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

[phaitun]

If Carter folds upon notification of my defence and the fact he has no docs what should i do?

 

Chase him for wasted costs?

 

Also as there are two claims in for 2 seperate alleged debts.

 

Carter has only responded to the CPR 31+18 for the one alleged debt £3k+, the smaller £160+costs he has not responded to at all defence deadline for the smaller one is 12/03/2012

 

Should i call him and ask what his intentions are ref the smaller one ie Disclosure and agreeing an extension or assuming he is going to be an @r#e ref this one also should i just submit similar defence and watch what happens?

 

Sometimes worried, sometimes really up for the fight, however always comforted by advice found here

[AndyOrch]

If Carter folds upon notification of my defence and the fact he has no docs what should i do?

 

Chase him for wasted costs? If he issues a Notice of Discontinuence yes.

 

Also as there are two claims in for 2 seperate alleged debts. (2 summons?)

 

Carter has only responded to the CPR 31+18 for the one alleged debt £3k+, the smaller £160+costs he has not responded to at all defence deadline for the smaller one is 12/03/2012

 

Should i call him and ask what his intentions are ref the smaller one ie Disclosure and agreeing an extension or assuming he is going to be an @r#e ref this one also should i just submit similar defence and watch what happens? Yes subject to his response

 

Sometimes worried, sometimes really up for the fight, however always comforted by advice found here

 

Andy

[phaitun]

Defence x 2 for both claims sent in to Court today.Had to send 1 x Email to defendants section of NBCC as i lost/forgot password for online service. Received quick reply of acknowledgement from NBCCSecond one gone in no problem online.

[AndyOrch]

[phaitun]

Today 02/03/2012 recieve a respose from Arrow Global ref CCA request i sent them

 

they state they have an agreement but it is at a different address to the one i am now at and have stated on the CCA request.

 

therefore they now want me to send them proof of ID i.e 2 current forms of documentation to prove i am the person on the agreement

that they have issued a claim at the county court to in order to comply with data protection law!

 

Am i missing something here?

 

They have issued a claim against me Mr Phaitun, when i have asked them to prove a claim is valid by producing a Credit agreement in the name of Mr Phaitun,

they then ask me to confirm that i am actually Mr Phaitun the correct person to whom the claim relates

and that i should provide them 2 x forms of official ID in the name of Mr Phaitun at my current address (where they have issued the claim to)

before the will provide me with the document that is evidence of their claims lawfulness.

 

do the courts actually let them get away with this?

Surely this is fraudulent claiming?

 

How do ideal with this issue now?

My holding defence has gone in.

What game do these fools play?

 

I am so angry, i dont want to send them any form of ID they can get my details off the electoral register,

and they have issued a County Court claim in respect of the alleged account that i have formally acknowledged and defended

[dx100uk]

calm down

 

they've just shot themselves in the foot again

 

it matters not 'what' address you are now at as to what address 'might' be on the cca

and you do not have to provide any proof to get a cca request..

 

others will be along tomorrow

 

dx

[phaitun]

Hi dx, thanks for advice, is there a letter that i send to them now?

 

it just seems that they have ignored and fobbed me off ref my requests and theres no comeback

[The Mould]

Here's a short letter (example only) that you can send in response to the Claimant's said letter received yesterday.

 

Dear Sirs

 

I acknowledge receipt of your letter dated 2 March 2012, the contents therein are noted and I respond to the same.

 

With respect, F off.

 

Yours Faithfully

 

Mr P

 

Kind regards

 

The Mould

[gezwee]

Ample opportunity to test them at aq....... should it ever proceed that far. Total t**sers, 'we'll file a claim and ask you to prove we've complied with CCA, DPA and PaP when it suits us'.

 

Wait to see if they ack the defence/s....... you may need to bite your tongue for a while, keep the letter safe for now.

 

Send BC a stern reminder that unallocated cases are treated as multi track for the effect of costs, suggest he untucks his head from his ar*e and complies with 31.14 request or you will seek costs in application for disclosure.

 

Gez

[phaitun]

no reply as yet ref any defences submitted

 

nothing at all from Carter reference the £160 + charges debt not even acknowledgement of cpr 31.14 or cpr 18.

 

as i am logged out of the mcol site on this one cant check status although had email on 1st March 2012 acknowledging receipt of defence from court

 

as i had no reply ref cpr's and have submitted defence what is the next step?

 

also he has rebutted cpr's on the £3k+ debt with a load of bs as to why he shouldnt respond/comply

 

what will be the next step on this one

[gezwee]

Did you send the reminder ? Always best to keep the pressure on them and it shows you are actively seeking disclosure should this ever progress to a hearing.

 

Not much else you can do at the mo, its a bit of a waiting game to see if they decide to proceed.

 

Gez

[phaitun]

SENT THIS IN REALTION TO THE £160 DEBT

CPR 31.14 Request

CPR 18 Request

 

On 08/02/2012 I received the Claim Form in this case issued by you out of the Northampton County Court dated 06/02/2012

 

On 14/02/2012 following extensive research of Case law and Court Procedures I submitted a formal request to youselves for disclosure relating to this alleged debt under the auspices and requirements of CPR 31.14.

 

On 16/02/2012, following further research and study of such case law and Court procedures I submitted a formal request for disclosure of documents and further information under the auspices and requirements of CPR 18.

