MBNA and Arrow Global - claim form received - bal prob all unlawful charges ***Struck Out With Costs***

[AndyOrch]

Letters usually gather dust at the bottom of the DJ,s in tray its normally N244,s that are dealt with briskly maybe due to the fee?

By all means try a letter but considering you are requesting judgment in your favour and your PT 20 claim and costs maybe £40 would be worthwhile.

 

Andy

[MrHat]

One more q.

 

Should the other side have responded to the cc? I.e defending it?

 

I never got a aq for the cc.

[AndyOrch]

Yes they have 14 days to respond to your claim,I think it may be appropriate MR H to find out what exactly is the status of you PT 20 claim, why no AQ?

If its been lost in the system perhaps request a refund and go with plan B as discussed above.

 

Andy

[MrHat]

Hi ANdy. I want to fire this off and see if it works. Is it ok as is? I haven't put together a schedule of costs yet and was hoping to do that once (and if) the judge goes ahead and strikes out. Or do I need to do it all in one go? Thoughts?

 

 

It is noted that the Claimant has now failed to file in court their Allocation Questionnaire despite being ordered to do so by 20th February 2012

 

The Claimant has had every opportunity to file an Allocation Questionnaire and considering the size of the organisation, it is not unreasonable for them to have filed such documentation on time at the first opportunity. They have since been given a final chance to file the document (by 19th April 2012) and they appear to have ignored the Honourable Judge’s orders and have failed to comply as directed.

I would therefore request that pursuant to the directions given given by the Honourable Judge, that the claim is struck out and judgement awarded to the Defendant and that the Claimant be ordered to pay the Defendant’s costs to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

[AndyOrch]

Yes I cant see anything wrong with your proposal, don't worry about your schedule of costs for now as you have it covered within your request.Is this going in a letter or an application?

 

Regards

 

Andy

[MrHat]

well the Court keep telling me that it does not need an application or a fee. I can see their point as you'd think it is covered by my recent N244 application for a strike out which triggered the judge to write to the Claaimant to give them another chance. But then again, they could be wrong!!!

 

My thought is to try this and if it doesn't work, I will follow up with yet another application.

[AndyOrch]

Give it a go then

 

Andy

[MrHat]

My letter is with the judge apparently. It may take up to 10 days to hear back. All fingers and toes crossed here....

[MrHat]

Hmmm....just rang the court for an update -and apparently there was an unless order issued on the 11th may saying that unless they file their AQ by 23rd May, the case will be struck out...so this means that they have been given yet another chance!!!!! and I didn't receive a copy of this.

 

If this had been the other way round, I am convinced that i would have a CCJ by now. It seems the court system is loathed to find in favour of the defendant when a creditor has started legal proceedings.

 

How can it be that a judge can write to the claimant and say that they need to file AQ by 19th April or the case will be struck out, and then when they fail to do so, all that happens is another extension???

 

FUMING!

[AndyOrch]

Over a month late and still leniency unbelievable.4.00pm tomorrow Mr on the phone and demand it be struck out.In all honesty I'm sure that's what the Claimants wants then they don't have to discontinue.

How can you be 2month and 3 days late and the Court still issues "unless Orders"?

 

Andy

[MrHat]

It was originally due in February Andy!

[Old Cogger]

Lack of info to claimant seems to be the norm from these C.Cs , any other business would be investigated by Regulators.

[AndyOrch]

It was originally due in February Andy!

[MrHat]

UPDATE: Decided to give the court a call as the deadline was 4pm on the 23rd. They have NOT received AQ (but if it was sent in just before the deadline, it may take a few days to show up on the system so not counting my chickens yet).

 

I never received a copy of the unless order which was issued on 11th May. The cpurt lady is popping one in the post to me. I got her to read it to me and it said the following (roughly):

 

Unless the claimant completes and files an AQ by 4pm on the 23rd May, the case will be automatically struck out without further order of the court and the claimant shall pay the defendant's costs in line with LIP rules blah blah etc.

 

Off on a business trip early next week so will ring and check if they did file in time next Thurs. Tick tock........

[caro]

Sounds promising but we've been here before.

[MrHat]

UPDATE - Called the court and the order has not been complied with. This will apparently trigger the civil team to confirm that the claim is struck out and and confirmation will be sent to both claimant and me soon. (One thing he did say is that, as with all orders, they can appeal but would have to provide a good reason as to why they haven't complied)Sounds pretty positive to me.Will wait for the order before trying for costs.

[AndyOrch]

Excellent Mr Hat

 

Not before time, let me know once you have received the order and I will amend your thread title to reflect the result.

Keep that Chablis on ice for now though.

 

Well done and kind regards

 

Andy

[pixie30]

Hi Mr Hat

 

Well done for standing up to these people. I have received a supposed N of A from them saying they had been assigned HSBC debt from Phoenix Recoveries and to send payment to Largo - who I had been paying from 2007 and had settled a F and F in 2010 on an unenforceable debt. Have sent CCA's again to both Arrow and Largo and repeated above. Anyway again, well done for fighting your corner and good luck with the future.

[MrHat]

Many thanks Andy and Pixie. As Andy says, Le Chablis is on ice for now, will wait for confirmations to arrive and appeal time to expire. Happy that we have got this far

[MrHat]

Hmmmm, spoke to the court to chase things up and spoke to a more clued up sounding member of staff. The follwoing seems apparent1. The Claimant's slaim has been struck out. The order was an 'unless order' and said that the case would be struck out without further direction. The AQ has not been filed and it would have shown on the system by now if they had submitted on thime. I never received the unless order so have asked for a copy for my files.2. I can now write to the judge to claim costs as per the order - *****question for you guys - does this need to be via an application?***** 3. My counterclaim is still live and the reason I didn't get a seperate AQ for this is because they have not submitted a defence. I asked if I could then request judgement in my favour for this and she said that I should write to the judge. - *****again, would this be another application, so two seperate applications?*****So....what do you think? The lady said it was very strange as they had solicitors acting for them and they should have filed their AQ. I think the Sols passed the file back to Arrow but never notified me or the court and that this is a key reason for the radio silence.How would you play this and in what order?

[MrHat]

Sorry for no paragraphs! I did put them in but my work pc is playing up. Will edit later

[AndyOrch]

One application is the way to go, not that I think you should have to, considering the Claimants behaviour in this claim with further expense to yourself.On receipt of the Unless order make application for Judgment and Costs.

 

" The order was an 'unless order' and said that the case would be struck out without further direction. "

 

Regards

 

Andy

[MrHat]

Cheers. Would you bother asking for judgement for the cc or just the original claim for now Andy?

[AndyOrch]

You can only request judgment for your CC as they have not responded with any defence.

[MrHat]

Sorry if I'm being a little thick Andy - but is that a 'yes' i should ask for judgment for my CC? Or would that complicate things? I've been at work all day and brain is a little frazzled so will give it some thought and come back later with a clear mind!