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

[OHW]

Hi, papers issued on 26th July so I think has to be in 28th Aug?

[citizenB]

Yes, I just looked back and your defence is due in by 28th August. 27th is a Bank Holiday, so you might want to submit on Friday, 24th ?

[OHW]

Eeeek, not long then! I gather an embarrassed defence is a no no. I've received no documents from BCarter or arrow. Annoyed at that.

[citizenB]

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.

 

 

An embarrassed defence is definitely out of the question.

 

I will try and find some to help.

[AndyOrch]

Hi OHW

 

I will be around this evening if you wish to discuss/draft your defence.

 

Regards

 

Andy

[OHW]

Hi, thanks for replying

 

Have been to work today, have day off tomorrow so was going to pop it on then.

 

I have seen templates on here with correct wording etc. He has supplied no documents which is a pain. But generally, why would I pay arrow any money when I've never owed them any? No proof of ownership etc/statements or agreements have been made, no deed of assignments or breakdowns. BC has issued this claim because its about to become SB (arrows name is on CR file, used to be rbs).

 

I'm kinda overwhelmed as I'm out of my depth at this stuff.

[AndyOrch]

No problem I will be around tomorrow also and we can run through it for submission.

 

Regards

 

Andy

[OHW]

Thanks very much

[kerby50]

Hi OHW. Same happened to me less than a month ago. Same people involved & same letter. Filed a defence on line. Got reply back asking me to drop my defence & pay up. Told Carter where to get off & next thing I knew, got a letter back from Carter stating they were no longer on the case. Heard nothing about the claim being withdrawn or otherwise from court or AG. Still time to hear something though. The claim was filed against me on 26th July. Hope this helps.

[OHW]

Hi, OK so I am ready to start this, I would first like to clarify is the embaressed defence saying, I cant defend as he has provided no account details or documents? Before I start going on wrong track.

[citizenB]

If you pop up a draft then we can point out if you are on the wrong track.

[AndyOrch]

A defence should never be based on the none compliance of disclosure that is simply not acceptable as a defence, holding defences can refute and also be as vague as the claimants P.o.C.

[AndyOrch]

Here is an example of a draft I have done for another CAG poster:-

 

 

DEFENCE

 

1. Paragraph 1 is nether admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement. Furthermore any claim for partial monies is averred Contrary to s35 of the county court Act 1984 s35 Division of causes of action.

 

2. Paragraph 2 is noted with regards to termination of the alleged contractual Agreement , the Defendant has no knowledge, therefore the Claimant is placed to strict proof there of.

 

3. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[OHW]

ahh, that makes sense.

 

I have compiled (from previous posts on heres, what I feel to be an accurate holding defence,

 

 

1. The claim as pleaded does not contain sufficient particulars to permit the Defendant to file a properly particularised and pleaded defence. The Defendant has made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow him to properly respond to the claim. The claimant responded to the part 31 request in a letter dated xx/xx/xx stating that a CPR 31.14 is not applicable to small claims as its for less than £5k.

 

2. It is Not admitted that the Defendant signed an agreement with XXXX . If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. The Defendant does not have in his possession any such agreement and is not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

 

3. It is averred that if any agreement existed that the aforesaid agreement was a regulated agreement within the terms of the Consumer Credit Act 1974 (The Act). It is not admitted that any such Agreement is enforceable within the terms of the Act. The Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its' inception.

4. The Defendant has no knowledge of the service of a default notice. The claimant is put to strict proof as to the content and service of any such alleged default notice.

 

5. Further and in the alternative it is not admitted that the sums claimed are lawfully owing. The Claimant is put to strict proof as to how the sums claimed have been calculated and as to how it is asserted that the sums claimed are contractually owing.

 

6. Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed or at all.

 

7. In view of the foregoing it is denied that the Defendant is indebted to the Claimant as alleged or at all.

[OHW]

Oh I never seen this before I posted mine below, let me have a quick look.

[OHW]

Can I just ask, I am probably being dumb but why is it saying paragraph 1 paragraph 2, is that relating to POC or some other reason.

[AndyOrch]

Yes relating to their Particulars in paragraph order.

[OHW]

Oh thanks so much, yours makes much more sense, I can really see how things like this work for BC as its very hard to do these things properly.

 

Can you delete my last (rubbish) defence in case it confuses people.

[AndyOrch]

Yours is good OHW so why not combine the two with the relative points, dont leave it too late to submit in case there is on-line problems with MCOL.Print off your receipt as proof of submission.

 

Regards

 

Andy

[OHW]

Thanks all and especially andy, your simple defence is exactly what I was after, I have added a bit here and there and have now submitted and have copy.

 

I will keep you informed of updates.

[AndyOrch]

No problem let us know what response you get.

 

Andy

[kerby50]

Hi again OHW. Just do what I did & file a defence on line. Once you have done this wait & see if BC replies to it. The chances are that they will reply then you write to tell them that your defence still stands. Keep putting the ball in their court & see what happens. I have not found out yet if they have withdrawn their claim or not but its nearly a month since they filed it.

[OHW]

Hi Kerby, thanks for that, i have submitted my defence now, so i will just wait and see.

 

Im very much annoyed that companies like this can bully individuals, they aren't doing it for any other reason but harassment in my opinion.

 

Let me know how u get on

[barafear799]

Hi, I join the line of people receiving these court papers from BC/AG - I will attempt to follow the advice on this thread - it is very helpful.As it's now 7 days since the last post, has there been any progress with your case?Thanks

[citizenB]

barafarear, once a defence is submitted - the opposition have 28 days to advse the court that they will proceed. If they dont, then claim is then stayed until either side apply to reinstate it. The Claimant to continue or the defendant to have the claim struck out.