old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform***Claim Discontinued***

[LordSuggs]

Cheers Andy - just a quick point on the last sentence - the Judge confirmed the need for the Notice of Arrears and said she was concerned by the lack of paperwork - the Claimant's rep ummed and ahhed a bit but I don't recall them making any firm statement that they didn't have them.

[AndyOrch]

Amend accordingly

[LordSuggs]

Done. Going to post to both the Court and Shoosmiths in the morning. Thanks so much for your help.

[LordSuggs]

Trial date set for 15th July. Claimant must file the application by 17th June. I'll update when I hear back.

[AndyOrch]

Application ?

[LordSuggs]

Sorry - should have posted the whole sentence. Scan attached.

[LordSuggs]

I've received 3 communications from Arrow over the last few days. Scan is attached of the new documents. Notably:

 

1.  They've sent me a 'Part 36 Offer' to settle with "80% of the account balance"

2.  Change of solicitors - they've assigned one of their 'specialist in-house litigators'

3.  They have filed a new Witness Statement which once again claims there was no requirement to serve a default notice. It also addresses the Statute barred issue, stating that as legal proceedings started in Dec 2014  it is "within the relevant limitation period". They have however not addressed at all (as far as I can see) the section 86d requirement for Notice of Sums in Arrears which the Judge brought up last time

 

Arrow Docs_compressed.pdf

[dx100uk]

sounds like they are begging for you to give them something before they have to discontinue the claim to me...

[AndyOrch]

Seriously.....they are not going to discontinue a claim for  £20,115.04

[renegadeimp]

Theyre not going to DC it, but theyre trying to push you into paying something before the hearing, as they know you could defend properly and theyd be stuffed.   Thats evident by their new communications with you.

[LordSuggs]

I half hoped they wouldn't turn up last time and it was disconcerting when they did and were more prepared than the first date - including raising the case that they hadn't mentioned in any WS. So I'm fully expecting the same this time and am preparing accordingly. 

[renegadeimp]

Theyre prepared, but in a way to bluff you.  They know that 99% of people that come dont know what to do and give a terrible defence. Each and every time an informed defense has been made,  they lose.

[LordSuggs]

I've just received a Notice of Discontinuance from Arrow

 

Wow

[dx100uk]

You won

but ring the court and check

[LordSuggs]

Thanks Dx - will do.

Is that actually it, or do you think they likely will try again at some point? 

 

OK just checked with the Court. There's nothing filed as yet, but they said they are hugely behind! I'll call again end of the week to check

[dx100uk]

not using the  same poc no.

 

when was the last payment?

[LordSuggs]

November 2011 was the last payment

[dx100uk]

now statute barred then cant do anything more

[LordSuggs]

Thanks DX. 

I'll update again when I hear confirmation from the Court. 

[dx100uk]

you wont hear from the court AFAIK. you to ask

[LordSuggs]

Ok thanks - will keep checking every week and let you know if there's news. 

[AndyOrch]

Excellent ...thread title updated.

 

Regards

 

Andy

[LordSuggs]

Spoken to the Court again this morning. The Notice of Discontinuance has been received but due to the backlog the court date has not yet been vacated. They said to check again in a few weeks.

 

Nevertheless, at this stage I would like to express my sincere gratitude to Andy, DX and the whole CAG community who kept me sane through a very wobbly period of my life right up to feeling fully prepared for and even confident about the upcoming court date. You guys are incredible. I've donated several times over the years, but there will be another one on its way soon. 

 

I'd left the PPI issue until this was resolved, so now to turn my attention there! 

[barafear799]

Congratulations.

Unfortunately, I didn't get the right judge in a very similar case against Arrow/Egg/Shoosmiths. Boohoo.

It's all down to the luck of the draw in terms of which judge you get. 

You seemed to have got a couple of decent ones - but obviously, along with the help on here, you put together a good defence.

 

[LordSuggs]

Thanks @barafear799 You're right I was lucky in terms of the judges - the second one in particular made it very clear that she was aware that the huge hole in their case was the lack of paperwork. Sorry to hear you didn't get a similarly good outcome :(