Bryan Carter/Arrow/Fredrickson and Orange **Help with defence needed urgent**

[citizenB]

Ok defence submitted. Funnily enough Bryan Carter Solicitors rang earlier, I confirmed my name then refused to confirm anything else. Politely asked him to put anything in writing. Wonder what they wanted.

 

All nervous now :/

 

Did they telephone before or after you had submitted your defence ? As it was done online, they would have access to it almost immediately.

 

I think you were absolutely correct in refusing to continue with the call,.. however, a real nuisance until you receive a letter letting you know what it was about !!

 

I guess it could have been any number of things.. and now I am going to be juggling ideas until you know for sure

[missdpd]

It was before, maybe they wanted to test the waters to see what I was going to do. Guess they have their answer now

[citizenB]

They surely do

[missdpd]

Hi, I have had some correspondant with regards to this.

 

Firstly, the court have responded by acknowledging receipt of my defence and go on to state they have served a copy on the claimant or claimant's solicitor. They continue to say the claimant may contact me etc and that they have 28 days to respond.

 

Now then, I have now received a letter from BC basically giving me two options which both concern a Consent Order? One CO gives me the option pay in full and the other gives me an option to pay monthly. They then go on to say if I do not reply within 7 days they will apply for a strike out of my defence. Once again, all they have done is stated in their letter, details that they know of with regards to this alleged debt. I have still not received a copy of a DN, a NoA, a copy of the contract or anything else. I have also done a credit check and it appears that Arrow stuck a default on there in Dec 2010 ish. Should they have sent a DN for that as well?

 

Worried Miss :/

[citizenB]

Thank you for the reply.

 

Ok the POC states:

 

The Claimant claims 216.37 being the balance of consideration outstanding to it under the account number AGGL ******** in respect of services rendered to the Defendant.

 

The Claimant also claims interest thereon pursuant to s.69 County Court Act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00.

 

The claimant is Global Arrow Guernsey Ltd and it signed (typed) by Bryan Carter.

 

thanks.

 

 

What amounts does BC have on the POC for his costs please?

 

Are those details in the consent order the same as is in the PoC ? I cant see him being allowed to obtain a strike out without first having stated his claim properly. After all, I could send you a letter with an account number that means nothing and a figure that I claim you owe me.. but you wouldnt pay me a damn penny unless I could prove it.. would you ?

 

It was the 2nd defence you put in wasnt it ?

 

I will try and find someone to help.

[AndyOrch]

Hi Miss

 

CB as asked I look in, does the Consent offer any discount or is it for the full amount as per the summons?

 

Regards

 

Andy

[missdpd]

Ok this is what I sent as my defence:

 

 

The Defendant disputes the full amount claimed by the claimant and does not recognise the Claimant's Claim in any way for the following reasons. The Claimants pleaded case is not sufficient for the purposes of CPR 16. The Claimants pleaded case is lacking the most basic facts and detail such as dates of demands made by the Claimant, date of default, date of service of notice of assignment, date of service of default notice and date of agreement, which has alleged to be breached. This information is fundamental to the Claimants case, yet no details are offered or pleaded. The Defendant requested further information by way of letters dated the *******,******* and the *****, however the Claimant has chosen not to provide any further information. The Defendant neither admits nor denies any allegation made in the claimants Particulars of Claim and puts the claimant to strict proof thereof.

 

 

BC have provided dates, however, like I stated before, it is just dates within their letter, not copies of the actual documents.

 

Costs on PoC are £15 for the court fee plus £50 for their own fee plus the alleged debt. One consent order is for the full amount of the alleged debt plus the court fee of £15 plus their fee of £50 as stated in the PoC, the other consent form, for whatever reason, is £10.91 more than the alleged debt. They are asking me to sign one of the consent orders and return, which for obvious reasons I shall not be doing.

 

Hope this helps.

 

Cheers.

[AndyOrch]

Ok Miss I have got the gist.

 

This being a mobile contract we can safely assume that no paperwork will be available, it will have been purchased in bulk probably with hundreds of others for peanuts as Orange will have already wrote the matter off.However there should be a Default Notice and also a notice of assignment as you rightly state.

