JULY.

Edited July 3, 2011 by sick.as.a.chip
additional info

[sick.as.a.chip]

Bump

[AndyOrch]

Plenty of time to prepare Sick.Have a read around or look in my posts.Is it the N149 or N150 I cant recall the value of your claim?

 

Regards

 

Andy

[eggy12]

Sick, if the AQ is 150 then take another look at my thread.. Im one step in front of you

 

EGGY

[AndyOrch]

No disrespect Eggy, having just taken a look at your AQ but I would advise Sick against using those draft directions.

 

Regards

 

Andy

[sick.as.a.chip]

Hi, thanks. Mine is a N149.

Lucky me I also got a N152 - Notice of defence

and a N271 - Notice of transfer

Its like Christmas..... not!!

[AndyOrch]

Small Claims Track then Sick.Its fairly quite straight forward to complete.You need a good " Other Section "

to get your points across to the DJ.The other 2 notices are standard response because you defended.

 

Andy

[sick.as.a.chip]

Hello!"! I'm having trouble working out what the diff is between a N149 and a N150 (Mine is the 149).

Andy you posted some really interesting stuff on "drowning not sunk"s post on allocation questionare. I cant find anything similar for my N149? Any one have any idea's (Sorry dont know how to link to the post I'm talking about??)

 

Ok N150

 

You can use the following as a guide but dont just copy the Directions or Other section unless its similar edit to suit:-

 

 

Draft Order for Directions

 

 

 

1 The Claimant shall not later than 4:00pm on (date) (being a date 2 weeks from the date of the making of the case management directions) file and serve a verified true copy of each of the following documents mentioned in the Particulars of Claim

 

(a) the executed regulated consumer credit agreement made between the defendant and xxxxxxxxxxxxxxxxx under reference xxxxxxxxxxxxx together with any

terms and conditions that applied to it, the original document must be brought to the hearing.

(b) the default notice together with proof of service

© notices of assignment together with proofs of service

(d) a full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

(e) any other documents on which the claimant will rely

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the fast track and

 

4 The Defendant shall file and serve an Amended Defence by 4:00pm on (date) (being a date 6 weeks from the date of the making of the case management directions).

 

 

Other Information

 

 

 

 

 

Section I

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

Without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case.

 

The House of Lords in the case of Wilson

v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

Its is respectfully requested this case be allocated to Small Claims Track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

Therefore it stands to reason that these documents must be disclosed before this case can progress any further

 

 

Pre-Action Protocols

 

 

 

 

 

Section C

 

 

This case is not covered by any approved protocol, I have tried to act reasonably in exchanging information/documents relevant to the claim, however the claimant has been unco-operative.

 

On the DATE I wrote to the claimant requesting information pursuant to the CPR part 18, in order that I could investigate their Particulars of Claim, and file a suitable defence.

A copy is attached to this form.

 

The claimant has not replied

 

 

 

(Edit this is N150)

Section A tick no to all

4 reasons The claimant has failed to substantiate this claim

Section B tick yes (if it has already been transferred to your local court) if it has write that in the box, if not write that you are unable to travel etc.

section C tick no. in the box write "please see attached section C"

Section D Write the amount they are claiming, not including costs

applications tick no

witnesses write your name, and in brackets "myself"...in the other box write "all facts"

Experts tick no to the first question, leave the rest blank

Track fast track....leave the box blank

Section E 2 hours....fill in the rest if there are any dates you cant attend

Section F tick yes to 1st question...no to 2nd

Section G leave blank

Section H leave blank

Section I tick yes to the 1st question...no to the second

tick no to applications

in the big box write "please see attached section I"

 

Sign & date it etc. For Court Unsigned for Sols Copy

 

 

Regards

 

Andy

 

Hello!"! I'm having trouble working out what the diff is between a N149 and a N150 (Mine is the 149).

Andy you posted some really interesting stuff on "drowning not sunk"s post on allocation questionare. I cant find anything similar for my N149? Any one have any idea's