Bryan Carter/ Arrow Global Ltd court papers - 1996 TSB loan - **DISCONTINUED **

[citizenB]

Andy does the date mean posted by 23rd or delivered to court by ?

 

It would mean to be delivered to the court by the date advised.

[Tecnobaz]

Ok so need to send off Friday by Royal Mail SD at the latest, just had reply from court saying theres no request from the Claimant for extension and advise me to submit a defence with the details I have to date.

[MrHat]

or you could speak to them and demand a response to an e-mail like this one (edit to suit). Depends on whether you are happy to defend based on what info you have. Take notice of what Andy & CB say. I am merely sharing with you what I did in similar circumstances

 

......CPR 15.5 Request..............

 

On DATE I received the Claim Form in this case issued by you out of the Northampton County Court (CCBC).................

 

On DATE I sent a CPR 31.14 request by first class recorded delivery to you. I am still awaiting a response to this request which was due to be received by me on or before DATE....................

 

I note from our telephone conversations today that you require more time to supply documents listed in my CPR 31.14 request.I calculate that my time for filing a defence expires on DATE and I am writing to request that you agree that this time be extended by 28 days to DATE which is the maximum the court will allow..................

 

Please respond to this e-mail agreeing specifically to this extension request so that I can notify the court before 4pm tomorrow (DATE).................

 

Please note that if you should fail to comply with the CPR 31.14 request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order..................

 

I do hope this will not be necessary and look forward to hearing from you............

 

Yours faithfully,

Edited January 18, 2012 by citizenB
Spacing for easier reading

[MrHat]

sorry for lack of paras. My browser at work will not allow me to post properly on here. Talking of which....back to work.

[Tecnobaz]

Bryan carter does not accept email or fax, thats why I wrote cpr 15.5 and posted with next day service.

[citizenB]

sorry for lack of paras. My browser at work will not allow me to post properly on here. Talking of which....back to work.

 

Spacing popped in for you

[Tecnobaz]

First draft of defence,

 

I do not acknowledge any debt owed to the Claimant “Arrow Global Limited”. In the particulars of claim sent to me through the court, the Claimant claims that “the defendant agreed to pay monthly instalments”. I categorically refute the claims that there was ever an agreement in place between myself and the claimant. The Claimant has not provided any documentation.

 

Since being issued with the claim on xxxxx, I have been working relentlessly to obtain any kind of relevant information from the Claimant and their solicitors. I sent a CPR 31.14 request on the xxxxx which was requesting a copy of an agreement that was mentioned in the particulars of claim.

 

Along with the CPR 31.14 request, I also sent a CPR Part 18 request for further information to be returned to me within 7 working days. I sent both requests via next day delivery and I have included both requests and confirmed delivery for your consideration. (Doc 1a, 1b, 1c, 1d)

 

I did not receive any information back, only letters from the Claimants solicitors dated xxxxx saying that they have “referred the matter to our client and will revert to you as soon as we are in receipt of instructions” and that they “request an eight week extension”. (letters attached Doc 2a, 2b)

 

On the xxxxxx, I wrote back to the Claimants solicitors asking for them to answer my Part 18 request as these questions should not need to be referred back to the original creditor, and I also wrote to the court asking whether an application had been made by the Claimant for the 8 week extension that they were requesting. (letters attached Doc 3a, 3b, 3c)

 

After taking further advice rather than waiting I sent the Claimants solicitor a CPR 15.5 request, asking for the defence date to be extended from the xxxxxx to the xxxxxxxx. I wrote that I would undertake to notify the court. This letter was dated the xxxxxx, a copy and proof of delivery has been submitted. (Doc 4a, 4b)

 

I have no reply to any of these letters sent since the xxxxx from the Claimant or their solicitors. This has left me without the information needed to file a full and complete defence at this time.

 

It is therefore respectfully requested that due to the non-compliance of the CPR 31.14 and the Part 18 requests for further information, that the case is dismissed or stayed until the Claimant provides the relevant documentation on which their claim relies.

[citizenB]

Ok, I have tidied it up a bit for you.. you will need to enter dates where necessary. You will also need to pop in the document references again..

 

HTH

 

 

 

 

 

I, Tecnobaz of the Consumer Action Group am the Defendant in this action and make the following statement as my Defence to the Claim made by Arrow Global Limited. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

2. The Claimant’s Particulars of Claim disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to; the method the Claimant calculated any outstanding sums due, or any other matters necessary to substantiate the Claimant's claim.

 

b) A copy of the purported written agreement that the Claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the Claim Form.

3. It is denied that any debt is owed to the Claimant “Arrow Global Limited”. In their particulars of claim, the Claimant claims that “the defendant agreed to pay monthly installments”. It is denied that any agreement was ever in place between the claimant and myself. The Claimant has failed to provide any evidence of their claim by way of documentation.

 

4. On receipt of the Claim Form the Defendant sent a CPR 31.14 request for a copy of the agreement and supporting documents which forms the basis of this claim. No response has been received. - See attached

 

5. On DATE a further request for information was made via CPR part 18. No response has been received. - See attached.

6. It has been confirmed via the Royal Mail Website that all the above letters were received and signed for. Proof of delivery and signature has been downloaded from the Website. See attached.

