Arrows/Blake claim form old HBOS Card 'debt'

[Andyorch]

The problem is here Sev if you had been on the ball it could have been struck out, you have had them nearly two weeks you knew the date of the unless order.

There was no other alternative but submit a defence in the circumstances you had 4 hours remaining.The Claimant would have had judgment by default.As I said we can pick and run with this when (if ) you receive a response and AQs are dispatched.

 

Andy

[sev67]

Ok thanks andy. Damn what an idiot I am.

So the lesson is keep asking the question when you are doing an N244 order as there are opportunities for strike out that are easily missed. Here's hoping I can rectify this as they clearly don't have the documents to back up this claim. I will be in touch when the AQ comes through which I guarantee will come. I hope I eat my words but I doubt it.

 

How long do they normally take?

[citizenB]

Ok thanks andy. Damn what an idiot I am.

So the lesson is keep asking the question when you are doing an N244 order as there are opportunities for strike out that are easily missed. Here's hoping I can rectify this as they clearly don't have the documents to back up this claim. I will be in touch when the AQ comes through which I guarantee will come. I hope I eat my words but I doubt it.

 

How long do they normally take?

 

As you have now submitted a defence albeit a temporary one.. the opposition will be advised and they have 28 days to decide if they want to proceed. In the event they do, NBCC will forward the paperwork to your local court who will then send out the AQ. In other words.. no one really knows how long this will take.. sorry.

 

Do please let us know as soon as you do receive the next lot of paperwork ..

[sev67]

ok completely noted and burnt in. thanks.

[Ford]

The problem is here Sev if you had been on the ball it could have been struck out, you have had them nearly two weeks you knew the date of the unless order.

There was no other alternative but submit a defence in the circumstances you had 4 hours remaining.The Claimant would have had judgment by default.As I said we can pick and run with this when (if ) you receive a response and AQs are dispatched.

 

Andy

 

so, as sev asked, is there now no poss chance of an application to strike re the order, despite the defence submission?

Edited October 28, 2011 by Ford

[Andyorch]

Yes Ford an application can be made with the AQ if necessary, with only 4 hours remaining I had no option but to advise Sev to submit anything just to stop the automated process.At this stage the Court are not aware that the Claimant didn't comply Sev has touched briefly within the defence.Directions could be used or application lets see what they return on their AQ.

 

Andy

[Ford]

cheers for that. so, what are your thoughts on it being 2 days (weekend) late on receipt. would that be enough?

[Andyorch]

cheers for that. so, what are your thoughts on it being 2 days (weekend) late on receipt. would that be enough?

 

Well thats the sticking point Ford, hence my reluctance to make further application.

 

Andy

[DonkeyB]

I would suggest you continue with further questions under CPR 18 to get a proper copy of the DN.

[sev67]

Ok DB I've read CPR18 and PD18 and note the following;

 

1. CPR18 is for clarity on any matter, or to request additional information. Therefore as per pt2537's sticky (CPR part 18 vs CPR 31.14 Confused? well read here) Part 18 is not for documents.

2. PD18 also instructs that requests must not be made by piecemeal.

 

1. Bearing these points in mind how will this get me a proper copy of the DN. My understanding is I can only ask specific questions such as; was a DN ever sent to the defendant, what date was it sent, what date was given to allow the defendant to comply..etc.

2. Will this prevent me from asking other questions in the future about the agreement or any other matter. Am I allowed to send further letters under cpr18 to request information? ..isn't this construed as piecemeal?

 

Regards.

[DonkeyB]

If they admit under CPR 18 there was a DN, you would then be entitled to demand a copy. Don't think that is piecemeal.

[sev67]

Ok makes sense. Should I simply ask;

 

1. Was a default notice issued to the defendant?

2. If so on what date?

3. And by which date was given to the defendant for them to comply with the default notice?

 

Is that enough or should I cover evey question like;

4. What was the name and address on the dn?

5. what was the account number on the dn?

6. the credit limit?

7. the outstanding balance? etc.

[Ford]

sev

there's no justifiable reason for them to black out the details of your dn! or is it someone elses dn? and they are using it as a 'template'? and will just 'fill in the blanks' later! so, go for the whole. anything you can think of. could also ask them for confirmation that that copy dn they sent is an exact copy of the dn they say that they sent to you. etc. see what they say. wait for 'second opinion(s)'.

Edited November 3, 2011 by Ford

[sev67]

Will wait for 2nd opinion then but not around now till after wkend. thanks.

[citizenB]

Ok makes sense. Should I simply ask;

 

1. Was a default notice issued to the defendant?

2. If so on what date?

3. And by which date was given to the defendant for them to comply with the default notice?

 

Is that enough or should I cover evey question like;

4. What was the name and address on the dn?

5. what was the account number on the dn?

6. the credit limit?

7. the outstanding balance? etc.

 

You need to know the following :

 

The date the DN was produced

The date the DN was posted

By what method - 1st or 2nd class Royal Mail or 1st or 2nd UK or TNT mailing

The remedy date in order to satisfy the breach

What was the sum claimed to be in arrears

What clause did they claim you had breached

And yes, what name and address did they send the DN to

[sev67]

part 18 sent.

[sev67]

Just received notice that their sols are no longer acting for them so they are now acting for themselves. Is this relevant to anything?

[DonkeyB]

Yes. Resend a bundle of your correspondence so far to Arrow and demand they deal with the part 18 request. The sols appear to have bottled it, but that does not invalidate your requests.

 

Part 18 requests require a response in seven days backed by a statement of truth. Your valid request still stands.

 

No response = apply for strikeout.

[sev67]

The part18 request was addressed to the claimant at their r/o address given on the claim form demanding a response within '14days' - I sent it recorded delivery. Everything else has also been sent recorded delivery addressed to the claimant at their r/o address on the claim form, including the cpr31.14, the s78, and the n244. In fact I haven't addressed anything at all to the sols.

Is that enough, or do you recommend I re-send copies of everything again in a 'bundle'? Anything missing?

[DonkeyB]

That’s good enough. Suggest you call to remind them of their obligations – record it if you can.

[sev67]

Ok heard nothing back. Sent part18 on 7 nov to claimant by recorded delivery. On 10 nov received letter saying sols had resigned and claimant now acting in house. Called same day to remind them of obligations, and also sent copy of part 18 request again by recorded.

 

So 14 days now up...whats next n244 for strike out?..can you point me in right direction again please.

[Andyorch]

I personally would go N244 to force the CPR 18, let the DJ issue the unless order.

 

Andy

[Ford]

sev

any progress on this?

[sev67]

Hi, ok there was confusion in getting correct fee paid for n244 order which seemed to take weeks (court returned form saying I paid wrong fee, sent new fee and then they sent refund of extra fee]. Correct fee was £45 as originally paid. Judge finally issued n244 dated 10th Jan saying; "The claimant shall within 7 days of service of this order comply with the Defendant's part 18 request for further information". And thats it!

 

Any idea where I am now?.....7 days finished on 17th Jan and I've fallen in to the same trap of letting this slip so need a kick. I took andyorchs advice to let the judge determine an "unless order" but clearly decided not to. Do I have to do a new n244 form then now to go for strikeout?..how come the judge left it open ended? any examples I can follow, how much it is (shall I ring court)? (get brain into gear...get brain into gear)...

 

Oh yes, I haven't heard from the claimant at all. Absolutely nothing.

[Andyorch]

Hi Sev

 

Well if they have failed to comply with the DJs order to answer your CPR 18 request then its Strike Out N244. Pursuant to CPR 3.5

 

Regards

Andy