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


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Andy i just spoke to solicitor again and they assurred me that i would not get judgement by default unless they ask for it in next 6 weeks-said they wont as have put a noet on computer. She said they`ll do nothing until receive my defence within next 14 days. ?? Just trying to get thro to court now to check with them ?

 

Trouble with that Mooshy you are relying on them to keep their word and not request judgment as DB states.Ring them back and state that the court as requested conformation to be issued to you to validate the extension.Just ask her to fax or email a short note complying with the Courts request.All bases covered then.

 

Andy

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Ok i need to fill out my defence but have no defence.

I have til 4pm Monday if i dont risk them putting a judgement in while i`m not looking.

If i trust them i could get a ccj

I`ll fill out my defence which will be exremely weak and hopefully be i will be able to tick the mediation box-or will the judge look at it see it as admission and just file me a ccj anyway ???

 

i have to go collect children at half 2 and that be tied up again until tomorrow-i need longer days !

I have a huge exam i`m not studying for too=feel like letting the whole thing go now tbh cos its so horrible.

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

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Solicitors say on hold until 20th July and sending out letter first class today . Fingers crossed again.

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

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Share on other sites

Ok i need to fill out my defence but have no defence.

I have til 4pm Monday if i dont risk them putting a judgement in while i`m not looking.

If i trust them i could get a ccj

I`ll fill out my defence which will be exremely weak and hopefully be i will be able to tick the mediation box-or will the judge look at it see it as admission and just file me a ccj anyway ???

 

i have to go collect children at half 2 and that be tied up again until tomorrow-i need longer days !

I have a huge exam i`m not studying for too=feel like letting the whole thing go now tbh cos its so horrible.

 

Your choice Mooshy but in all honesty this it what happens when you let things slip and dont keep on top of matters (particularly litigation).

Just have to trust them and hope they dont request judgment.

 

Wish you well with whatever the outcome.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Thanks Andy.

If i receive letter from them as promised before sat i should be covered and i`ll send a copy to court .

If i receive letter before Sat i`ll also follow plan to collect all defense and if dont have a good defence after 31.14 etc at least i`ve tried.

 

If no letter arrives i`ll fill out weak defense Sunday online so at least i can hope to get option of mediation.???

 

can anyone give me a link to what a defense statement looks like > A basic one such as mine ??

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

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Share on other sites

Hi mooshy i am in the situation as you and was given all the banter about notes on the computer and sending a letter out in the post etc but thanks to the good advice on here i gave them no choice but to fax me the extension letter which must also have a date on it not just saying for 14 days as the helpful lady at the courts advised me.

 

i then kept the hard copy that came in the post for my own records if these people think they can pull a fast one they will in my experience, trying to fax anything through to Northampton is a nightmare so i emailed it in the end and also phoned to court aswell so that a note could be put on my account as there usually a few days backlog before corressponcence is updated onto your file.

 

This is the first time that i have replied to anyone elses thread hope it helps and i am slowly learning a lot from everyone who has helped me on here

 

Take care TTS :-)

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thanks TTS. hard copy actually arrived this morning so I'll see if my husband can scan it and e mail it to the court today. I'll also send a photocopy.

?

Elsa you still about ?

have sent CPR 31.14 and SAR to the Halifax with ten pounds postal order.

Where a bouts can I see example defence statements because when I come to write it online with or without requested documents I wouldnt know where to start and being so hugely tight on time I want to be ready .

Thanks x

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

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Share on other sites

OK just had a refresher, so to summarise for the benefit of anyone else reading:

 

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 HBOSlink3.gif.

(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 yesterday (6th July)

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

 

 

That sound about right Mooshy?

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Age of the original agreement ?

We could do with some help from you.

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I think the initial agreement was about 7 + years ago.

 

Of note i remember contacting them via phone and in writing saying that was anticipating a finacial downfall and would they hold interest and allow reduced payments for a period.

They declined and said they could only do this if the account was in arrears ! As it wasnt in arrears they wouldnt agree hence i initially let the account go into arrears entirely so that i could reduce interest and subsequently be allowed to embark on an afforfdable payment plan.

