Received a claim from arrow global at Northampton CC really dont know where to go

[phaitun]

Untrue or misleading

 

A representation is defined as "false" if it is untrue or misleading and the person making it knows that it is, or might be, untrue or misleading. Actual knowledge that the representation might be untrue is required not awareness of a risk that it might be untrue.

[AndyOrch]

I think the word Fraud should be replaced with Vexatious

 

Andy

[asokn]

A solicitor issuing a claim and then coming off the record is not evidence of fraud. It is a total waste of time to suggest otherwise. Feel free to do so if you wish though, I just wouldn't waste my energy on it personally.

[42man]

If they have withdrawn you could hit them with a wasted costs order....

[panther12]

Solicitor will just say they act on the instructions given by their client therefore entitled to treat those instructions as proper – or some carp like that. That’s usually the spiel I get back from solicitors when I reply to a dca threat-o-gram that’s been written by the dca using solicitors letter headed paper. I guess it’s an attempt to make their empty threats more realistic. Although their letters tell you to reply direct to the dca, if it’s written on solicitor letter headed paper I always use the SRA website to look up the address of the solicitor and reply direct to them.

[foxyflugel]

Very useful thread Phaitun - and good on you for putting up such a fight May need to use it as these scumbags have just obtained a judgement by default by sending all docs to an address where I haven't lived for 11 1/2 years!! But we'll see about that!! *goes into fighting mode* lol.

 

Congrats and I hope you don't hear anything more about it - fingers crossed for you.

 

Foxy

[phaitun]

Bad news today, received N 434 Notice from Northampton County Court and a letter from Arrow Global basically both stating that Bryan Carter has ceased acting for Arrow Global in relation to this matter, and any further correspondence is to now be sent to Arrow Global, Belvedere, 12 Booth Street, Manchester.

 

Arrow Global state it is now being dealt with by their specialist litigation team, and that all future correspondence is to be addressed correctly!

 

This is a different address to their registered office where i have previously sent CPR 31.14 and CCA request (to which they still have not replied)

 

I drafted the letter today to send them asking as to whether they are pursuing the matter etc but glad i never sent it.

 

Now do i start again with CPR 31.14, CPR 18 requests to them?

 

Are the requests i sent to Carter, which he referred back to his client still binding?

 

Also they have included in BOLD type the telephone number to make contact for enquiries and/or to amke arrangements to pay my debt (alleged)

 

It seems these monkeys are trying to play games with my good self:jaw:

[phaitun]

Do i still chase Carter for Wasted Costs or do i have to wait until the case is withdrawn by Arrow Global? Is there a time limit toclaim costs from Carter?

 

This is starting to pickle me brain!

[asokn]

The solicitors have just ceased acting, the case still continued but the creditor is now a LiP just like you. There's no basis to claim wasted costs just yet!

[phaitun]

Thanks asokn, its a messy business this County Court malarkey!

[asokn]

Indeed it is!

[phaitun]

And so the battle continues - letters sent to Arrow reminding them that i have now requested disclosure of docs 3 times previously and that this leter should be taken as a 4th Formal request for documents that they should disclose. I also gave them a gentle reminder that the docs SHOULD have been in their possession BEFORE making the claim and that a Judge would be very interested in the fact that i have asked for disclosure on 4 occasions previously PLUS a CCA request!

[phaitun]

Today when i got home i receive a reply to my CCA request for the larger debt providing me with:-

 

A copy of the agreement

 

A copy of the account statement from OC - Halifax Loan

 

Also receive documents from Halifax in relation to my SAR

 

Copies of Customer notes from them, copies of information held on their computers, lists of abbreviations and codes for Halifax and Blair Oliver Scott, copy of information held on their processing system and a copy of the information held by Blair Oliver Scott

 

I will try to post the CCA agreement via scanner (if i can get it working) later for some advice as to whether its enforcable however some glaring points of note if anyone would like to comment -

 

1. no terms and conditions supplied by either party, nothing relating to T&C'S on the CCA agreement Arrows letter states that they are awaiting t&c's

2. no default notice provided by either Halifax or Arrow

3. no termination notice provided by either

4. no notice of assignment provided by either

5. no enforcement notices

 

Blair Oliver Scotts printouts are just screen prints of what appear to be a computer record, these are intersting as one of the pages/printouts reveal that during:

september 2009 the debt has printed alongside it - PASSED FOR WRITE OFF

Nov 2009 MOVED TO ST 37 (i am going to query this as this does not relate to any code they supplied)

Oct 2010 SOLD-DETERM and a date

Oct 2010 ATTACH DEBT SALE ARROW

FEB 2012 - query from Arrow, ARROW REQ APP/T&C/STATE (Arrows request for t&c's, application and statements) {claim issued on 02/02/2012 should they have had these first?)

FEB 2012 - AGGREEMENT AND STATEMENTS SENT TO AGENT

 

ALSO

 

Same page but different screen print from Blair Oliver Scott dated 06/03/2012 basically outlines the fact that due to Blair Oliver Scott having an old version of CACS (I presume this is their debt manager program) it reads as follows - 'notes werent archived for these laons and that the DFN not available'

 

I have worked out that dfn is most probably = default notice

 

However the term DFN or dfn is NOT listed for some reason on their lists of abbreviations but on a different sheet of paper with a screen print it is headed 'query from arrow' dated 29/02/2012.

