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


OHW
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Andymzua, they are exactly the same at present but they will change, no doubt, when we get responses (or not) to out letters, and each of us will take a different course of action based on the documents we receive. Plus if there are different threads people who help you can see exactly where you are up to etc.

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Hi all, how nice, i have also received the

 

'It was the original creditors policy to issue agreements on or around the date of the contract, the claimant also believes a notice of assignment was sent to you in or around the time of the assignment and therefore in this regard we ask you to refer to your own records'

 

Response, do i wait another week to see if they turn up then file defense or respond to this letter?

 

:-)

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pure bo---cks above

 

have we gone down the route yet of an N244 application for strike out with an unless order

 

how are your finances

 

do you have £80 spare which you will get back or are you on benefits

 

has uncle bryan agreed yet to a 28 day extension as to CPR 15.5

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My finances are recovering at minute (just started a job), i do get tax credits. Ill look into those things touch suggested, but like i said, this whole thing seems ridiculous for such a low amount

 

He hasnt agreed to any extensions or anything? Just that daft letter.

 

So u would recommend the n244, what is a cheaper alternative or what is the next step for him/me?

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Hi, Sorry for late reply, I sent the request by recorded delivery and have received a response (as above), there is no confirmation as yet.

 

I am prepared to go for a strike out but I dont want to do anything hasty, or thats a waste of time (can he overturn these strike outs).

 

Do i wait a short while and then enter defence or just go for strike out?

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Hi all,

 

I have to admit I am a complete noob to court stuff, and I have already received some very helpful advice in my thread here: http://www.consumeractiongroup.co.uk/forum/showthread.php?359664-Bizaare-behaviour-from-B-Carter-re-alleged-debt.-Court-Papers.&p=3940698#post3940698

 

I have read some things on the forum but due to dyslexia am finding it hard to absorb. I have already requested the cp 31.14 and received a blah response from BC. 'will request from OC and refe to your own documents'.

 

I have been advised to do n244 however I really have not got £80 spare (?to lose), I have read about 31.15 is that relevant to me? or do i just go for N244? Can I do it within timescales or do I have to put a defence in as well if the the deadline is looming?

 

I have been receiving help but I dont think hes been round a while, and I have been unable to do this until today (work!).

 

Really appreciate any advice.

 

OHW

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Hi OHW.

 

What date is your defence due? Forget the N244 application to strike out.. a waste of £80 and vary rarely effective.

 

Regards

 

Andy

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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.

 

These are the Particulars of Claim from the original thread.

 

If this had been me, I would have asked him to replead his case ! He hasnt given any information at all.

 

Has the cheek then to say that you should look at your own records in response to a CPR31.14 ?

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These POC are ridiculous eh? They are the same across the board )everyone has same POC and also same reply to CPR 31.14

 

My claim was issued 26/7 and I filed AOS 30/7 so i have until ?23rd Aug by my own (noobish_ reckoning.

 

:-)

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Issue date 26/7 + 5 for service = 31/7 + 14 to acknowledge + 14 to submit defence = 28/8 by my reckoning ?

 

33 days from date of issue :)

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

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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Thank you! Am I preparing my defence in meantime or do I need to send follow up letter?

 

If he provides no documents, do I defend by saying I have no agreement with AG (or statements of account etc). I can totally understand why people get caught out by this as I can assume lot of people get this wrong.

 

I know there is probs numerous threads similar but I do not like taking actions that may not be appropriate! Or create myself unnecessary stress.

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OHW, I have merged both threads, as it is was becoming a PITA keep linking back and forth :)

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

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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Sorry to butt in but I have a similar case on my thread which I am lookikng for help with. http://www.consumeractiongroup.co.uk/forum/showthread.php?362167-Arrow-Global-Brian-Carter-court-proceedings-need-help!

 

I have drafted a CP31.14 letter but now think perhaps I should apply for a replead as suggested in post 42 instead.

 

I need to post letter first thing Monday so if you got a bit of time could someone have a quick look at my thread and hold my hand a little...?

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Hi, do I wait till last minute to submit defence or can I put it in whenever?

Are there any templates for proper wording?

I have received nothing from BC apart from that 'refer to your own records'

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When is your defence due in? It takes at least 24 hours for it to enter the system.. so IMHO it is best to put it in at least 48 hours before hand.. if the date it is due is a weekend date, then perhaps aim for the Thursday / Friday.

 

Others might have differing views.

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

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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