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Please help with next step re: Bryan Carter/ Arrow Court Proceedings


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Hi all,

B Carter are acting on behalf of Arrow Global, who have for some time alleged I owe them over £350.

 

a few weeks ago BC sent me an offer saying they will knock £50 if I pay immediately.

 

I have now received court papers from Northampton for this alleged debt and bizzarely the court and solicitors fees add up to the original amount.

 

What is going on here?

 

They are also not claiming statutory interest, why not if they think I owe this debt?

 

This allaged debt is from 2006 and yes, it shows on my credit file (until 2007).

 

I dont really know how to proceed.

 

Its all CC charges and interest on charges (CC is not from Arrow either). Really annoyed by whole situation.

 

Anyone any advice or similar experience?

 

:-)

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Thanks so much for replying,

 

POC:

 

The claimants claim is for the balance due under an agreement which is now all due and payable

 

The defendant agreed to pay monthly installments under account numer xxxxxxxx but has failed to do so.

 

and the claimant claims the sum of xxxx

 

The claims also claims interest thereon pursuant to s.69 count court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00

 

The amount claimed is xxxx + court fee (£15) plus solicitors costs. Which amount up to original amount owed before they knocked money off.

 

Looking at on my credit file I originally opened account in 2005 and its marked as defaulted the beginning of 2007. No payments recorded on the account.

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It was CC agreement. About 2/3 is charges. Id be happy to pay the original amount owed although I guess if I counterclaimed then it would be wiped out with stat interest. I dont know how things work really and this is all new to me. Im guessing they are randomly doing this either because its about to drop off my credit file or that I recently got a job (at last).

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send the letter below by recorded delivery to brian carter on monday, i take it the claim is from Northampton CCBC so have you acknowledged online. on the claim form will be a password

 

we will prob end up getting a 28 day extension to file a defencelink3.gif as to CPR 15.5 but please acknowledge the claim on line and send to uncle bryan what i have posted below by recorded delivery first thing monday

 

DO NOT TOUCH THE DEFENCE OR SUBMIT ANY DEFENCE (MOST IMPORTANT) until advised

 

if uncle bryan fails to come up with the documents, we file an application noticelink3.gif to strike out the claim

 

 

PLEASE CONFIRM THE CLAIM IS BELOW £5000

 

Re: (Claimant's name) v (Your name)

 

Case No:

 

CPR 31.14Request

 

On (date) I received the Claim Form in this case issued by you out of the(Name) countycourt.

 

I confirm having returned my acknowledgement of service to the court inwhich I indicate my intention to contest all of your claim.

 

 

Please treat this letter as my request made under CPR31.14 for the disclosure and the production of averified and legible copy of [each of the following / the] document(s)mentioned in your Particulars of Claim:

 

1 The agreement.

 

You will appreciate that in an ordinary case and by reasonof the provisions of CPR PD 16 para 7.3, where aclaim is based upon a written agreement, a copy of the contract or documents constitutingthe agreement should be attached to or served with the particulars of claim andthe original(s) should be available at the hearing. Further, that any generalconditions incorporated in the contract should also be attached.

 

2 The deed of assignment.

 

3 The notice of assignment including proof of service.

 

 

4 The default notice.

 

5 The termination notice. (not mentioned in the POClink3.gif but no harm asking just might not get)

 

 

Although your claim is for a sum which is not more than £5,000.00 and willin all likelihood be allocated to the small claims track for determination uponmy delivering a defence, at this moment in time I have not delivered my defenceand the case has not been allocated to a track. In consequence the provisionsof CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 dutiesby claiming otherwise

 

You should ensure compliance with your CPR 31duties and ensure that the document(s) I have requested are copied to andreceived by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable andproportionate search for the originals of the documents I have requested, thebetter for you to be able to verify the document's authenticity and to provideme with a legible copy. Further, where I have requested a copy of a document,the original of which is now in the possession of another person, you will havea right to possession of that document if you have mentioned it in your case.You must take immediate steps to recover and preserve it for the purpose ofthis case.

 

Where I have mentioned a document and there is in your possession more thanone version of that same document owing to a modification, obliteration orother marking or feature, each version will be a separate document and you mustprovide a copy of each version of it to me. Your obligations extend to making areasonable and proportionate search for any version(s) to include an obligationto recover and preserve such version(s) which are now in the possession of athird party.

 

In accordance with CPR 31.15© I undertake tobe responsible for your reasonable copying costs incurred in complying withthis CPR 31.14request.

 

If you require more time in which to comply with this request you must tellme in writing. You must tell me before the time for compliance with thisrequest has expired. In telling me you require more time you must tell me whatsteps you have taken and propose to take in order to comply with this requestand also state a date by when you will comply with this request. In additionyour statement must be accompanied with a statement that you agree to anextension of the time for me to file my defence. Your extension of time must benot less than 14 days from the date when you say you will have complied with myrequest and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you willnever be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail torequest more time or fail to agree to an extension of time for the filing of mydefence, I will make an application to the court for an order that theproceedings be struck out or stayed for non-compliance and a summary costsorder.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully (print name)

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Thanks, this is great, Ill up date you as I go along. I did file acknowledgement yesterday. Will the court tell me when i need to do each step?

 

Oh and my name has changed, what kind of issues will this entail? (do you know)?

Edited by OHW
added question.
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Thanks, this is great, Ill up date you as I go along. I did file acknowledgement yesterday. Will the court tell me when i need to do each step?

 

 

AFRAID NOT

 

we have to abide by strict time tables now

 

if uncle bryan has not contacted you by 6 august by letter we go for a strike out, but knowing him, he will agree to a 28 day extension

 

let me know when you get a reply or if not, update your thread on 6 august

 

keep your original name for now

 

uncle bryan normally withdraws the claim if any sort of defence is submitted

 

he likes the easy life "judgement by default"

 

he is hoping you will just ignore the claim

 

no chance of that happening

Edited by squaddie
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Just thought I would update as I think I know why he has knocked off money and then added it on (and charged no interest). Its so he can pay less fees! So what hes actually done is reduced it so he can get a discount on the fee, and I guess hoping I will panic and call them up. Well, considering I disagree with the whole process and the amount, and well, everything, I dont really care for these tactics. Its strange they are trying to take me to court for a debt of less than £300 now!

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Hi,

 

Can I just clarify, BC only mention an 'agreement' and none of the other documents, am I able to request the other doucments purely because they relate to the agreement? Will they send me a statement with how they come to this figure I allegedly owe?

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I think I remember that I had to register while acknowledging. Do not lose your log in/ registration details. If you still cannot gain access you will need to call them up.

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