 

Im not sure if you actually owe the debt or not (not here to judge) but this is approaching Statued Barred next year hence the active litigation.BC does not like peeps defending much preferring the Default Judgment (less costs) so once a defence is entered (with or without merit) he issues his Consent Order with the threat to strike out your defence.

 

From a moral stance whether the debt is your or not the claimant should be able to verify and justify why they have issued a claim.None disclosure is the game he plays in the hope you will back down and accept his Consent.

 

So I personally would ignore the consent and let them make their next move, they certainly wont be allowed to strike out on the defence you have submitted, he knows it and hopes the Consent will dispense with this matter.

 

You should receive a Notice of Discontinuance shortly if he follows his usual style.

 

Regards

 

Andy

[missdpd]

Ok thanks Andyorch, that is what I thought. I can honestly say I am unsure as to whether this debt should exist or not as I did have a mobile contract. I also have found a letter of agreed reduced payments around that time as well, however, I was under a lot of stress and depression at the time and was fighting to stop repossession of the house so I cannot honestly remember ever seeing a default notice and most definately not a NoA. I have checked my credit file and Arrow logged a default against me in 2010, now seeing as I have been at this address since 2007 and this is the first I have heard from them, back in 2011, you can see why I am questioning. I know you are not here to judge, as are the majority of the people on this site, but believe me, if they give me definitive proof as to the existance and their legal right etc then I would happily talk to them.

 

A happier Miss.

[citizenB]

Thanks Andy

[missdpd]

Thank you CitizenB as well

[missdpd]

Hi, well it has been pretty quiet until recently.

 

I received a notification to say that BC was not pursuing, whooopieeee I thought.

 

Then a letter dropped through the door advising of a change of claimant from BC to Arrow.

 

Ok fine.

 

Having just got back from being away I have now received an allocation questionnaire to complete and return to my local court by the 8th May 2012.

 

Oh dear

 

Sooooooo it does not look like this is going away without a fight.

 

Is there anyone around that could help me complete the allocation questionnaire please.

 

I honestly cannot believe they want to pursue this.

 

Further more, I checked my credit file and it appears Arrow defaulted this in 2008 at an address I had moved away from in 2007.

 

Obviousely that would explain a lack of default notice,

however, given that I have been asking for proof all the way along and they have failed to produce, that is no excuse for them really.

 

Anyway, any help would be very much appreciated thank you.

[dx100uk]

no it would have been orange that defaulted you

 

arrows name will be against it now as they have brought the debt an shown as the owner

 

dx

[citizenB]

andyorch isnt on line at the moment, Miss. I am sure he will look in at some over the long weekend.

 

This is becoming a habit of Bryan Carter to remove himself once a defendant.. defends !

 

When do you need to have the AQ back ?

[AndyOrch]

Hi Missdpd

 

Ok I assume its the N149 you have received its fairly easy to complete and you should prepare 3 copies (Court /Claimant/ File).

 

 

The claim has been defended so it has been transferred to your local court and your local court is now arranging to make some directions for the future conduct of the case.

 

This is where the AQ comes in.

 

The AQ you have received can be completed by downloading Form N149 as a pdf and completing it in type, changing it around and only printing it when you're satisfied.

 

Here's what to say beginning first with the title and then on to Sections A, B etc in alphabetical order. You should also read the notes on page 4 and Form N512. Print this post off to help.

 

State:

 

The title

Your name

You're the Defendant

The name of the court

The claim number (found on the Claim Form you got)

The last date for filing (found on the paper AQ you were sent)

 

A

Tick 'Yes'

 

B

Tick 'No'

 

C

Tick 'Yes'

 

D

Answer 'One' (that'll be you)

 

E

Tick 'No' and ignore the remainder of section E

 

F

If you are going to be unable to attend a hearing at any time between say 1 October and 31 January, tick 'Yes' and identify those dates in the box adjacent to 'Yourself', otherwise tick 'No'

 

G

Say 'The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet, in particular the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest. By a letter dated ( ) I asked the Claimant to provide proper particualrs of the claim. A copy of the letter is attached. I have received no answer to my letter.

 

I propose the following directions:

 

1 Unless the Claimant shall have by (date) filed and served upon the Defendant fully particularised Particulars of Claim comprising but not limited to particulars of the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest, the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

2 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and there shall be a stay of proceedings until (date) to enable the parties to settle using the small claims mediation service'

 

H

Tick 'No'

 

I

Sign, date and fill in your address at which you want documents about the case to be delivered.

