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

[phaitun]

away for a few days visiting family up north:-D

will be drafting my defence next week, if there is no court action pending from the vultures, as they withdraw then the latter part of my defence i.e since they issued the claims will form my wasted costs claim.

 

if anyone could take a look at cca, then comment on enforceability or not and also considering the missing bits from the SAR ( t's andc's, DN, Term Notice, Notice of assignment etc all missing) whether these should/could form part of defence statement and how seriously the Judge would consider these facts as my defence.

 

I have read so many cases, threads and often contradictory posts that i am slightly confused, i want to get this right before i stand in front of his/her honour!

[AndyOrch]

" 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! "

 

MCOL ( or local County Courts) do not inform you if its stayed, its an automated process when the Claimant makes no response to your defence.

 

Regrads

 

Andy

[phaitun]

Thanks for the info, working my way slowly around the civil court system and its workings

[phaitun]

So not heard anything about the claims, despite sending copies of CPR 31.14 AND cpr 18 to Arrow now they've sacked Carter.

 

However today i come home from a day out with kids to find a letter from Arrow enclosing the CCA they sent (see attachment) and a running log (statement) of all transactions. The letter is headed 'debt owed to Arrow Global Ltd' Assigned by HBOS A/C No. xxxxxxxxxxxxxxxxxxxx

 

Now i am missing something here that despite my 4 requests to both them and Carter during the vexatious claim Carter made, i have asked for 'proof of assignment' and proof of a Default notice. They issued a claim which as far as i know is now stayed since they sacked Carter.

I sent them a letter requesting all of the docs when they notified me of Carter no longer being instructed, i also plainly and boldly wrote and asked them what their intentions are as far as the claim in the County Court goes.

 

i will call the Court tommorrow as i need to know exactly what processes are now in place.

 

In my limited understanding of these issues (learned from this excellent site) i am guessing that the Debt is unenforcable in Court due to a faulty CCA (see attachment i am not sure if it faulty or not), there is no Default Notice ever sent or now in existence. (i have never signed for anything regarding any debts old or disputed and cant ever recall a DN being received) I have never received a Notice of Assignment and there are not Terms and Conditions supplied.

 

I dont know how to proceed at this stAge as they have not answered my request for clarity regarding their Court intentions/Claim, i want to ensure that they are the lawful owners of the debt before i make a payment arrangement with them.

 

I dont want to admit or acknowledge the alleged debt until they can provide all of the requested documents and we enter negotiations as to the charges and interest applied whilst the debt was being managed by a DMC.

Also i am worried that if i enter into negotiations at this stage with them they will go ahead and sabotage my CRA (which is now clear), they will instigate a further claim for the full amount which i cant afford to pay in full. And the whole thing will start again with a fresh DN and NOA etc.

 

Also whilst going through the micro details of statements there are lots of 'codes' that are shown against amounts that arent listed on HBOS or Blair Oliver Scott's list of codes. There are a few charges for missed payments and lots of interest added whilst the DMC were managing the debt on my behalf and i was maintaining regular but reduced monthly payments despite asking for interest being frozen. Therefore the amount they are claiming is also in dispute now.

 

I am hoping someone can take a look and provide some advice as to where we go from here as the original calim from Carter is stayed, Arrow sacked Carter, i dont belive that i can claim for costs? to offset against the amount allegedly owed. I have put in well over 20 hours of research and work, plus SAR, CCA and Recorded delivery fees, taken time off work to go to the post office and also searching my ex wifes attic for documents etc just defending Carter tin pot POC for him then to be dismissed by Arrow with not any recourse! Surely they should pay me for wasting my time deailing with their poor choice of legal representation!

 

Rant over, any advice greatly appreciated

[phaitun]

Today Allocation Questionairre x 2 waiting for me for each alleged debt. dated 2 days ago

 

I must send AQ by May 1st, dont know why this late 28 days had expired. So now i go to work again

This time Phaitun v Arrow, still dont know why they are bothering as no DN, no NOA, anyway will complete the form, checking in to some threads i saw here already.

 

Any advice at this stage is welcome?

[phaitun]

does this bullying ever stop?

 

today 2 letters from Arrow with copies of the AQ's from the Court, asking me how i am going to settle these debts.

 

It seems that thyey are still trying to frighten me by sending copies of Court Docs to me when asking for my proposal to repay what they allege i owe.

 

This is a sure fire case of harrassment? There is nothing in the letters stating please contact us to negotiate a settlement out of Court ort similar.

 

Just using the Courr forms as a means to try and frighten me!

 

BOO, there i am scared.

 

When they can prove i owe them, with docs, default notices, NOA's and other statutory requirements as i have requested 4 times already, then i will consider paying these people. How do i know they are lawful owners?

 

Any help or advice appreciated folks!

[asokn]

does this bullying ever stop?

 

today 2 letters from Arrow with copies of the AQ's from the Court, asking me how i am going to settle these debts.

 

 

This is a sure fire case of harrassment?

