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

[mooshy]

I just dont want a CCJ - what can i do now pls someone ?

Submit a defence anyway ?

[AndyOrch]

TRy this Mooshy, it did the trick for Morrisdog http://www.consumeractiongroup.co.uk/forum/showthread.php?309473-Advice-needed-on-court-summons-***Discontinued****

 

Regards

 

Andy

[mooshy]

Thanks Andy-i`ve read that and they had already agreed to an extension-i have until 20th July- they agreed to an extra 14 days.

 

i`m really worried about time now

[AndyOrch]

What you worried about?

[mooshy]

If i dont submit a defence before 20th July i`ll get judgement by default ???

I need to do something ....

[trying to save]

I also need to submit my defence by 20 jul 2011 and the sols have received my CPR 31.14 sent on the 15/06/2011 by special delivery an extension was agreed till the 20/07 and i have received nothing off them at all.

 

TTS

[Undercover-Elsa]

Hi Mooshy,

Just catching up. I don't think they're trying to trick you. It's good that they can't comply with the CPR request!!!

If you don't get that letter today, and if you don't have access to a fax machine, sign up for a fax to email service such as efax (they do a 30 day free trial). Once you have a fax number, ring their sols again, tell them the letter has not arrived and as time is short could they please fax a copy to you. You could ask at the same time for them to clarify whether they are issuing a notice of discontinuance. Give them until 5pm Monday to confirm their intentions in writing.

 

If, by 5pm Monday they have not done so, then I think you should apply to the court for a strike out and/or unless order.

See what Andy has to say.

I personally doubt you will need to submit a defence, you have them by the short and curlies as they've no documentation, without which they can't proceed. Now you just need to get the court to order them to comply and strike out the claim if they don't either come up with the docs or confirm discontinuance. Simples!

 

Elsa x

PS Sounds like they've bought the debt on a collect or return basis, if they're sending it back? Probably paid about £40 for it. If that.

[AndyOrch]

Strange that they have found the documents and yet they say this will do nothing or even hand it back, why not disclose the documents? ((because they cant provide them))

 

Andy

[mooshy]

Thanks Both.

Andy when i said documents i meant the CPR request which they at first said that hadnt received.

 

Letter arrived this morning as follows...

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.

 

So do i call them again today and ask for a letter of discontinuation ?

 

I acknowledged the claim on line - how would i then proceed with asking for a strike out / fill out a defence or let the court know i cant proceed without the requested documents ?

 

Thank you so so much for your advice btw. x

[AndyOrch]

Thanks Both.

Andy when i said documents i meant the CPR request which they at first said that hadnt received. Ahh with you

 

Letter arrived this morning as follows...

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.

 

So do i call them again today and ask for a letter of discontinuation ? If it is a genuine reason they may not wish to discontinue,obviously that is what you as a defendant would like but in this scenario they should either disclose or pull out.When they state they will take no further action this in reality means should you have to submit an holding defence or not submit anything they wont request judgment.That to you is not secure enough as a defendant and would therefore have to submit a defence to secure the next stage of proceedings.Once a defence is submitted they have 3 options respond. not respond matter is stayed or request Summary judgment.This is further work and expense for them and so up to submitting a defence is rather like cat and mouse.

 

I acknowledged the claim on line - how would i then proceed with asking for a strike out / fill out a defence or let the court know i cant proceed without the requested documents ? You make application by way of the N244 but it costs you £40 and can be a gamble as they can set a side your application

 

Thank you so so much for your advice btw. x

 

Regards

 

Andy

Edited July 15, 2011 by Andyorch

[mooshy]

Thanks Andy,

So if i go ahead and fill out a defence - using ???? as my defence - i will then receive AQ and can tick yes to mediation-which what i want so that i can avoid having a CCJ .

Unless of course they drop it.

Can you point me in the direction of a defence- i dont want to copy and paste something off here out of desperation but i feel i want to defend because i `m wide open otherwise.

Havent heard from halifax either re SAR.

