Claim Form - arrow global/HBOS CC. *** DISCONTINUED ***

[trying to save]

mooshy following your thread with interest i am in exactly the same position as you

 

Take care

 

TTS

[Undercover-Elsa]

Hi Mooshy,

No idea what the 12th September is about either ...that makes it 8 weeks from next Monday. Probably because they envision having difficulties locating the documents. Trouble is, if you agree to this then they get more chance to come up with them and you can't submit an N244 until after that date. However in view of everything else that you're having to deal with at the moment, exams, new baby etc, then at least it will give you some breathing space. Meanwhile, if they cannot come up with the docs, they may also still discontinue. Waiting game now...plus your SAR should be back soon.

 

If it's been stated that the defence should be in by 20th, then I think it means by 4pm on 20th. So you should be OK ringing first thing tomorrow if it's really impossible today. However I'm a cautious cat and never like leaving anything to chance or last minute, so if it was me I'd make sure the court got some notice today. Any chance your husband could fax them? Failing that ring them to inform them and state that you will phone and confirm tomorrow and forward the sols letter. Alternatively, if you signed a letter ready to go, if theirs arrives today could he copy/send by next day delivery to court? Only you know what's feasible

 

Elsa x

[mooshy]

Morning Elsa,

Ok Mon i e mailed the court and attached copy of e mail from solicitors.

Monday i posted copy of letter from solicitors recorded would have arrived yesterday.

This morning i phoned the court-lady said they were five days behind looking at mail and that i shouldny worry because even if they tried to obtain a judgement today it wouldnt stand because i have the letter-she said worst case would be that i`d have to pay for more time to defend or something like that. Anyway i felt like phoning was a complete waste of time !

[Undercover-Elsa]

Hi Mooshy

Well done! Good luck with the exams..now you have some breathing space to concentrate

[mooshy]

Hi

Well got back from hol yesterday and nothing has arrived from anyone.

SAR not been acknowledged.

Nothing from Arrow who wanted more time to gather documents.

Had e mail from court basically saying i needed to pay to be granted an extension-i`ll copy and paste it...

 

Good morning,

Thank you for your email, the contents of which have been noted and the letter placed on file as requested. Any agreement you have made with the claimant is between yourselves - if you wish to make a formal application to extend the time to file your defence you may do so on the attached form N244 with a fee of £45.00. This would then be placed before the District Judge for consideration.

Regards,

So what should i do now ?

Wait until Arrow come up with docs or put in something which asks for claim to be thrown out ?

Any ideas welcome.

And thanksx

 

 

[mooshy]

Anyone x

[AndyOrch]

I understood you did have the claimants agreement and in writing.There is no charge for an extension providing its not longer than 28 days.

 

Regards

 

Andy

[caro]

Hi

Well got back from hol yesterday and nothing has arrived from anyone.

SAR not been acknowledged. When is the 40 days to comply up?

Nothing from Arrow who wanted more time to gather documents. Have you given them a deadline for this? If not I suggest you write to them again and give them 7 days.

Had e mail from court basically saying i needed to pay to be granted an extension-i`ll copy and paste it...

 

Good morning,

 

Thank you for your email, the contents of which have been noted and the letter placed on file as requested. Any agreement you have made with the claimant is between yourselves - if you wish to make a formal application to extend the time to file your defence you may do so on the attached form N244 with a fee of £45.00. This would then be placed before the District Judge for consideration.

 

Regards,

 

So what should i do now ?

Wait until Arrow come up with docs or put in something which asks for claim to be thrown out ?

Any ideas welcome.

And thanksx

 

 

 

As things stand when is your defence due?

[mooshy]

Hi Elsa and everyone,

I`m at a loss again now so thought i`d recap on here and ask you where i should go from here.

If you remember i am primarily aiming to avoid a CCj , either through mediation oOK so to summarise :

 

Debt just under £5000 is an HBOS Credit Card.