 

It's really not. There's no Rule requiring service of the AQ but it is considered good practice. To be fair it's an impossible position because people will complain if the AQ is not served ("the creditor is doing the bare minimum and refusing to let me see their docs unless they're obliged to!") and complain if it is ("I'm being harassed with these court forms!").

[phaitun]

Thanks for replying asokn, however my issue is that i have already received the forms from the Court, AG will know that, why do they see fit to send me a copy and in the same letter ask for my repayment proposal.

 

Just seems like a further bullying tactic trying to frighten me with 'an offcial document' from the Court.

 

Anyway, i am sending the AQ back this weekend, and working out my full defence and counter claim as after reading a thread of 17 pages till the wee hours it seems that i have paid a lot more than i originally thought due to interest added when i was making token payments etc, this amount should be offset against the claim amount at the very least.

 

Any comments on the agreement i posted/attached earlier in the thread?

[phaitun]

ok, i am sending the AQ back, how do i ask for permission to submit a full defence?

 

The smaller debt AG/ Carters sent NO DOCS in response to CPR 31.14/18 so i guess my defence submittedpreviously shall suffice (embarrassed),i will offer to pay this off as a F&F if they can provide the docs to prove i own it, this was a credit card and i may have paid loads of penalties, ppi etc but NO docs so i dont know for sure of charges and ppi or how to proceed at this stage.

 

In relation to the larger one, i am starting to really worry about it as they have sent a signed agreement and statements, i cant afford to pay this one in full and definately cant afford to get a ccj as i will lose my job if that happens, really need some help or guidance as to how the whole defence shall be formulated, starting with

 

the agreement they sent (is it enforcable, no t&c's?)

 

no default notice (is this a major factor of my defence?)

 

no notice of assignment (is this essential to enforcability)

 

I was in a dmp but was still being charged interest etc, i paid as requested for a good few years but once Blair Oliver Scott sold to DCA's - their harrasment, demands for higher payments, telling me i was paying too much maintenance for my kids and i should reduce it to pay them and similar calls at work, going through work switchboard trying to track me down etc made me stressed, angry and depressed.

I was and am still renting folllowing seperation from ex partner and moved around between 3 addresses although the 3rd address I have been for 4 years now and have 2 yr old new baby, wife, plus still paying maintenace for 2 other children. are these personal issues a factor in my defence?

 

Is it worth continuing the fight in Court? I am starting to lose hope as i have read hundreds of threads and cant get the process straight in my head now.

 

IF i fight it is there a chance of winning? A ccj will cost me my job, what other options are there? Can i negotiate payments? Should i negotiate, will it look bad in Court as i have already defended and later wish to make payments now that they have an agreement? I am not sure they are legally entitled to claim as no DN or NOA has been sent to me.

 

Really need a few tips here.........................................anybody

[asokn]

ok, i am sending the AQ back, how do i ask for permission to submit a full defence?

 

You will need to make a formal application and pay the fee. This is exactly why template defences are such a bad idea; there seems to be a belief that defendants have a right to amend their defence when in fact they do not and seeking to amend will likely leave you liable for the costs of the other side of and occasioned by the amendment if you do succeed.

[phaitun]

You will need to make a formal application and pay the fee. This is exactly why template defences are such a bad idea; there seems to be a belief that defendants have a right to amend their defence when in fact they do not and seeking to amend will likely leave you liable for the costs of the other side of and occasioned by the amendment if you do succeed.

 

 

 

Thanks asokn, however i was forced into the holding defence by the timescales of the Court process and the claimants refusal or inability to supply ANY docs at the time. there was no other option.

 

How much is the fee? where do i find this out? Is there a court form? Do i submit AQ then apply to amend?

 

Should i just go to Court and submit a Witness Statement containing my defence or is it a skeleton argument in my defence? serving it on AG the day before (play them at their own games)

 

Also i still dont know how to start my defence? Is the agreement enforcable, if not why? is the lack of default notice and NOA a reason to get there claim struck out. do i submit a counter claim for the charges and added interest by the OC.

Do i admit the debt but not the amount?

 

There is a lot of work to be done and i want to get things correct before standing in front of the DJ and pleading my case. The strict timescales dont help either as i feel under pressure to start my defence.

 

I am back in work next week and this will really bother me, plus i have to start the application for Indefinate Leave to Remain for Mrs Phaitun has to be submitted by early May.

 

Stressed out Phaitun

[phaitun]

Anyone help please?..............................................................?

 

stuck with aq, what do i put into form n149 box G 'other information'?

[42man]

You might find these useful - http://www.consumeractiongroup.co.uk/forum/showthread.php?159341

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?131499

[AndyOrch]

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.

 

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 assessmwent 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'

 

 

Regards

 

Andy

[phaitun]

Thanks so much guys, been spending a lot of time on this and its affected my work - in for a row/advice from boss today due to some scholboy errors made on docs submitted in work. They dont know i am fighting cc claim as it will cause massive problems.

 

Really stressed out now, finding it hard to concentrate.

