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    • best to be sure it is a N279. not that they pull any underhand stunts of course   but we have seen it. your bal is now £0 but we'll still attend court as you'll probably not as we've said we've closed the account and we'll get a judgement by default. dx  
    • Sorry, last bit They had ticked that they wanted the application dealt with without a hearing, so is there any relevance that a date and time to attend said hearing has been sent out ?
    • I've not seen it personally but I think that's the letter Dad has had from Overdales. I'll see it tomorrow. It states balance: zero
    • Agreed as you clearly have little faith in your star runners, mind you - I have less - conditional on the welcher clause I defined being part, and that we are talking about the three defined candidates: Tice Farage and Anderson - not anyone anywhere as reform might (outside chance) get someone decent to run somewhere. If any of the three dont run - they count as a loss.   welcher clause. "If either of us loses and doesn't pay - we agree the site admin will change the welchers avatar permanently to a cows ass - specific cows ass avatar chosen by the winner - with veto by site on any too offensive - requiring another to be chosen  (or of course, DP likely allows you can delete your account and all your worthless posts to cheapskate chicken out and we'll just laugh) "
    • This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that 1) The Claimant respectfully applies for an extension of time to comply with paragraph 5 of the Order of Deputy District Judge XXX dated XX March 2024 i.e. the evidence upon which the parties intend to rely shall be filed and served not later than 7-days before the hearing. 2) The Claimant seeks a short extension of time allow them to further and properly investigate data provided to them by Royal Mail which is of importance to the proceedings and determination of the Claim. 3) The Claimant and Royal Mail have an information sharing agreement. Under the agreement, Royal Mail has provided data to the Claimant in respect of the matters forming the basis of these proceedings. The Claimant requires more time to consider this data and reconcile it against their own records. The Claimant may need to seek clarification and assurances from Royal Mail before they can be confident the data is correct and relevant to the proceedings i.e. available to be submitted as evidence. 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024. 6) This application is a pre-emptive one for an extension of time made prior to the expiry of the deadline. In considering the application, the Court is required to exercise its broad case management powers and consider the overriding objective. 7) In circumstances where applications are made in time, the Court should be reticent to refuse reasonable applications for extensions of time which neither imperil hearing dates nor disrupt proceedings, pursuant to Hallam Estates v Baker [2014] EWCA Civ 661. 😎 It is respectfully submitted that the application is made pursuant to the provisions of CPR 3.1(2)(a) and in accordance with the overriding objective to ensure the parties are on an equal footing when presenting their cases to the Court. The requested extension of time does not put the hearing at risk and granting the Application will not be disruptive to the proceedings.   They have asked for extension Because 2) The Claimant requires additional time to consider and reconcile data received from Royal Mail which is relevant to these proceedings against their own data and records in order to submit detailed evidence in support of this Claim.
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Northampton County Court Claim form received - help please! **Claim dismissed**


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Hi folks, I wonder if you could help me with this. I received the Northampton county court claim form yesterday. Its Arrow Global using Drydens as solicitors. I havent had any communication with them at all and think that my last payment on this loan was at longest - July 2005 but definitely not any later than September 2005. So it looks like very soon it may be statute barred.

 

Could you help me with what to do next - I assume I reply to the court asking for the full 28days and then request the info from the claimant, hoping that they either have none, or it drags out past the statute.

 

Should I ask that its transferred to my local county court?

 

Could somebody take me through it step by step and point me towards the appropriate templates please?

 

Many thanks,

 

AngryApe

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Thank you DonkeyB. The particulars read... The claimants claim is for the sum ____________ being monies due from the defendant to the claimant under a regulated agreement between the defendant and FV-1 inc

(No ______________________) and assigned t the claimant on ____________, notice of which has been provided to the defendant.

 

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974

 

And the claimant claims the sum of __________________

 

I left any amounts out in case of DCAs reading the forum.

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Im not sure who FV1 are - I imagine they are a DCA who bought a debt off a bank i used to use. I have been moving about a bit so wouldnt have all the information. I have had various letters from various companys saying I owe different amounts but have ignored everything up till now. I have only taken notice as its a court claim. Would a default notice be from the court or a DCA?

