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Hi guys,

 

So after a few weeks of nothing I thought I was home free but then I received a letter from BC stating that they were referring the case back to the claimant. I received a letter from Arrow Global on 05/04/2012 stating the following;

 

"We write further to the above and enclose Notice of Change of Solicitor by way of service on you.

 

This matter is now being dealt with by our specialist litigation team.

 

Please ensure all future correspondence, etc, is addressed correctly.

 

We note from your defence you allege this matter is statute barred as per s.5 Limitation Act 1980. Please note, your account was disconnected for non-payment on 18/05/2006. Accordingly, we do not accept your argument that the matter is statute barred."

 

I find this hard to believe as I had moved from my address at the time in March 2006 did not receive any correspondence after that month. Could someone please advise what is the best action to take next.

 

Thank you.

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I would send them a CPR18 I have drafted one below for you..

 

You need to send this to the solicitor/legal team - send it at the very least by Recorded delivery, but if you can afford it then Special delivery is the way to go.

 

Just because they "disconnected" your account on that date does NOT mean that the first missed payment was at that time. IMHO, you would possibly have missed around 3 payments before they got around to "disconnecting" your account.. Plonkers !

 

 

 

xx

 

 

 

 

 

Your Name

Your Address

 

IN THE XXXXXXXXX county courtlink3.gif

CLAIM NO:

BETWEEN:

XXXXXXXXXX

Claimant

and

XXXXXXXXXXX

Defendant

PART 18 REQUEST FOR FURTHER INFORMATION

To: XXXXXXXXXX (claimant)

 

Please answer the following questions:

1. Upon what date was the last payment made on the account?

2. What was the source, method and amount of the payment?

 

 

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

xx

 

 

HTH

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So they are just trying it then! Plonkers is right!

 

Thanks for the draft, I will get the letter sent out today via special delivery.

 

Thanks again.

 

I would say so.

 

It is going to be interesting to know what they respond to by way of the CPR18 - Especially as it MUST be signed by them with a Statement of Truth :)

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  • 2 weeks later...

Hi CitizenB,

 

I had the CPR18 letter returned yesterday from Royal Mail stating that there is no firm/ address incomplete, I double checked the correspondence address on the last letter that I had received from Arrow Global and I had written it correctly so I have no idea what to do now?

 

I also received an allocation questionnaire from the court which needs to be filled out and returned by 08/05/12, I have no idea what this is for, any ideas?

 

Thank you.

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The AQ is designed to help the judge decide what track to allocate the claim to (small claims, fast or multi) and to allow the judge to give appropriate directions to enable the case to progress smoothly to trial. The intention is that the court can deal with this procedural matter without then needing to convene a hearing so it is less costly and more convenient for all.

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Hi CitizenB,

 

I had the CPR18 letter returned yesterday from Royal Mail stating that there is no firm/ address incomplete, I double checked the correspondence address on the last letter that I had received from Arrow Global and I had written it correctly so I have no idea what to do now?

 

I also received an allocation questionnaire from the court which needs to be filled out and returned by 08/05/12, I have no idea what this is for, any ideas?

 

Thank you.

 

Can you post up the address that is on the letter? There should be 2 addresses.. a correspondence address and a head office / registered office address. Alternatively, you can phone the court and ask them, what address have they been given by the claimant for service of documents ?

 

Can you scan in and post the letter up for us to have a look at.. instructions for doing this are below.

 

 

 

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

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5: Forum rules - These have been updated - Please Read

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Hi CitizenB,

 

The Correspondence address is: Belvedere, 12 Booth Street, Manchester, M2 4AW and the registered office is La Plaiderie House, La Plaiderie, St Peter Port, Guernsey, GY1 1WG.

 

I have attached my original letter.

 

Should I still complete and return the allocation questionnaire to the court?

Letter_to_AG.pdf

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Yes, your AQ should go to the court by the due date - when is that ?

 

Can I suggest on the section where it states "other information" that you advise the court that as you believe that the account is statute barred, you sent a CPR part 18 requesting information.

 

The letter was returned to you, even though you used the details given on their correspondence.

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4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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The due date is 08/05/2012 so I will send today with the other information added.

 

There is a section which i'm not sure about, it says;

 

"Would you like to use the free small claims mediation service provided by HM courts & Tribunals service, to help you settle your claim with the other party?" I'm guessing I should put no but just wanted to double check

 

Will I actually need to go to court or will the court use the information I provided about the claim being statute barred and request evidence from the claimant?

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It reflects better on you if you say Yes - I doubt the other side will want to.. but it might actually provide you with a little more time in order to obtain the information you require.

 

Did you telephone the court to find out where they are sending documents ?

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5: Forum rules - These have been updated - Please Read

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3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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It is likely that you might still need to attend court, however your defence is valid and it is for the other side to provide any evidence that the claim is NOT statute barred. Which they seem extremely reluctant to provide!!

 

If you complete the AQ as advised and assert your belief that in the absence of contrary evidence, you believe the account to be statute barred, in the section provided then you might find the claimant withdraws.

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ok so now I am confused, I just called the court to confirm the correspondence address and they advised that Bryan Carter are the solicitors, I informed them that I had received a letter both from BC and Arrow Global confirming that BC were no longer representing and the claim had been referred back to AG. The court insist that they have not been made aware of these changes!