[AndyOrch]

Thats if you do submit a defence if you submit an application that in effect stops the process whilst the DJ considers further Directions.

In effect stops the clock.

 

 

Andy

[mooshy]

So if i make an N244 application worse case the DJ can set aside my application - would i then get a CCJ or would i then be able to continue and file defence and receive AQ and subsequently tick the mediation box ?

[mooshy]

Now you just need to get the court to order them to comply and strike out the claim if they don't either come up with the docs or confirm discontinuance. Simples - Elsa do you mean an N244 also ?

[AndyOrch]

So if i make an N244 application worse case the DJ can set aside my application No the Claimant could set a side or not respond and the DJ states Disclose by xx or I strike your claim out would i then get a CCJ The process continues or would i then be able to continue and file defence and receive AQ and subsequently tick the mediation box ?

Correct

Yes thats what Elsa is also referring to N244.

Andy

 

[Undercover-Elsa]

Yep

 

I've been in the process of compiling the main posts by pt2537 and surfaceagentx20 into a timelined explanation of the process of dealing with a claim. It's not completed yet, but I've enclosed some of the relevant stuff for where you are now, Mooshy, into a pdf which you should find useful. I know I do, LOL.

 

Have a good read, it should help you understand how it works.

 

Andy, is it just me, but are they out of order just giving a vague timeframe when "they won't take any action". Surely they should have proposed a specific further extension, eg 28 days?

 

Elsa

CPR advice compilation - Undercover-Elsa.pdf

[AndyOrch]

Yep

 

Andy, is it just me, but are they out of order just giving a vague timeframe when "they won't take any action". Surely they should have proposed a specific further extension, eg 28 days?

 

Elsa

 

In essence yes Elsa but its the Defendants duty not only to inform but to seek conformation as per the CPR 15.5.As I have stated above the Claimant would simply not seek judgment irrespective if a defence had or not been submitted.This is a dangerous tactic though because claims issued vis a vis CCBC can generate an auto

Judgment unlike claims issued from a local CC which require the Claimant to request Judgment N225.Any claim where the Claimant does not request judgment within 6 months will automatically be stayed.

 

Hope that assists

 

Andy

[mooshy]

thanks Elsa.I,ve read all that in the PDF and it's very helpful.

I'm working a long day tomorrow and on a study day tues so I,m worried about time again as staying for a major exam next week also ! Eeeek.

 

you know my aim is to mediate even if they can't ever come up with the CPR request. I just don't want to risk a CCJ by default or whatever.

I need to decide whether to submit an embarrassed defence or fill out an N244.

If I go down the N244 route it's going to risk CCj by default as I,ve not defended.

if I defend and put in an embarrassed defence I risk ???? Will this mean I can tick the mediation box because that is what I want ? I m not all out for a strike out if it's going to risk me getting a judgement anyway. I just want the option of mediation so that I can pay up and not have a CCJ.

I,ll fill in the N244 if you think I should because I trust your judgement Elsa and Andy you are far more knowledgeable than me but can you tell me what YOU would do because even tho I know I must decide myself and be prepared for the consequences I need to do this today at some point and would appreciate knowing what you might do .

am just really panicking about time sorry x

[caro]

Can you just briefly post a summary of the situation so far or point me to a recent post that does this.

 

I would be dubious about submitting an embarassed defence.

[mooshy]

Hi

OK 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 this week when 7 days post CPR was up and they apologised , said teyd 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 >>>>>

 

Letter arrived this morning as follows...

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.

 

If i dont defend by 20th or do something i think i risk receiving a CCJ by default which is the last thing i want.

I just want the option to mediate/ not get a CCJ.

I dont have much time and i`m sure you`ve heard it all before but i have serious committments at the mo which i wish i didnt but i literally only get the odd half hour free ( work study 4 kids and terminally ill BF ) so i appreciate tenfold all the help i am and have received on here please believe that x

[caro]

Send a copy of the letter you've just had to the court saying that they will take no further action until they can respond. Contact the court on Monday by phone and ask them if this is sufficient to allow an extentsion until they comply with the request before you defend, or if you need to send in an application to have the case stayed.