[phaitun]

Part G now completed for both CC Claims, they are not direct lifts from templates as i have personalised them to my case, off to the County Court in morning to hand deliver them.

 

Thanks for all the guidance and links to provided folks, you guys are great!

[AndyOrch]

Good luck phaitun keep your thread updated.

 

Andy

[phaitun]

hand delivered the AQ s for both on Friday

 

1 i have never recieved any docs despite 4 requests via cpr and cca etc sent the notice as per Andys post and also draft order for directions following the thread that i was linked into...... Thanks guys, basically i requested a strikeout if they dont comply with my request for disclosure of docs within 28 days (i offered a longer timespan in the interest of fairness) attached my letters and cpr requests to my docs on the aq for the judge

 

the second larger claim similar notice and draft order for directions requesting a strikeout unlessthey disclose fully was attached on the AQ outlining some of the facts that after 4 requests including cca and cpr i had been sent the agreement and some pages of the statements but there were pages missing, no default notice, no t&c's or NOA so i cannot be sure that i owe anything to AG, i conceded that i had taken the loan with OC, but had maintained payments, then with a dmc when kids were born and ex lost her job and we were struggling. dont acknowledge the debt to AG as no notices to prove the contrary. attached my letters and cpr requests to my docs on the aq for the judge to see

i havent sent my aq to AG yet, been busy and missed the post office on friday as my lunch break i was at the cc, should i send it to them? they havent been fair with me, maybe i should give them a dose of their own medicine?

 

Just waiting for the reply from the courts in repsonse to my aq submission and attached docs (8 pages lol) hope the judge is clued up, any ideas how long this will take? what is the next process?

 

I am drafting a ws and amended defence just in case, not too much case law included at the moment just facts where i have them. Would really like an expert to comment on the enforcability of the agreement if possible as although not an absolute defence these days it was taken out in 1999 and the enforcability issue will help in the larger scale of things, may have 1 or 2 golden nuggets in my defence that i wont mention here just yet.

 

i have micro detailed what has been disclosed by them thus far but still waiting for full disclosure.

 

I will fight it now as my aq has gone in. will take the chance as ive gone this far.

[phaitun]

Thanks to Andy and the other contributors to this thread, you have given me the confidence to stand firm with the DCA's

[AndyOrch]

Hi Phaitun

 

The response to the AQ really depends on the local court, work load and how fast they can get The Notice of Allocation back to you, seen some 2 weeks others 6 weeks so no exact science.

 

Regards

 

Andy

[phaitun]

Thanks for your reply Andy and for looking in, its good to know there are people taking an interest.

[phaitun]

My draft order for both of AG's claims were submitted with requests on part G of the AQ. they were written so that unless AG disclosed the documents to me by Monday 14th May i requested the judge consider striking them out.

I did concede on 1 of them that i had been sent an agreement, some statement pages (2 pages were missing), however no NOA or DN or T&C's

 

How do if find out if the judge agreed my order?

 

Should i call the Court? ive had no correspondence from either AG or Court to date regarding this. Ive been away with work and im travelling again this weekend returning monday.

 

What is the protocol with regards to these orders being granted, considered or denied by the DJ?

 

Thanks in adavance

 

phaitun

[AndyOrch]

Hi phaitun

 

Once AQs are submitted to the Court you will receive a Notice of Allocation.

 

CPR 26.9

 

(1) When it has allocated a claim to a track, the court will serve notice of allocation on every party.

(2) When the court serves notice of allocation on a party, it will also serve –

(a) a copy of the allocation questionnaires filed by the other parties; and

(b) a copy of any further information provided by another party about his case (whether by order or not).

(Rule 26.5 provides that the court may, before allocating proceedings, order a party to provide further information about his case)

 

 

CPR 26.5

 

(1) The court will allocate the claim to a track –

(a) when every defendant has filed an allocation questionnaire, or

(b) when the period for filing the allocation questionnaires has expired,

whichever is the sooner, unless it has –

(i) stayed(GL) the proceedings under rule 26.4; or

(ii) dispensed with the need for allocation questionnaires.

(Rules 12.7 and 14.8 provide for the court to allocate a claim to a track where the claimant obtains default judgment on request or judgment on admission for an amount to be decided by the court)

(2) If the court has stayed(GL) the proceedings under rule 26.4, it will allocate the claim to a track at the end of the period of the stay.

(3) Before deciding the track to which to allocate proceedings or deciding whether to give directions for an allocation hearing to be fixed, the court may order a party to provide further information about his case.

(4) The court may hold an allocation hearing if it thinks it is necessary.

(5) If a party fails to file an allocation questionnaire, the court may give any direction it considers appropriate.

 

Regards

 

Andy

[phaitun]

Thanks Andy, i guess i just sit and wait!

 

Cag rocks!

[phaitun]

Help received a letter from the Court today that i must submit a properly completed AQ and pay the appropriate fee or the judge will strike out my defence and counterclaim?

 

Huh i hand delivered it to the Court and had a receipt from the receptionist.

 

Got to be sorted out by 1st June,

will upload the letter minus details.

 

Help please