Account purchased by Arrow Global 2010

Date of last payment not known ????? Stat Barred

???? PPI / charges

 

Claim issued 6th June via Northhampton

POC: The claimants claim is for the sum of 4.536.42 being monies due from the defendant to the claimant under a regulated agreement between the defendant and HBOS.

(no. xxxxxxxxx) and assigned to the claimant on oct 8 2010, notice of which has been provided to the defendant.

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

And the claimant claims the sum of 4,536.42.

 

Acknowledgent and intention to defend all done online

CPR 31.14 and SAR (to Hbos )sent (6th July)

Extension verbally granted by sols until 20th July - now confirmed in writing.

 

Contacted the solicitors when 7 days post CPR was up and they apologised , said they had found my letter which had not be looked at and that they would not be pursuing the matter but handing it back i assume to Arrow.

I asked for him to confirm this in writing and received this >>>>>

 

Dear Madam,

Our client XXXXXX

Claim no. XXXXXX

Sum outstanding XXXXXXX

Account no XXXXXXX

We write in relation to the above matter and further to your recent letter.

The required information has been requested from our client and will be provided to you upon receipt by us.

No further action will be taken until we are able to respond to you.

 

18th July letter as follows .........

Dear Madam

 

Our client: Arrow Global Limited

Claim number: XXXXXXX

Sum outstanding: £4,536.42

Account number: XXXXXX

 

We write in relation to the above matter and further to your recent letter.

 

The required information has been requested from our client and will be provided to you upon receipt by us.

 

No further action will be taken until we are able to respond to you. We can confirm our file is on hold until 12 September 2011.

 

Yours faithfully

So my original defence was due in 20th July and that included a 14 day extension.

They have since confirmed that no action will be taken until after 12th sept while they gather the requested documents.

My SAR from Halifax never arrived.

i still have nothing and feel wide open to a CCj.

Was thinking about submitting an N244 now before the 12th Sep as per Elsa`s prev post ?

I dont want to risk a CCj.

Court have a copy of letter from solicitors requesting more time.

Any ideas ? x

[brokebutnotbeatn]

Well you certainly need to ring HBOS and ask what date the account was sold to whom and the outstanding balance but critically when the last payment was received against it (as you query whether SB or not)

[mooshy]

Its not SB i found a direct debit paymentb to them about 4 or 5 years ago.

[Undercover-Elsa]

Hmmm,

If 12th Sept is the cut off point for submitting your defence, then I think in all fairness you should have received something by now - either the requested docs or a further extension, as you should be allowed 14 days from receipt of docs to prepare your defence.

Andy's the expert here, see what he says, Mooshy, but I think you need to ring the sols again and ask when they intend to comply as you would now have less than 14 days to prepare a defence.

Alternatively, maybe they've had long enough and it's their own fault for starting this without the required docs and for not giving you enough time, so might be best to go straight for the N244.

Andy?

[AndyOrch]

I think I would be looking to wards entering a defence based purely on their antics thus far, well in advance of the 12th Sept.

Its obvious they are not going to disclose or discontinue. An application to strike out may be an option but its not a guarantee to dispense with this matter.

A defence detailing their behavior and your efforts so far to clarification.Request further disclosure or strike out within the defence.

 

Regards

 

Andy

[mooshy]

hi both,

well I rang the solicitors today and asked them why I still hadn't received the Requested documents. the lady said they hadn't received anything from the claimants yet. I explained that even if they receive them tomorrow they then have to get them to me and I now have no time AGAIN to prepa a defence as the extension runs out on 12th Sept . I really don't think I can manage going through all the extension and ringing the courts and letter to judge etc again. Not only am I working full time and more again this week but my poor Dad has had a heart attack and is hopefully going for a triple by pass in the next few days ! I KNOW I will not be able to do anything now before the 12th unless it's at this tiime of night .

Anyway, the lady said shed contact the claimants and get back to me but would prob ask me for another extension, this would effectively be the 3 rd .

 

Elsa have I got anything to lose by just filling out the NN24. I'm sure you've done me a sample one in an earlier post ?

