Arrow / FV-1 inc / Court Claim *Case Discontinued**

[AndyOrch]

It says furnished by 30th June above did you alter that?

[MorrisDog]

That is the correct date I think? I sent the part 18 on the 18th of June to arrow and am I right in giving them 7 days plus a bit for delivery ect? Making it the 30th of June?

[AndyOrch]

Hi Andy,

 

I sent the part 18 on the 05th July by recorded delivery to arrow.

 

Using the template from the templates section, I could post a copy up when I get home though? They didn't send an aknowledgment letter. Should I have also copied to sols?

 

Many Thanks,

 

Morris

 

Sorry Andy forgot to say I sent the request on the 18/06 and gave them 7 days + 2

 

Hope this helps,

 

Morris

 

That is the correct date I think? I sent the part 18 on the 18th of June to arrow and am I right in giving them 7 days plus a bit for delivery ect? Making it the 30th of June?

 

 

Now I am really confused Morris:???:

 

Andy

[MorrisDog]

Doh, Apologies it was the CCA request I sent on the 05th.. My brain is getting confused sorry Andy! The Part 18 was sent on the 18th of June and the CCA on the 05th July

 

Regards,

 

Morris

[AndyOrch]

Ok Morris

 

I assume there is an extension already in place on the claim.Look at the first paragraph of my CPR 18 request the last line.

You must now see through this threat and make application, I know you have done this before but this time the wording will be slightly different

IE non response to your CPR 18 request/CCA request.Same order though disclose and an unless, strike out request.

 

Regards

 

Andy

 

PS Without Hearing

[AndyOrch]

Further to your PM

 

 

Pursuant to CPR 18.1 (1) ............(as you have wrote) I respectively request the Court to make this order

and request the Claimants compliance to clarify any matter which is in dispute in the proceedings, give additional information in relation to any such matter,whether or not the matter is contained or referred to in a statement of case.

 

Regards

 

Andy

[MorrisDog]

Hi Andy,

 

Thank you for the information, does this look ok?

 

Pursuant to CPR 18.1 (1) having requested information via CPR 18 on the 18/06/2001 received by the Claimant on the 19/06/2001 with no response.

And also having requested information via section 77/78 of the Consumer Credit Act on the 05/07/2011 recieved by the Claimant on the 06/07/2011 with no response.

I respectively request the Court to make this order and request the Claimants compliance to clarify any matter which is in dispute in the proceedings, give additional information in relation to any such matter,whether or not the matter is contained or referred to in a statement of case.

 

Also will I need to add the part about strike out ect after the last paragraph?

 

Morris

[AndyOrch]

No once the order is given the DJ will add that anyway as a failure to comply.

 

Andy

[MorrisDog]

Ok Andy, I will get this filled in and posted tomorrow Thanks again for your help and patience.

 

Morris

[AndyOrch]

No problem hope it does the trick.

[MorrisDog]

I posted my N244 application but just wondered where I stand with the current date of defence filing being 05 Aug?

 

Will I still have to file my defence or wait for the application to be served?

 

Many Thanks,

 

Morris

[AndyOrch]

Check with Northampton its been received and that they have barred/ updated your defence date.

 

 

Andy

[MorrisDog]

I have received the form back today with a letter saying the fee has changed from 40 ro 45! So I've got to include a new cheque and post first class recorded for tomorrow..

 

Will I be too late now? Should I get a defence together anyway just incase? I'm so confused.

 

Regards,

Morris

[AndyOrch]

They should still receive it back in time (forgot the prices had gone up again!!!!!)

Keep me updated Morris we can enter a defence if needs be (check with them again on the 5th)

 

Andy

[MorrisDog]

Thank you Andy.

 

I have just posted the form back off with updated fee!

 

But was thinking should I have re printed with new date or just done as I have and included revised fee?

 

I might phone the court just to make sure its all ok.

 

Regards,

Morris

[AndyOrch]

No, glad you didn't alter the date.The application will be in their system on the date received in your case files.

Just do as I said, ring on the day of your defence and check its been barred.

 

Andy

[MorrisDog]

Ok Andy, Thankyou. I'll give the court a call tomorrow afternoon or friday morning to see if they have recieved my payment.

 

Just a little thought, Should the sols have returned my £1 postal order if they have not supplied documents?

 

Morris

[AndyOrch]

legally yes in reality no, probably credited to the account to stop it going Statued Barred:!:

[MorrisDog]

I see, even if stated that it is not to be used for any other purpose than for CCA would they be able to credit the account with it? Was thinking of giving them a call to ask for it back but maybe this would stir things and better left unsaid! Even if they have used it towards the account I'm almost certain it is statued beforehand anyway.

[AndyOrch]

They have and do look around the forums on posts where the statements have shown a payment of £1.00.Obviously you would argue this as you had proof of your request and payment.

[MorrisDog]

Hi Andy,

 

I have today recieved a letter from arrow global with the returned postal order (guessing sols passed it onto them?)

 

Saying: We are unable to obtain a copy of your credit agreement at this time and.. We confirm this account will not be subject of collection activity until such time as the document becomes available and we provide you with a copy of the same.

 

I have just phoned the court who say they havnt recieved the updated payment yet for n244 but not all of the post has been opened yet.

 

Do I need to get onto claimants sols and let them know they have discontinued claim?

 

Many Thnaks,

 

Morris

 

[AndyOrch]

Too small to decipher that Morrris but I get the gist. That is a complete defence and the claim should be discontinued.

Speak to their sols and request same and for them to notify the Court and copy you.

 

 

Looks like thats 2 drinks you owe me now:-D

 

Andy

[MorrisDog]

Hi Andy,

 

I have sent the claimants sols this email:

 

Dear Madam

 

I write further to a letter received today from the Claimant (ARROW GLOBAL LIMITED) a copy of which is attached.

 

The Claimant has stated this account will not be subject of collection activity until such time the requested documents become available and that I am provided with

a copy of the same.

 

Therefore I would respectively request a Notice Of Discontinuance be served to the court today by yourselves and a copy of which emailed to me without delay.

 

Yours Faithfully

 

I hope this is ok? Should I give them a call as well?

 

Also should I give the court a call to cancel the application before they process and cash my cheque?

 

I do owe you in a big way for all the help you've given me!

 

Regards,

 

Morris

[AndyOrch]

A phone call wouldn't go a miss either crank up the pressure.

[MorrisDog]

Andy,

 

I have been in contact twice today over the phone to sols. The first the lady dealing with case was'nt available and the second time I spoke to a gentlman who said she was still not at her desk, and went to talk to her. She told him to tell me that she would need to contact arrow global and then get back to me. I advised that my defence needs to be in by 4pm today and that it would be tailored to there decision on discontinuance. He said she would call me back in an hour and I gave them my mobile number. So just waiting for a call back now, is there anything I shouldnt be talking to them about? I'm guessing they will try and give me a pressure tactic talk of some kind..

 

Many Thanks,

 

Morris

 

p.s. If they will not discontinue will we still be able to put a defence in before 4pm today?