 

It was assigned last November according to the POC - I dont have copies of anything to do with it im afraid.

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Thank you so much for your help today DonkeyB, I have read the links you posted and feel a bit more informed. I have acknowledged the court online and have amended and will be posting by recorded delivery, the CPR request in a moment. In their POC they refer to a regulated agreement between myself and FV-1, as they are a DCA surely no agreement would exist between us if I have had no contact with them ever?

 

Many thanks,

 

AngryApe.

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Spot on. The agreement would have been with a bank, if it in fact existed. Do you know what the supposed original debt was for? Credit card? Loan? They say regulated, so it would probably not be a bank account.

 

The PoC is all you can respond to – if there was no agreement with FV-1, then that is a defence. But a long way to go yet.

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Thanks DonkeyB, I think it was for a loan with the bank - I am assuming that as the debt has changed hands more than once, there is a greater chance that the original agreement may have been misplaced.

 

As I have now responded to the court and sent the CPR request, does that mean I should forget about it almost being stature barred?

 

Many thanks,

 

AngryApe

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  • 2 weeks later...

Hello again folks - could I use your knowledge again? I sent the CPR 31.14 request by recorded delivery Friday before last and have not received any post from the claimant since. Could I ask what my next move will be regarding 1. The claimant, 2. the court?

 

Thanks in anticipation,

 

AngryApe.

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1. Re claimant. Send an urgent reminder by recorded post, stating that failure to comply with your valid CPR request will leave you no alternative but to ask the court to strike out the claim (unlikely, but make the threat anyway). Did you ask specifically for the NoA and the enforceable credit agreement in your CPR request?

 

2. If you acknowledged on line, you have a further 14 days to enter a defence. What date do you have to have your defence in by?

 

Did you ever receive an NoA from them in the first place? Did you receive a letter before action?

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Thanks for your reply DonkeyB, what is an NoA? I used the template form used a lot on this forum - what I asked in the letter was...

 

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 the 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

5 any other documents you intend to rely on in court

Is there anything else I should have asked for?

I acknowledged 10th June 2011 on the online system.

I had received many letters threatening court action but was advised on the DCA forum on here to ignore them.

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NoA = notice of assignment, as mentioned in your CPR request and their claim!

 

It’s important that you understand what you’re asking for. That’s why I posted the links to the explanatory threads.

 

Simply repeating templates without adapting them to your personal situation is dangerous, but you have been lucky in this instance.

 

Send the reminder, recorded, enclosing a copy of the original letter. Demand a response by return, or a statement to the effect that they do not have the documents in their possession.

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Sorry DonkeyB I did read your links but couldnt remember all of the terminology a week later. I shall put the letter together as you suggested and send it today via recorded delivery.

 

Many thanks for your time,

 

AngryApe

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Hi again. It is now the 23rd and I still have not received any post from the claimant after sending an urgent reminder and the original CPR 31.14 by recorded delivery. Could you please advise what my next move would be? Should I contact the court and inform them they have failed to pass details of the POC or do I launch my defence stating they have failed to contact me?

 

Many thanks,

 

AngryApe

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There’s nothing much else you can do except enter a defence based on having little or no understanding of the claim as it is so vague, with a request that the claim be struck out due to non-compliance with CPR. Alternatively, you can spend £40/£75 to apply to have the case struck out because the PoC is utter bow-larks.

 

When does your defence have to be in by? What was the date on the claim form? Add 32 days to the issue date.

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Thanks again DonkeyB for your continued help.

 

Issue date: 06/06/11

 

So I believe the last possible date for defence is 4pm 11/07/11 (according the the court helpdesk line).

 

Is there any special way of wording my defence - court "prose" or anything?

 

Many thanks,

 

AngryApe

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Let’s wait a little while to see if there is any response to CPR. Jon’s advice is spot on, but you could ask for a similar order at the AQ stage without any cost – however, the judge may not grant your order, and that’s a bit of a lottery.

 

Why not phone Drydens and ask where the CPR is? Record the call if you can, but do not enter into any conversation about the alleged debt or the case itself. Any such contact can be difficult to make, but it should not frighten you, and you are showing to the court you are trying to resolve the issue.

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