 

later in the comments section it reads 'please provide copy of default notice and details of any charges added to the account

PRINTED UNDERNEATH READS

***reply***

copy of dfn ordered 29/02/2012, stats ordered 29/02/2012

 

So i guess they havent got a default notice,

There is reference on Blair Oliver Scotts stuff regarding my payments made firstly via a DMC THEN My last payment via card in 2008, there are items recorded regarding them contacting old addresses via phone and being told i dont live there by a 3rd party, there are records of them contacting my works and being told i dont work at that particular location.

[dx100uk]

attach the PDF not paste links

 

scan the required letters/agreements/sheets

as a picture[jpg] file

or convert them to .PDF

ENSURE:remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

 

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf

than many single ones

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

then hit reply button

dx

[phaitun]

removed due to double posting

amaended halifax.pdf

AMENDED SCAN 34 FOR CAG.pdf

[phaitun]

Still no AQ, any advice as to starting to draft my defence? i.e what shoudl i include? Could i defend on the basis of no t&c's, no default notice, no termination notice, no notice of assignment?It seems it was sold on after i stopped paying the DMC and later Blair O Scott monthly installments after they chased me in work, harrassed me by phone,s ent laods of letters etc so i told em to accept a £1 a month or to 'bog off' , Blair O Scott has no record shown of Default Notice issued, however they do have records of the payments made when they caught me off guard in 2008, calling me in work etc. Any advice would be much appreciated as i want to fight this as much as poosible due to the behaviour of these horrendous DCA's and businesses.There are very little charges applied to the account.

[asokn]

You must have already filed a defence if you're now expecting an AQ?

[phaitun]

filed a holding defence as BC did not supply any docs as per CPR 31.14 and 18 requests, now Arrow have sent me a notice of change of solicitor (sacked Carter) and now using their specialist litigation team! now i have some docs as a result of SAR to Halifax and CCA to Arrow i need to start drafting my full defence. I dont want to be caught out if i have to go to Court, as i did originally owe this debt to Halifax, i have not seen any notice of assignment from Halifax to Blair Oliver Scott to Arrow.Dont know who i actually owe as there are notes on Blair Oliver Scotts screen prints that the debt was sold on to Arrow byut that is all, no supporting docs, notices, etc

[phaitun]

I presume that Halifax were OC, used their in house collectors - Blair Oliver Scott when i went to a DMP company as i was having problems. Blair Oliver Scott sold debt on to Arrow, Arrow used Carter to issue a claim, i defended using 'holding defence' as i had no docs and was pusshed into a corner with timescales etc. sOME Docs have now been found , Arrow sack Carter, now i wait for more trouble from these vultures

[asokn]

If you've served a holding defence then you're not entitled to amend it or produce a new one without the consent of all parties or permission of the court.

[AndyOrch]

Have you had any CMC (directions hearings) since submitting that holding defence phaitun?

 

Regards

 

Andy

[phaitun]

Nothing from the Court as yet. Although Arrow sent a N434 change of solicitor notice to myself and it looks like the Court form so i would assume it is a Court formality and they have to be notified also?

[asokn]

Yes, that's right. The solicitors need to formally come off the record by notifying the court.

[AndyOrch]

You wont get an AQ until the Claimants wishes to proceed, your holding defence as been submitted so the claim is stayed if it as surpassed 28 days.

 

Regards

 

Andy

[phaitun]

Andy, i just checked MCOL and it shows that my defence was sent and received at Northampton 01/03/2012, so now definately exceeds 28 days.

 

Nothing on MCOL to state the claim has been stayed though!

 

I am planning ahead with these vultures, i have now got this matter organised, kept a running log and disclosure schedule since i recieved the claim form. I am hoping to prepare my statement over next 2 weeks as i am off work, however i dont wish to be forced in to a similar situation where i had to submit an 'embarrassed holding defence'.

 

i want to make sure i do things correctly and show the judge how these cowboys are flagrantly abusing the Court system, I also will offer to pay the debt if it is truly enforcable, with the correct conditions etc. I only stopped paying because the idiots were harrassing me so much , calling me in work, letters etc when i had been paying an agreed installment plan with them.

I got so fed up that one day i gave them a piece of my mind and told them i would pay them £1 a week or they could take me to Court over it. Now 4 years later the debt has been sold to more scavenging dogs who have actually started the road of taking me to Court. It is principle now, i dont like these bullies, i wont be walked over, i will pay what i owe if it is now lawfully claimed by these dogs, more so just to prove a point after fighting them for a while.

 

Yes i am worried, also up for the fight, i just need some more advice as to whether the debt is actually legally enforcable and they actually have a right to chase it through the courts.

 

Also how to start with my bundle?, i have given expert evidence countless times in Crown Court due to my day job, i am not intimidated by barristers, lawyers the Court or judges, i have addressed judges in chambers many times, had my dressing downs on occassions and been to many a criminal law case conference with prosecuting barristers, defence lawyers and specialist barristers. However the Civil Law Court holds a new challenge for me as during my previous dealings with the judiciary i was truly an expert in my field, with 10 years of hands on daily experience of my subject and i knew my stuff inside out, keeping abreast of all changes in the subject matter and case law as and when these changes occurred.

 

I am in the process of micro detailing/perusing the rubbish bundle of docs that I have recieved in response to my CCA and SAR requests, still no docs received in relation to my CPR requests. Really want to get my house in perfect order before locking horns with the muppets from Arrow in the Court room if needed.