 

Then return it to the court and wait a few weeks whilst it gets in front of a Judge who will decide whether to manage the case in the way you / I propose or by some other way.

 

 

 

You will need to edit to suit as that as been prepared for another claim and there as been a few alterations to the latest version of the AQ.Just post if you are unsure of any the questions.

 

Regards

Andy

[missdpd]

Wow thank you Andy, just logged on and read that. I shall have a proper look tomorrow and give you a nod if I get stuck. I really appreciate the help

[missdpd]

Hi Andy,

 

I am just adjusting G to suit. Where it says date in para 1 and in para 2, am I looking to put the date the AQ has to be filed by on para 1 and what date should I be putting in para 2?

 

Cheers.

[AndyOrch]

The date in G para 1 refers to when (If any ) a section 77/78 request was made for a copy of the agreement.

 

Andy

[missdpd]

Ah ok, is this not relevant then as it is a mobile phone contract? I have never requested the agreement as the agreement was never the issue, just the lack of evidence to assertain as to whether they own the debt and have a right to collect on the debt, along with the default notice from the mobile phone provider.

 

Given that I have requested several times proof of this and have even sent a £1 postal order to obtain the proof, which was sent back to me by BC, shall I put the date that this AQ needs to be filed by anyway?

 

Also with regards to the date in para 2, what is supposed to go in there?

 

Sorry for questions.

[AndyOrch]

Ah ok, is this not relevant then as it is a mobile phone contract? I have never requested the agreement as the agreement was never the issue, just the lack of evidence to assertain as to whether they own the debt and have a right to collect on the debt, along with the default notice from the mobile phone provider.

 

Given that I have requested several times proof of this and have even sent a £1 postal order to obtain the proof, which was sent back to me by BC, shall I put the date that this AQ needs to be filed by anyway? No its not necessary the Claimant knows when to file it by.

 

Also with regards to the date in para 2, what is supposed to go in there? That is the date you want them to respond by (usually 14 days) to any requested paperwork you feel will assist with the claim.

 

Sorry for questions.

 

As said Miss, the post was an example used in a credit card claim so you will have to edit to suit a mobile agreement /claim.

 

Regards

 

Andy

[missdpd]

Hi,

 

Just an update and in need of some further advice. I filed the defence and an order by the judge was made for Arrow to file a full particulars of claim by the 7th June. The 7th came and went and then out of the blue I received a copy of their particulars in the post dated the 27th, which was the date given for me to file my defense by, which I could not do as I had nothing to go by.

 

In their particulars they have cited that they had served the assignment notice on myself back in 2010, which I have never received and which I suspect was served at an address I moved away from three years previously to 2010, furthermore I have a fishing letter from Fredrickson's that I have kept, dated in 2011 acting on behalf of Arrow to try and clarify if I am the person they was looking for.

 

Not quite sure how to respond but I want to see the notice of assignment, which I have been requesting to see for nearly a year. I need a bit of advice as to how to respond to their updated particulars and how to respond to the court.

 

thanks.

[citizenB]

Umm, so you have missed your defence date by nearly 3 weeks ?

 

Is this still with Northampton or has it been assigned to your local court yet ?

[missdpd]

Hi,

 

It got transfered to my local court where I filed a defence citing insufficient particulars of claim. The judge then ordered Arrow to file a more comprehensive particulars of claim by the 7th June and for myself to respond to this by the 27th June. This never happened as they did not file anything until after the 27th June. I only received their copy the other day, no further communication has been received by the court.

 

Hope this helps.

[citizenB]

I think you should have advised the court the minute they missed the deadline set by the court. What exactly did the order say.. .. that if they didnt comply by a certain date the claim would be struck out ?

 

I am not sure if by missing YOUR deadline, without you having advised the court why, that you might have caused problems for yourself.

 

I will ask andyorch to look in on you.

[missdpd]

Oh bugger

 

The order says that the claiment shall file and serve a fully particularized particulars of claim by the 6th June and that the defendant shall by 27th June file and serve a fully particularized defence. It then says upon compliance with both paragraphs the matter shall be referred to the District Judge for allocation.