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Ok so now I am confused, I just called the court to confirm the correspondence address and they advised that Bryan Carter are the solicitors, I informed them that I had received a letter both from BC and Arrow Global confirming that BC were no longer representing and the claim had been referred back to AG. The court insist that they have not been made aware of these changes!

 

 

Hmm, something a bit muddled here ?

 

I think you should back up your telephone conversation with a letter.

 

Mark it for the URGENT attention of the Court Manager

 

Claim references

 

 

 

Simply confirm the conversation you have had with the court - that you have been advised of a solicitor change by Bryan Carter. Letters are being returned from the Solicitor you were advised was the replacement.

 

That according to a conversation with the court - they are unaware of any change of solicitor.

 

You are concerned that this is going to create problems for the management of the case.

 

Enclose copies of the letters you have received from AG and BC

 

HTH

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5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 1 month later...

Hello,

 

Haven't been on for a while as I had heard nothing since the court replied acknowledging my letter to advise of the change of solicitor until yesterday when I received a 'Notice of allocation to the small claims track (Hearing)'. It basically explains that the judge considers my case suitable for mediation and that I am invited to use the the small claims mediation service alternatively if I do not wish to use the mediation service a hearing has been arranged.

 

Help..... I don't know what to do?!

 

F.Y.I I sent another recorded delivery CPR18 letter to AG about 4 or 5 weeks ago and I have not yet had a response, neither have I had the letter returned from Royal Mail.

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So, has the letter been signed for? check on the RM website - if there is no delivery information eg.. "we are still processing your item" then it might be worth telephoning RM and hanging on to speak to a human being.

 

I will send out an S.O.S for andyorch for you - you can telephone the mediation service if you wish and simply explain to them that as far as you are concerned the account is statute barred and the claimant should never have issued a claim. You could mention that one solicitor has been replaced and the new one has not responded to any communication and that they havent even contacted the court about the change of solicitor.

 

If I remember correctly your CPR 18 was returned as well, wasnt it ?

 

I think you need to start collating your little court bundle now :)

 

Type up for your own reference a skeleton argument.. (simply notes to refer to) - this will also help if you do end up taking part in any mediation / court hearing as it will keep you focussed.

 

Then pretty much produce a bullet style list of all that has happened to get you to this point.

 

Account statute barred

Claimant has said that a payment was made on DATE - but have failed to provide evidence of this payment.

In fact they have failed to provide any documents at all.

Your CPR requests have been returned as addressee unknown

You were advised of solicitor change, but court wasnt

Edited by citizenB

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi Sinead

 

I can only endorse what CB stated above, its rather pointless to attempt mediation on a SB date, but as the claim has now been tracked and a Notice of Allocation prepared you will either have to attend mediation or reject and follow the process and timetable laid out in the NoA. Maybe attend mediation and see if they do, if they fail or show no interest this can only go in your favour.

 

Regards

 

Andy

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Ok, thanks guys, I will try the mediation route first.

 

Failing that I guess it's off to court I go! I read that I do not have to attend but should advise the court at least 7 days prior to the hearing, if I decide to do this (hard to get time off work) will I still be able to send in the information that you have told me to collect citizenB or will they only accept the defence I have already submitted?

 

Regards.

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You really, really should attend court, sinead.

 

The information I have suggested you collect together is for your own information - if witness statements are required then you will be advised by the court to submit those at the appropriate time.

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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The DJ has recommended mediation any party that declines will be at risk when costs come into question, as it would appear you are being unreasonable and objective.CPR1.

 

Andy

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I submitted my mediation reply form yesterday and within a couple of hours I got an email back with a telephone appointment for two weeks time.

 

When I returned home yesterday I had received a letter (dated 13/06/12) from AG responding to my second CPR 18 request (sent 11/05/12) it read;

 

"Please be advised, we confirm the following in relation to this matter:

 

-The outstanding balance relates to charges incurred on the mobile number 0**** ******, which was activated on 18/05/2005. The mobile was disconnected from the network and the account closed for non payment 18/05/2006.

-The outstanding balance relates to 4 invoices dated between February and May 2006.

- A Direct Debit was set up in the name of Miss ***** ******. The last payment was received 27/02/2006 for £80.00.

 

We trust this satisfies your enquiry and we look forward to hearing your payment proposals in due course."

 

So what does this mean? does the 6 years go from the date of the last payment?

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Hi all,

 

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;

 

 

.

 

I submitted my mediation reply form yesterday and within a couple of hours I got an email back with a telephone appointment for two weeks time.

 

When I returned home yesterday I had received a letter (dated 13/06/12) from AG responding to my second CPR 18 request (sent 11/05/12) it read;

 

"Please be advised, we confirm the following in relation to this matter:

 

-The outstanding balance relates to charges incurred on the mobile number 0**** ******, which was activated on 18/05/2005. The mobile was disconnected from the network and the account closed for non payment 18/05/2006.

-The outstanding balance relates to 4 invoices dated between February and May 2006.

 

- A Direct Debit was set up in the name of Miss ***** ******. The last payment was received 27/02/2006 for £80.00.

We trust this satisfies your enquiry and we look forward to hearing your payment proposals in due course."

 

So what does this mean? does the 6 years go from the date of the last payment?

 

 

andy, is it?? The claim form was issued on 6th February 2012 - according to AK the last payment was made on 27th February 2006 !!

 

Sinead, do you have any bank statements that show this payment being made ??

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Damm your right CB they got it in within 2 weeks before SB. Dont suppose you are in Scotland Sinead?

 

Andy

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