I remember them acyually telling me it had to be in arrears at least 3 months i think-by which time i was in a right mess.

 

I`ve scanned and e mailed with attached note letter from solicitors agreeing to extension ( to Northam. ccbc)

I`ve also sent a hard copy first class recorded.

x and thank you

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

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Share on other sites

How long ago was the discussion with them mooshy?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Years agp caro.prob about 5 .caro.

I,ve spent hours overnight reading various threads on here trying to learn how to write a defence if they provide or don't provide rx. Documents.

I,m still at a loss.

If they come up with everything can I still avoid getting a ccj by mediation on aq.

could my defence if weak be thrown out so I don't get the option of mediation ?

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

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Share on other sites

Morning Mooshy,

Your defence will depend entirely on what (if anything!) they come up with in response to your CPR request. Try and relax and take it one step at a time.

Best case scenario is that they can't come up with the docs and discontinue. Or they can't come up with them and you get to apply for a strike out.

Many things can swing the case either way, before it reaches the court stage. If it's even a little in your favour then your bargaining power increases..

Regardless of defence you can still apply for mediation at AQ stage. I haven't pasted a sample defence up here to avoid confusion, as it will all depend on your CPR results...

 

Elsa x

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Hi

well its a week today since i sent the requests ( CPR 31.14 and SARlink3.gif (to Hbos ) ), and have heard nothing back.

Sent first class recorded with guarantee nevt day del (thu ). So today or tomorrow the 7 days are up and nothing received my end.

 

I had an e mail from the court today confirming that its been noted that i have an extension.

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

Link to post
Share on other sites

Hi

well its a week today since i sent the requests ( CPR 31.14 and SARlink3.gif (to Hbos ) ), and have heard nothing back.

Sent first class recorded with guarantee nevt day del (thu ). So today or tomorrow the 7 days are up and nothing received my end.

 

I had an e mail from the court today confirming that its been noted that i have an extension.

 

You sent the cpr letter to the opposing solicitor didn't you? Chase them up about no response.

 

S.

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Thanks Shadow.

Should i call them ?

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

Link to post
Share on other sites

Oh no - i`ve called and they are saying they havent received CPR request !

They asked if i could send another one and replied that i couldnt as already have an extension and there wont be time.

I told her they must have received it because i sent it recorded and someone in the building signed for it ! ( massive tongue in cheek moment as didnt know if it had actually arrived or not at that point ). Anyway the lady said she would go and have another look, but that any documents arriving in building are usually scanned onto the computer and mine isnt there. Someone is going to call me back apparently.

Anyway i`ve found the receipt and tracked it on line and it definatley arrived at the building on 7th July and was signed for - now what ?? xxx

From what i`ve read i have to put in a defence ? embarrassed or apply for a strike out ?

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

Link to post
Share on other sites

Of course they haven't received it Mooshy:lol:

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Ok they just called me.

David called from Solicitors = big apology and said documents have been found and that no further action will be taken.

Asked him to explain this and said that he will be passing it back to the originator ( halifax ) and asking what they want to do next .

I said but what aboiut my defence i`ll get a CCJ by default if i do nothing.

He assured me that i wont because they are taking no further action.

After much pestering from me he has agreed to send a letter to me confirming this .

Is this a usual tactic or are they being honest and really dropping the case.

If i do nothing now surely i risk having judgement entered against me as time is up soooon .

 

Am lost now.

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

Link to post
Share on other sites

Then they acting for Arrow should issue a Notice of Discontinuence, so not sure what they mean by " passing it back to the Originator (Haliprats) as this not been assigned?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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You said in the POC, that this was assigned to them

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?310373-I-think-i-just-got-issued-a-CCJ-i-could-really-use-advice-as-this-will-have-a-huge-impact.&p=3443086&viewfull=1#post3443086

 

I'd be asking how they can return it to the OC, when they own it:???:

 

In fact, I'd be making this very very hard work for them to pull out of this action.

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