Arrow/Cater claimform - RBS credit card

[AndyOrch]

See post now edited

 

Andy

[Prudence]

Thank you so much Andy.

[AndyOrch]

In the meantime Prudence get a receipt after submission and talk to your friend re the finer details and what the final defence will be based on.

 

Regards

 

Andy

[Prudence]

I will do, think he's a bit 'burying head in the sand' bless him

[Prudence]

Apparently he did have PPI

[Prudence]

Hi, after spending ages trying to log in etc and hanging on the phone for them, I have at last sorted out the submission of my friend's defence. Before I press the Send button, just wanted to check, should I add a line (to the Defence from Andy on the previous page) to say the 'the claimant's figure may contain an amount for PPI on which clarification is required' ???

[AndyOrch]

No let them re plead firstly that will come later in your particularised defence (if any)

 

Andy

[Prudence]

Oh thanks Andy! Didn't think you'd still be here! P

[AndyOrch]

Im always here:wink:

[Prudence]

Hi, any further help on this would be appreciated.

My friend went to mediation but nothing was resolved and he advised Mediator that he had still not received agreement, statement etc.

He has now received from Arrow (Carter not involved now - Arrow now representing themselves) are:

 

RBS Sumary stating 'Balance from previous statement' then underneath that a little table showing Purchases - (figure for outstanding balance) and Cash - (figure for outstanding balane).

Also enclosed was a copy of his original app form from 2002 (PPI box not ticked) which looked like a one-sheet you folded & mailed in, and a separate 5 pages of Terms & Conditions.

There is no indication of any charges or PPI (if any) that have been included.

His case comes up in a week and not sure how to advise him to proceed.

Many thanks, Pru

[Prudence]

Just to add, my friend is happy to arrange to pay a fair amount but this was six years ago and he doesn't have details of the make of the amount demanded. He thinks he may have had PPI tho this is not indicated as being requested on the app form they have sent him.

[Prudence]

Hi, anyone any advice on how to proceed with the above. My friend has to go to court soon with this but still has had no details of any charges included in the amount Arrow is demanding.

[AndyOrch]

Impossible to advise Pru no Particulars no defence no reason posted for defending no PPI.

 

Regards

 

Andy

[Prudence]

Sorry Andy, I should know better!

 

POC: The Claimant's claim is for the balance due under an agreement which is now all due and payable.

The Defendant agreed to pay monthly instalments under account number xxxxx but has failed ot do so.

And the Claimant claims the sum of £4xxx.xx

 

The Claimant also claims interest thereon pursuant to S69 County Court Act 1984 limited to one year to the date hereof at the rate of 8% per annum amount to 0.00.

 

Defence:

The Defendant takes issue with the Claimant's pleadings. The Claim is a Bulk Centre claim, however, the rules on pleading apply even to the Bulk Centre and furthermore the Bulk Centre rules and guidelines state that if you cannot properly particularise the claim in 1024 characters then you should not use the Bulk Centre to issue the claim. The Claimants pleadings amount to circa 258 characters, leaving at least 700 characters available for the Claimant to plead adequately. The Claimant should re plead their case pursuant to CPR 16. The Defendant is embarrassed by the Claim, which faces him.

Proposed directions on AQ:

 

1 Unless the Claimant shall have by xx May 2012 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 1 September 2012 to enable the parties to settle using the small claims mediation service'

[AndyOrch]

Ok Pru

 

Did the Claimant re plead and disclosed by xxth May ?

 

Andy

[Prudence]

Thank you, no they did not re-plead. A few days ago, he received:

 

 

• RBS Summary stating 'Balance from previous statement' with a sum for 'Purchases outstanding balance' and 'Cash outstanding balance'
  
• a copy of his original app form from 2002 (PPI box not ticked) which looked like a one-sheet you folded & mailed in
  
• a separate 5 pages of Terms & Conditions.
  

There is no breakdown, no indication of any charges or PPI (if any) that have been included.

[AndyOrch]

Ok so we stay with the original P.o.C.

 

Are there any PPI charges involved the box is not ticked ?

 

Is it possible to upload a copy of this agreement?

 

No DN documentation or NoA disclosed?

[Prudence]

I will upload the app form they have sent and t&cs. No they didn't disclose a DN or NoA.

Thanks again Andy.

[Prudence]

Here they are, many thanks

 

will have to upload again later as made a mistake!

Edited August 31, 2012 by Prudence
accidentally left in personal detail

[Prudence]

Here are the documents my friend received:

 

 

[Prudence]

Would be grateful for any thoughts on these documents? Many thanks, Pru

[AndyOrch]

I'm not sure what I am looking for Pru which would assist with any defence.I cant see PPI selected.

 

Regards

 

Andy

[Prudence]

Thanks Andy. My friend believes there were a lot of charges added to the amount he owed but does not have his old statements and has not received a breakdown from Arrow. He was not sure about the PPI but assume he didn't have it as it was not requested. But what about the charges and the proper breakdown of the amount demanded?

 

I'm not sure what I am looking for Pru which would assist with any defence.I cant see PPI selected.

 

Regards

 

Andy

[Prudence]

Also the application form is pre 2007 and does not have the terms & conditions on the same page.

[AndyOrch]

Thanks Andy. My friend believes there were a lot of charges added to the amount he owed but does not have his old statements and has not received a breakdown from Arrow. He was not sure about the PPI but assume he didn't have it as it was not requested. But what about the charges and the proper breakdown of the amount demanded?

 

If he refutes the amounts (interest /charges etc) and wishes to query whether the amount contains PPI then he simply states he will contend and stand by his defence until they disclose the statements and can prove the amount claimed.Until disclosure and proof, no admittance, a DJ will not allow a disputed unquantified figure to be judgment.

 

Regards

 

Andy