 

SAr was ignored also btw !

X

[Undercover-Elsa]

Hi Mooshy,

I personally think they've had more than enough time. They shouldn't have issued the damn claim without these docs to hand.

I don't think you have anything to lose by putting in an N244 apart from the application fee...but Andy may know otherwise and is far more knowledgeable than I am so wait and see what he says.

 

I believe the alternative is to submit a holding defence and then ask for an order when the submit the Allocation Questionairre, as per this thread:

http://www.consumeractiongroup.co.uk/forum/showthread.php?131499

 

Sorry to hear about your Dad...you've got enough on your plate without all this.

 

Hugs,

Elsa x

PS I'm in the middle of house renovations at the moment so not able to spend much time on here, but I'll keep an eye on your thread.

[AndyOrch]

You have 3 options Mooshy, accept another extension or make application to comply or submit an holding defence.IMHO and considering the behavior of these Muppet's so far you would well be in your rights to make application to order disclosure or strike out. This pantomime as gone on far too long now.

 

Regards

 

Andy

[DonkeyB]

Personally, by now I’d be applying for a strike out. They’ve had more than enough time to substantiate their claim.

[mooshy]

Thanks all-so how do i apply for a strike out ?

i`ll be gone for a few hours but will come on later tonight .

can allocate some time and read up etc but would appreciate any pointers

And thank you .

[mooshy]

Hi

Anyone about today. I,ve some time today to do what ever i need to do next.

Ok i was going to put in an N244 but reading a previous post from Elsa i cant do this until after 12th Sep (tomorrow ).

The agreed deadline is up tomorrow so i am open entirely again to judgement.

They have totally messed me around.

I have absolutely nothing to defend with.

They have not returned calls or come up with the information i requested.

 

Can someone please tell me what i need to do to apply for the courts to throw this out ?

I can do this this afternoon but am getting confused.

I am happy to put in N244 today if it helps ?

I just dont want a judgement x

[Undercover-Elsa]

I should put it in today Mooshy if they still haven't got back to you.

[mooshy]

Ok . Spent too long reading other threads again.

I fill it in online and print it off i think or should i hand write it ?

 

Can i paste it on here pls before i print off ? x

[mooshy]

Grrrrrr-ok i cant fit all all i need into box 3 on n244 - any ideas x

[AndyOrch]

Type in Box 3 see attached and do a separate sheet?

[mooshy]

Thank you

[mooshy]

Hows this so far in box 10...........

 

On 6th July, following service of the Claim Form in this case, I wrote to the Claimant's Solicitors requesting inspection of documents mentioned in the Particulars of Claim pursuant to CPR 31.14.

I also wrote to the originators (Halifax) enclosing a Subject Access Request and included the ten pounds required fee.

An extension to 20th July for filing my defence was agreed and confirmed in writing.

A copy of this confirmation, marked "B" is attached.

On 14th July i contacted the claimants solicitors for verbal confirmation that the requested documents were going to be made available to me within the requested timescale . The solicitor informed me that he was sorry but they still had not received the requested documents from the originators and would be passing the case back to the originators.I asked for this in writing and received another letter which i have attached marked " C ", stating the required information had been requested from their client again and would be provided to myself uopn receipt by themselves. They also asked me for more time to do this and put the file on hold until 12th September (8 weeks ).

Please see continuation sheet marked " D "

documentation. I was told that once again the originator had failed to provide the requested information . I was told they would contact the originator and get back to me by the end of the day. I have heard nothing and the 8 weeks I agreed to allow the claimant more time to gather the information has now again expired. It appears they have issued the claim without being in possession of the documentation. They stated that they had referred back to their client on several occasions and the information would be provided when they received it, and that no further action would be taken until they are able to respond. The documents sought by my request are essential for the proper preparation of my defence and the determination of the claim and CPR 31.14 affords me a right to inspect those documents. I am concerned that the claimant`s continuous requests for extending the time frame, for now almost 3 months, puts me at risk of a default judgement without having the opportunity to defend myself.