 

Alternatively (see what others think) an application to have the case struck out for failure to comply with your CPR request. You cannot defend anything without the full info so don't even try to.

[mooshy]

Even tho they have already agreed to an extension of 14 days ?

By an application to have the case stayed do you mean this N244 ?

it's going to be almost impossible to call the court Monday because I'm working all day ( am a midwife so not usually able to pop out for twenty mins in private ) and as helpful as they were last time i called them it takes about twenty minutes to get through .

maybe I could ask my husband if I pass all the info onto him and he could call and ask them but not sure if they will talk to him re confidentiality etc.

if I don't defend I,m open to judgement by default ?

[Undercover-Elsa]

Just working on this Mooshy..bear with me..brb xx

[mooshy]

x:-D

[Undercover-Elsa]

Hi Mooshy,

Just been pondering on this. Very difficult if you can't ring the court. I wonder if it would be OK for you to fax the court today with written, signed authorisation for your husband to deal with it on the phone on your behalf?

 

I'm thinking an N244 is the way to go, as Andy says, their statement is too vague and open ended, and is unfair to you possibly putting you at risk of a default judgement. Fact is, they should not have started proceedings without being in possession of the documentation. Clearly they were hoping that you would simply roll over and admit the claim.

 

Should you go this route, you need to amend the application in red by SurfaceagentX20 to suit your own circumstances. Thus it would be more like:

In box [3] of the N244 write:

'An order that unless within 14 days of the making of an order upon this

application the Claimant complies with a request made by the Defendant on

(date) pursuant to CPR 31.14 by the provision to the Defendant of documents

mentioned in the Particulars of Claim, namely [1] the agreement [2] the

default notice and [3] the assignment, the claim shall stand struck out and the

Defendant shall be at liberty to enter judgment against the Claimant without

further order of the court with the costs of this case to be paid by the Claimant

to the Defendant, to be assessed on the standard basis and pursuant to the

provisions of The Litigants in Person (Costs and Expenses) Act 1975.

The application is made because of the Claimant's inability to comply with the

Defendant's CPR 31.14 request, having not ensured that he had the documents in his possession when issuing the claim. The documents are required owing to enable the

proper preparation of a Defence.'

In Box 4 write: 'Yes'

In Box 5 write: 'Without a hearing'

Ignore Box 6

In Box 7 write: 'None'

In Box 8 write: 'District Judge'

In Box 9 write: 'Claimant'

In Box 10 tick the box marked 'the evidence set out in the box below' and

beneath it write:

'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. A copy of my letter of request, marked "A" is attached to

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

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

Not having received the documentation within the required timescale, I contacted the Claimant's solicitors. It appears they have issued the claim without being in possession of the documentation. They stated that they had referred back to their client and the information would be provided when they received it, and that no further action would be taken until they are able to respond.

A copy of this letter, marked "C" is attached.

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 unspecified time frame puts me at risk of a default judgement without having the opportunity to defend myself.

Sign the statement, attach the copies and complete the remainder of the

N244 in the usual way applicable to your case.

On a separate piece of paper to be attached to your application notice, write

this:

Claim No:

Draft Order

1. Unless by 4:00pm on (?14 days from date of application) the Claimant complies with a request made by the Defendant on (date) pursuant to CPR 31.14 by the provision to the

Defendant of documents mentioned in the Particulars of Claim, namely

[1] the agreement

[2] the default notice and

[3] the assignment

the claim shall stand struck out and

the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court, and

[ii] the Claimant shall pay the Defendant her costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

2. In the event that the Claimant shall comply with this order,

the Defendant shall file and serve a Defence by 4:00pm on (28 days from date of application) and

[ii] the Claimant shall pay the Defendant his/her costs of this application.

 

See what Andy, Caro et al think though... xxx