 

I did not receive any reply from yourselves in relation to these requests in during the required statutory time scales and as such I submitted a defence to the Northampton County Court Bulk Claim centre on 01/03/2012.

I still eagerly await the disclosure of the required documents upon which you base your claim, in order that I can properly prepare my defence.

I hereby formally request the document s be disclosed to me in a timely fashion in the interest of Justice and fairness.

 

As you will no doubt be aware unallocated Cases are treated as being ‘Multi track’ for the effect of costs and in accordance with the CPR guidelines I may seek to claim costs in application for the correct disclosure in relation to my requests.

 

Yours Sincerely

Edited March 6, 2012 by phaitun
Ease of reading

[phaitun]

TRIED TO EDIT -WORK COMPUTER NOT GOODSorry

[gezwee]

No change to your position at the mo then, personal opinion would be to sit back and wait to see if they want to progress the claims. It'll take them a few days yet to consider your defence/s and weigh up any commercial benefit in pursuing.

 

I'd guess the small one will disappear up his backside pretty quickly. Be prepared to slap him with wasted costs if he discontinues on either or both.

 

Other than that, spend a bit of time reading a few BC threads on here to see which direction to take things in if an aq appears on your doormat in a few weeks.

 

Gez

[phaitun]

sent a similar letter to Carter ref the larger debt also

 

received written confirmation from the Court in receipt of my defence x 2 also today.

 

My costs claim is growing at a rate

[poundhound1808]

Hi,

 

Looks like I'm in a similar position to you, my thread can be found here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?339613-Arrow-Global-BC-claim-received-today-help-please

 

Maybe we can exchange info on progress etc., also by PM if you want.

 

Others reading this, I'd be most greatful if you could spare a moment to have a look at my thread and provide some advice.

 

Let's beat the barstewards!

 

ph

 

P.S. My claim is for more than £5K so there is some difference in them having to comply with CPR 31.14 - from what I've read they have to in my case but still refuse...

Edited March 7, 2012 by poundhound1808

[phaitun]

Hi Poundhound, would rather do everything on the threads to be honest, as per forum rules

[poundhound1808]

Hi Poundhound, would rather do everything on the threads to be honest, as per forum rules

 

Absolutely fine with me.

[phaitun]

Poundhound, i can see you are as frustrated as me, i am lucky as i have the time. As i ahve mentioned it seems stacked heavily in favour of the claimant especially with these bloodsuckers, however there is loads of good advice. I am no expert but if it were me i would immediately put the house in your partners name solely, just to protect the equity. Dont know if a good move.

[poundhound1808]

phaitun, thanks for your post. I absolutely agree - the "common" man/woman has little or no chance in this system, which is one (more) reason why I am leaving. My (albeit limited) experience with large companies/banks/courts in my home country leads me to believe things are a bit more equal there - it's a modern democracy without all the bias of the class system and its stuffy and incestuous aspects.

 

Transferring the house to my partner only won't work via the simple route as his salary isn't high enough to take out a mortgage in his name only. Currently I'm looking at the option of removing my name from the title deeds but keeping the joint mortgage (will obviously continue to pay my share from abroad).

 

Will keep following your thread and wish you all the best!

 

ph

[phaitun]

So today i receive a 'WITHOUT PREJUDICE' letter dated 7th March 2012

 

basically Carter on behalf of Arrow Global are trying to avoid further costs for EITHER party and can confirm that on a without prejudice basis they are prepared to accept a full and final settlement of the debt for the sum of £3,554.37 provided payment is received by themin 28 days of the date of this letter.In the event that i am unable to pay the full amount then their client will accept a monthly installment plan.

 

They have enclosed 2 x CONSENT ORDERS for my use and i have to sign them and return them to Carter within 7 days if i wish to proceed with the consent order. (i can use the stamped addressed envelope)

If i choose the installment option then i should insert a reasonable sum in relation to my financial circumstances in the blank space provided in the proposed consent order.

 

If they do not hear from me then they will apply to the Court to strike out my defence at hearing which, if succesful will result in furhter costs being payable by me.

 

They look forward to my reply and hope i can agree to settle out of Court.

 

I am convinced i am being 'punked' by some mates as i cannot believe this tripe.

 

I want to send their stamped address envelope back to them full of terrier ****e! What a bunch of crooks.

 

I guess i reply to them - NO WAY JOSE'

 

Any advice at this stage would be greatly received.

[gezwee]

Wouldn't bother responding to it.

 

Why make a w/p offer...... if they were serious they'd have made a part 36 and tried to use it later in the event of a favourable judgment.

 

You could always use their Sae to send them another reminder to disclose docs at the crux of their pleading.

 

Gez

[phaitun]

Gez, thanks for reply, would rather send the doggy doo, however i will draft a further letter to remind them of their duty to disclose docs.

 

Are these guys for real, it beggars belief that they would even try this, i have a gut feeling that they dont have any docs and are trying to scare me into paying by stating they will get my defence struck out, they think i am stupid, very annoying:-x

[phaitun]

Whats a part 36? i will research it, anyway 3 more hours on the wasted costs lol

[gezwee]

Part 36 is here....

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part36

 

If they thought they had a strong case they'd use it for pushing the costs issue........ w/p, unless ordered by the court or by agreement of all parties, is not disclosable when it comes to costs.

 

Gez