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carter 2Xclaimforms - EGG debts

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Hello,

 

I submitted the defence as follows;

 

The defendant has minimal knowledge of the amount claimed by the

claimant and requires strict proof thereof.

 

The claimant refuses to use the defendants new address, despite a

letter informing them of my new address, I believe this is an

abuse of court process.

 

A CCA request has already been sent on 02/03/2012 - and still

remains unfulfilled by the claimant, thus bringing the account

into dispute.

 

Documents relied on in the claim were not produced with the claim

so a CPR request, which also remains unfulfilled was sent to them

on 02/03/2012, as they should have had this paperwork prior to the

claim NO extension to produce the required paperwork should be

allowed.

 

Since then I received a letter informing me that Carter will no longer be working on the case and it has gone to AG's specialist litigation team.

 

I then received a letter from Arrow saying they are unable to comply with my CCA request due to me not confirming my new address, they also returned my Postal Order, however this was sent to my new address.

 

It looks like I'll be in court as I have had the AQ which needs to be returned by the 21st May.

 

Any advice appreciated.

Edited by G2M

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" I then received a letter from Arrow saying they are unable to comply with my CCA request due to me not confirming my new address, they also returned my Postal Order, however this was sent to my new address." :!:

 

Then they remain in default of your request.

 

Andy


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I sent back my AQ, along with a covering letter after reading this thread;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?131499-Directions-for-N150-or-N149-Allocation-questionnaire

 

today I received from the court a form advising that the judge considers this suitable for mediation, I intend to tick the 'NO' box, statingI do not wish to use mediation.

 

I guess the next step is getting a hearing date from the court, I am still waiting for the docs requested earlier in this thread. I hope I'm going about this in the right way, an help would be appreciated.

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Hi G2M

 

Failure to attempt mediation can have an adverse affect on costs should you be successful.( For either party)

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Hello again,

 

I ticked the 'YES' box to mediation and got a call from the mediator today.

 

I explained to the mediator that the account remains in dispute with them as they still have not sent me a true copy of my agreement under the CCA 1974 and therefore I don't acknowledge any debt to them and the account is unenforceable, the mediator told me that Arrow have the application form that I filled in online back in 2004 and that in their opinion this will suffice to enable the judge to make a judgement in their favour.

 

She also said that they intend to continue to court, and that so a few questions please?

 

Is the judge able to find in their favour in the absence of a true copy of my agreement?

 

Should I just rely on the absence of this as my defence when I'm in front of the judge?

 

Any other thoughts would be appreciated if I have missed any important points that may help me.

 

Many Thanks

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You would be silly just to rely on that one fact, you need to build your case based on the debt being in dispute and a lot of other factors.

 

Has it been established when you last made a payment on this account?

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Thanks for your reply sillygirl.

 

You would be silly just to rely on that one fact, you need to build your case based on the debt being in dispute and a lot of other factors.

 

This is probably where I could use some help :oops:

 

I sent them a CPR 31.14 letter asking them to disclose the docs they relied on in the claim, they did not send me these either.

 

I last made a payment about 2 years ago ish.

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