 

7. On DATE a letter received from the Claimant's solicitor advised " that they have "referred the matter to our client and will revert to you as soon as we are in receipt of instructions". They also say " we request an 8 week extension" - See attached.

 

8. On DATE, I wrote to the Claimants solicitors requesting a response to my Part 18 request as these questions should not need to be referred back to the Original creditor. I also wrote to the Court asking if it could be confirmed if the Claimant had submitted an application for any extension, in particular the 8 week extension they had advised me they required. See letters attached - Doc 3a, 3b and 3c

 

9. As the Claimant had appeared not to have requested this time via the court, I sought further advice and was advised to seek an extension myself by way of CPR15.5. I asked the Claimant's solicitor for an extension from DATE to DATE. I confirmed that on reciept of their agreement, I would advise the court as it was understood that it was my duty to do so under CPR 15.5 This letter was dated the xxxxxx, a copy of that request and proof of delivery has been submitted. (Doc 4a, 4b)

 

10. No response has been received to date. Without the information requested, I remain embarrassed and unable to submit a defence at this time.

 

11. Consequently, I deny all allegations on the Particulars of Claim and put the Claimant to strict proof thereof

 

12. I respectfully request a stay in proceedings until such time as the Claimant complies with the requests outlined in paragraphs 4, 5 8 and 9 above or until the Court orders its compliance with the same. I will then be in a position to file a fully particularised Defence and Counterclaim and will seek the Court’s permission to amend my statement of case accordingly.

 

 

 

 

[Tecnobaz]

Thank you for that, whats you thoughts on sending defence via the online system rather than post.

[citizenB]

Thank you for that, whats you thoughts on sending defence via the online system rather than post.

 

Submitting online IMHO is probably better because it goes into the system within 24 hours. Posting, there is the danger of it being lost, or lurking around in the recipients mail room.

 

The only danger with submitting online is the amount of space. I think and you would need to check this.. that you have 8,000 characters to play with online.. the Defence above is 4,057 characters with spaces.. so if I am correct, you can add to the above if you want to..

[citizenB]

Tec.. have you already sent the defence ? If not, and if the Claimant is claiming s69 statutory interest in the claim.. add the following..

 

 

Furthermore, it is noted the claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum. The defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts Interest on Judgment Debts Order 1991 Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974.It is averred that no Notice of Arrears or annual statement of arrears have ever been furnished by the Claimant pursuant to the CCA2006 amendments which precludes the Claimant from enforcement in the absence of the above."

[Guest]

citb

have posted this info elsewhere. but, generally, s69 (pre J statutory interest) is claimable (subject to 69(4), correct pleadings, and J's discretion on the circumstances, up to 1 years worth, etc). the 91 Order (by virtue of s74) relates to post J stat interest only (s74). it's worth a plead though!

Edited January 24, 2012 by Ford

[citizenB]

 

Taken comments on board

[Tecnobaz]

Yes I already sent it, the stat interest claimed for was £0.00 according to their claim.

 

UPDATE :

 

Letter from BC today,

 

We confirm that we have received updated instructions from our client to discontinue these proceedings. You will receive notification of the discontinuance from the Court in due course.

 

I will follow this up with a phone call to the court mid week.

 

A big thank you to all that helped in this matter.

[citizenB]

Excellent news - Yes, I think a call to the court would be good and I would say that once you get the Notice of Discontiuance you can put in for some wasted costs

 

Please let us know when you have the hard copy and I will change your thread title.

[sillygirl1]

Nice one, Uncle Bryan looses again!

[Jasper1965]

Great news!! Told you Bryan Carter don't like having to work for their money which is another way of saying they speculatively litigate on debts which often don't appear to exist or are unenforceable for any number of reasons relying simply upon the %age wins from uncontested default judgments to make the sorry business lucrative.

 

Now go and hit them hard for your wasted costs!!

[AndyOrch]

Well done Techno

 

Regards

 

Andy

[Tecnobaz]

Called court and they confirmed that the case has been discontinued. Been waiting for a letter confirming now for 14 days, so rang again and was told the court do not send anything its just on there systems. Is that normal practice?

[citizenB]

I would phone the court and ask if they could send you a copy of the notice of discontuance and also write to Bryan carter.. something along the lines of..

 

"I have not received confirmation of your telephone call of.. where you stated that your client has instructed you to discontinue with the claim number XXXXx "

 

I look forward to your early response.

 

 

That way you have covered both sides..

[citizenB]

Just a thought.. can you still access the MCOL web page with your claim on it ? If so, you might find something on there that says .. discontinued.. if so.. print it off

[sillygirl1]

You could also copy in the Solicitors Regulatory Authority with a short note mentioning BC's lack of communication and procedures on this issue.

[Tecnobaz]

I have a letter stating the claim has been discontinued from BC. Just that I'd assumed the court would send an official one.

[citizenB]

I have a letter stating the claim has been discontinued from BC. Just that I'd assumed the court would send an official one.

 

Sorry, my misunderstanding. MCOL dont always send out NoDs.. So, as long as you do have the letter from BC, then just file it very safely and forget about it.

 

I would still check the MCOL webpage if you still have access and see what it says on your claim..

[Tecnobaz]

I wrote to the Court and they have replied confirming that the case has been discontinued.