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

[phaitun]

scan attached

scan of judges order.pdf

[AndyOrch]

Just have to resubmit Phaitun take your order and receipt as means of proof that its already been submitted, you did pay the fee didn't you?

 

Andy

[phaitun]

Hi Andy, no fee paid as i am the defendant. I merely returned the AQ with a draft order for directions as they (AG) have never sent ANY docs in relation to this one. It was my understanding from reading the form and based on some of the advice given here that i didnt have to pay a bean because i am the defendant.I will go to the Court with the docs on Monday. I guess the court lost the original AQ - will my photocopy be suffice?Also the other AQ that I hand delivered with this one seems to have been processed without any problems, i received a letter saturday with a hearing dates and details of contacting the mediation service (i ticked the box)

[phaitun]

For the second larger claim where they Have sent an agreement, some satatements but nothing else I have a court date for early august with a direction that all docs be sub between both parties 14th July.I have gone through the statements and there are some penalty charges and added interest to deduct, however there is no DN or NOA, and the only LBA i had was from Bryan Carter before he gave up and ran away.Where do i go from here?

[havinastella]

hiya Phait,

 

Just one quick question, are both claims for the same debt?

 

Jogs

[AndyOrch]

If there is no counter claim then no fee its just that you stated in post #149 Defence and Counter Claim.

 

Andy

[phaitun]

#havinastella - 2 claims both started with Bryan Carter

 

#andyorch - no counterclaim i posted it as thats what was in brackets on the judges order.

 

Now call me paranoid but i am starting to think these companies have some friends in the Court system

 

1 X Claim form was never recieved by myself, not sent to the house/lost in post? i only knew about the one when i checked with the Northampton Court upon receipt of the other, because i re-checked the letters from Carter

 

Now this misplaced AQ..................

 

Where are Molder and Scully?:madgrin:

[phaitun]

apologies fornot replying earlier I am tired as worked nights last night back on at 3 today

[phaitun]

ok, the aq has been misfplaced, i handed in a photocopy with copies of the other docs inc the draft order for directions, and supporting evidence of lack of disclosure

 

will wait and see.

 

in relation to the other one, i have to make contact to arrange mediation. how does mediation work?

 

i want to see all the docs before i agree to pay anything, i just dont trust these people.

 

do i say that at mediation? do i have to meet them or their sol?

 

i can imagine their sol/rep will try and coerce me into paying before an disclosure of docs.

 

advice please on next steps

[AndyOrch]

http://www.adrnow.org.uk/go/SubPage_13.html

[phaitun]

Hey Andy thanks for the link, now i call the mediation service.

 

I want FULL disclosure, i want a breakdown of all charges and interest on charges, i want a NOA, I want to see a default notice, i want to see evidence that they are legally entitled to enforce or claim for the debt.

 

They want to profit from my previous misfortune.

 

Thats all there is to mediate IMO

 

Now i guess that if i go to mediation and ask for all those things and once i receive them all, i can THEN work out how much i feel i should pay - minus chrges, interest on charges etc and a reduction in costs

 

If they agree to providing these items and actually do provide them do i ask for a f&f settlement figure at mediation?

 

Or do i demand the disclosure at mediation and then go to a hearing anyway bearing in mind the judges order that they should disclose prior to the scheduled hearing date.

 

It seems to me that up till now, they have continually broken the rules. and now when it gets to court stage they decide they want to play fair because they have to.

I dont think they have all the required docs.

 

They issued a claim without being in possession of said docs, even after 3 requests for Disclosure they then went back to OC to ask for docs in support of claim- surely an abuse of process.

 

I can rant all day about the unjust way these DCAs operate.

 

i guess i wait and see how it pans out

[AndyOrch]

Hi Phaitun

 

One piece of advice I can offer you is to not to go into mediation all guns blazing, you cant demand anything, play Mr nice guy, slowly slowly catch a monkey.There are ways of attaining disclosure without demand.

 

Andy

[phaitun]

Thanks Andy, i am peeved, however i will be 'diplomatic' Lol.Ill call the mediation service and try to sort it out. confused as to where to mediate though etc i dont mind doing it at the local CC. I will cal them and see what we can work out.

[AndyOrch]

You can do it by telephone (teleconference) if your Court facilitates this.

