Claim form received, time running out.

[SineadD4]

Hi all,

I have finally managed to post my own thread with the help of others (thank you). So please see below for my dilemma;

 

I have received a claim form from Northampton County Court (issue date 06/02/2012) claiming that I owe to Arrow Global, the POC states;

 

"The claimant claims £188.20 being the balance of consideration outstanding to it under account number xxxxxxxxx in respect of services rendered to the defendant. The claimant also claims interest thereon pursuant to s.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00"

 

Now to be honest I have no idea what this means however earlier letters that I have received from Fredrickson International & Bryan carter Solicitors indicated the Brand/product to be Orange, who I did have a contract with some years ago. I don't remember owing any money on this account but it was quite some time ago and is possible, I can't remember exactly when this contract ended but I do believe that it was before March 2006 which is when I moved house. None of the correspondence that I have received indicates the date of the debt. Having read other people's threads I think that this debt could be statue barred but how can I find out for sure?

 

As I mentioned before the claim issue date was 06/02/2012 and I filed the AOS form on 20/12/2012, I'm not sure exactly how much time I have but I know it's not long left. Any advice would be much appreciated.

 

Thank you.

[AndyOrch]

Well done

 

Andy

[citizenB]

Ok.. so you know your time line if the claim issue date ws 06.02.2012 the following will be the times you need to watch.

 

 

06.02.2012 + 5 for service = 11.02.2012 + 14 to acknowledge = 25.02.2012 + 14 to submit defence = 10.03.2012

 

Well done.

 

 

 

 

[citizenB]

As usual, Bryan Carter hasnt provided you with too much information and it is doubtful whether he will under CPR rules.

 

Do you have anywhere in your records a note of the last time any monies were paid to this account ?

 

You might be able to find out from your credit files..

 

[AndyOrch]

Are we right now CB ?

 

Andy

[citizenB]

If you believe this account to be statute barred then the defence is pretty simple.

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, orrelief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

Regards

Andy

[citizenB]

Are we right now CB ?

 

Andy

 

Erm.. did I do summat wrong

[AndyOrch]

Erm.. did I do summat wrong

 

No just wondered how many threads running on this one, you do something wrong CB never!!!!!

[SineadD4]

In answer to your question CitizenB I have rummaged through old paperwork to see if I could find any correspondence from Orange in relation to an outstanding bill but have found nothing (I have moved house twice!)

 

How do I access my credit file?

 

Andy - I'm not 100% sure of the date so I don't know that it is statute barred.

 

[AndyOrch]

Try one of the Credit reference Agencies (Experian etc) sign up for a free month then cancel your subscription.

 

Andy

[citizenB]

No just wondered how many threads running on this one, you do something wrong CB never!!!!!

 

 

Sorry, Andy.. yes.. I saw the post on another thread, Sinaid had pm'd me saying there were problems starting a thread.. so I thought I would be helpful.. only to discover OP had managed to sort it out herself !

 

 

Hopefully there is only one thread running now

 

Andy, would you please just clarify for me.. before allocation the claim is trackless.. therefore CPR does apply !, doesnt it ?

 

How can this man and the likes of Wescloths be able to get away with not providing even the minimum of informatin in order for someone to defend ?

[AndyOrch]

CPR exists on all claims the level it can be applied depends on the value.Makes no odds whether its tracked or trackless the parties have a duty to assist the Court in the overriding objectives CPR PT1 to narrow the differences.It is correct that they don't have to disclose until either AQ or Standard disclosure and the use of CPR 31 is very much hit and miss and at the discretion of the Claimant.

 

Regards

Andy

[SineadD4]

Sorry for the confusion!

 

Andy just applying for that credit check now, will get back to you.

 

Thank you.

[SineadD4]

I have to wait up to 5 days to get a pin so that I can access my credit file. Is there anything else I can be doing in meantime?

[AndyOrch]

I have to wait up to 5 days to get a pin so that I can access my credit file. Is there anything else I can be doing in meantime?

 

Not really just keep an eye on the dates and submit that defence above nearer to the time.Its really for them to prove its not SB their claim their responsibility to prove otherwise

CPR requests would be pointless because of the nature of the claim.Do you ever recall seeing a Default Notice for this debt?

Out of interest of the £188.20 claimed what is the Sec 69 interest amount and is that included in the £188.20?

 

Andy

[SineadD4]

Sorry can I just ask what CPR stands for? (I'm a complete beginner!)

 

Don't recall seeing a Default notice.

 

The total amount that they are claiming is £253.20 (Amount claimed £188.20, Court fee £15.00 & solicitor's cost £50.00)

[AndyOrch]

CPR ( The Civil Procedure Rules ) its a civil code that all parties must adhere to during litigation.

 

Ok Thanks Sinead I just wondered if they had included the interest within the summons value.

 

Andy

[citizenB]

CPR exists on all claims the level it can be applied depends on the value.Makes no odds whether its tracked or trackless the parties have a duty to assist the Court in the overriding objectives CPR PT1 to narrow the differences.It is correct that they don't have to disclose until either AQ or Standard disclosure and the use of CPR 31 is very much hit and miss and at the discretion of the Claimant.

 

Regards

Andy

 

 

Rightio, thanks for that Andy, I think perhaps I shall draft something along those lines for future needs.

 

Sinaid, amazing... the Credit Reference Agencies (CRSs) can whisk your personal information round the world of DCAs faster than you can blink an eye.. and YOU have to wait 5 days for a pin to access your own bliddy data !

[SineadD4]

Hi Andy and CitizenB,

 

I was able to access my credit file today and there was no record of Orange on it! I did have a store card about 10 years ago and that wasn't on it either. Does the information get wiped after a certain amount of time? Where does that leave me now in terms of responding to the claim form?

 

Thanks.

[AndyOrch]

Submit the SB defence.

 

Andy

[SineadD4]

Ok will do, thanks for your help

[SineadD4]

Hi Guys,

 

I received a letter from the court yesterday which read;

 

"I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will them inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

 

Before receiving this letter I had an answer phone message from BC but decided to delete it.

 

Where should I go from here?

[citizenB]

Hi Sinead, no, there is nothing you need do now.

 

What did the BC message say.. or was it just for you to contact them ?

 

IMHO, I would want all contact with BC to be in writing now that this claim has been issued.

 

Lets see what his next move is.. and it is down to him now

 

It is likely he will want to withdraw and without too much cost to himself so it is likely he will write suggesting that you both call it quits and each bear their own costs. Whatever happens, please let us know and we can advise further.

[SineadD4]

Hi citizenB,

 

The message was just for me to call them back.

 

Ok so I will do nothing and play the waiting game.

 

I will let you know what happens next.

 

Thanks for your help

[citizenB]