[phaitun]

Ok, called the Court today, the 'missing AQ' is now upstairs with the DJHad a missed call from the mediation service, called them back and they are busy.Hoping to hear back from them today. I would rather go down and use their rooms to mediate as its difficult in work to talk on the phone. Also thinking about it i would quite enjoy a face to face with AG reps also. Just so they can get a feel that they are not dealing with a mug that will roll over and allow Default judgement by not defending.I just cant help wanting to fight harder

[phaitun]

mediation tommorrow on the larger alleged debt, still no complete docs from AG

 

Ref the smaller one, yesterday got a letter from the Court stating the judge wants to strike out my embarresses defence sent earlier as a holding defence, despite never recieving any docs from AG in relation to this debt, No agreement nothing, i requested docs 4 times from AG and Carter, asked the judge for a draft order for drieections striking out their claim even with my copies of my requests sent.

The form reads 'General form of Judgement or Order

 

the order says that upon referral of terh Court file:

 

1.The defence is struck out at failing to dislcose any reasonable grounds to defend the case

 

2. By 4pm on 25th June the defendant must send to the Court and to the claimanats his defence making clear the basis upon which he defends this case

 

3. This order having been made by the Court of its own initiative, a party affected by it may apply to have it set aside, varied or stayed pursuant to the CPR 1998Rule 3.3 (5) & (6), such application to be issued by 4.00 pm 18th june 2012

 

dated 1st june i recieve it 12th june with a court stamp 8th june.

 

this is the one that the court misplaced, and later found after i resubmitted my draft orwer etc.

 

This does not seem right, there has NEVER been sight of any agreement or ANY docs whatsoever on this alleged debt how can my defence be struck out? Defence included no agreement non enforcable, and usual emabarrassed defence short and and concise.

 

DAoes this mean that the judge has granted that i can submit a 'full defence' as asked for in my draft order for directions? i will call the court tommorrow and ask for any ideas on this.

 

Help please

[AndyOrch]

Yes Phaitun the order gives leave for you to submit a full defence by 25th June and to serve a copy on the Claimants.

 

Andy

[phaitun]

Thanks Andy I have drafted it previously in anticipation of this day.

[phaitun]

Mediation didint go too well. The lady was very nice, outlined the claimants position and the fact they have supplied an agreement and other docs, she asked me what i expected from the session, i said i didnt know what to expect.

[phaitun]

However i stated that i required the full docs in order to make a fully informed decison as to how to proceed and/or mediate and negotiate.I then stated i was not in a position to negotiate a settlement or review the matter fully until i have received and reviewed a DN, NOA and the 2 missing statement pages. I was hoping that they could mediate with the claimant to supply me with these. She said she would pass it on. She called them passed it on and then called me stating it had been passed. However there was no power to compel them to disclose.

[phaitun]

The Lady then stated that there was nothing further to be acheived by mediation so Court it is. Also i have to follow any directions given/sent by the Court

[AndyOrch]

Simply add that to your particularised defence then, what was requested and ignored.

 

Andy

[phaitun]

Thanks Andy, i need to draft 2 x defences now.The smaller one NO docs ever received from claimant - @ £260 claimThe larger one Partial docs supplied i.e Agreement, signed, and some statements, however some pages missing. No DN, or NOA

[phaitun]

full defence for the small debt that they have not sent ANY docs for has gone in to court today, hand delivered. sent it ti AG recorded so they should get it by Monday AM.

Will post it up once i get a response from the court.

[phaitun]

REF JUDGES HEARING JUNE 2012.pdf Also received 2 x orders from the Court today ref the larger alleged debt which they have sent an agreement for plus some pages of statements.

 

This i suspect is in relation to my draft order to directions, however i would appreciate it if Andy or someone far more knowledegable than me can comment on the attached docs.

 

i cant understand what or why a representative from the Claimant was heard? why i wasnt notified that they were applying for or attending a hearing in relation to this matter.

 

What is an ex Parte application? how does it fit in with his case? Is this referring to my application for a draft order for directions? I have to attend Court for a hearing middle of next week although i dont know what this hearing is for.

 

 

How can i prepare for something i dont know what it is about?

 

REF JUDGES HEARING JUNE 2012.pdf

 

Help please