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


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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 :-)

Hi OHW. Just received a letter from Arrow Global informing me that Carter no longer represents them as they are now going to take case on themselves. I don't know how long they have got before the claim lapses. I am thinking of asking court to find out. Will keep you informed.

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The Claim will be stayed if not responded to within 28 days (irrespective of change of Sols) the Claimant simply makes application then to lift the stay when they are ready to proceed.

 

Regards

 

Andy

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OHW,

 

Have you heard anything else yet? I got my Defence in on 23-08-12.

 

As of yet I have not heard anything back. I acknowledge my claim on line but submitted my defence using the Court papers as I had forgotten my Login details for the online one.

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Hiya. For some reason have not been receiving notifications for this thread.

 

I have received no further documents yet, nor do i expect to for a short while longer.

 

Can i ask, do statue barred rules still apply if it this claim is stayed?

 

OHW :-)

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IMHO, if this claim is stayed and you are absolutely positive it is statute barred, then I would be seeking to have their claim struck out. You would need to speak to andyorch about the procedures for doing this.

 

Having entered a SB defence it would be in their interest to discontinue the claim.

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

 

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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Thanks for swift response, it wouldn't be statue barred yet, in a few months. I was wondering if they could.drag this in for ever now they have started proceedings.

I still contest amount anyway but statue barred defence is more simple.

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Thanks for swift response, it wouldn't be statue barred yet, in a few months. I was wondering if they could.drag this in for ever now they have started proceedings.

I still contest amount anyway but statue barred defence is more simple.

 

 

By issuing proceedings the Claimant has stopped the SB clock so even if the Court process drags on past the date the debt would have become SB it won't be.

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Hiya, I have been preparing for the next steps re this claim and have been reviewing info I have. Im trying to make sense on how to proceed. Please can someone answer the following (or make a comment):

 

  1. Is it worth me formally asking Arrow for a CCA and the other docs? or do i rely on the CPR to obtain them now
     
  2. If they cannot provide a CCA does that stop them proceeding further at court (until they find it) and if they dont supply the CCA will the claim be stuck out or stayed?
     
  3. This debt may be from a account with a (possibly) faulty default notice, does that make a difference to anything, and is there any info on how to scrutinise this?

  4. I requested a SAR from OC which it mat be but only received statements and nothing else (they charged me a historic statement fee this was 2007)
     
  5. At one point there was two defaults on my credit file (for about two years) one from arrow and one from the OC (which is why im confused), the OC one then disappeared.
     
  6. The original account is mostly bank charges (I requested these back last year but had no response and kind of forgot to follow up (had a lot going on).
     
  7. The default amount is less than what they are asking (and the amount they have asked for has changed over the years). I have also been offered a discount on this debt before (from different DCA) and also by BC (who just did it to pay less court fees).

 

If anyone can help id really appreciate this, i have tried to find this info myself but im generally finding it difficult.

 

Also if BC dont respond to my defence and its stayed, should i ask for it to be unstayed (temp forgot officail term)

 

OHW :-)

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Hiya, I have been preparing for the next steps re this claim and have been reviewing info I have. Im trying to make sense on how to proceed. Please can someone answer the following (or make a comment):

 

  1. Is it worth me formally asking Arrow for a CCA and the other docs? or do i rely on the CPR to obtain them now,You have left it a little late to request a sec 78 I normally advocate this as soon as a summons is issued but you may try

  2. If they cannot provide a CCA does that stop them proceeding further at court (until they find it) and if they dont supply the CCA will the claim be stuck out or stayed? Only if you bring it to the courts attention and insist on disclosure
     
  3. This debt may be from a account with a (possibly) faulty default notice, does that make a difference to anything, and is there any info on how to scrutinise this? Again disclosure at AQ or WS but dont try to defend on a faulty DN it invariably fails.

  4. I requested a SAR from OC which it mat be but only received statements and nothing else (they charged me a historic statement fee this was 2007) Not the process to request DSAR during litigation use CPR
     
  5. At one point there was two defaults on my credit file (for about two years) one from arrow and one from the OC (which is why im confused), the OC one then disappeared.It happens during Assignment and you should correct this by issuing a note of dispute with the CRA,s
     
  6. The original account is mostly bank charges (I requested these back last year but had no response and kind of forgot to follow up (had a lot going on).Use the site spreadsheet to calculate the figure as of today and try to use this to mitigate the debt balance
     
  7. The default amount is less than what they are asking (and the amount they have asked for has changed over the years). I have also been offered a discount on this debt before (from different DCA) and also by BC (who just did it to pay less court fees).Irrelevant but you can request proof of the figure claimed

 

If anyone can help id really appreciate this, i have tried to find this info myself but im generally finding it difficult.

 

Also if BC dont respond to my defence and its stayed, should i ask for it to be unstayed (temp forgot officail term) You can make application to lift the stay and request Strike Out if stayed for no apparent reason but stalling to use the summons process as a means of debt collecting... modus operandi..

 

OHW :-)

 

Regards

 

Andy

 

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I hav read through this whole thread and also the other one that was about for a while - I am somewhat confused.I am in exactly the same boat - I have copied the "draft letter" to ask BC for the CPR info - and I am about to send that off - I'm fully expecting to get the same reply as others - ie: refer to your own records.If that happens - I'm struggling to see the point of sending it in the first place.Ok - moving onto the defence - I need to be getting around to doing mine - the joint effort earlier on this thread seemed to be very "heavy" in terms of quoting legal terms - will this sort of thing not be looked upon in a favourable light? Would it not be better to write in more "layman" terms?Other than that - as usal on this forum, there is loads of helpful advice - I just need to get myself into gear now to make sure I can file my defence on time.

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The point of the cpr is to establish if.they have documents required (or needed) for case. If they sent u all documents u could say, 'ah, that debt, i forgot about that' (and pay), but in this case they can't prove you owe debt and why pay a random company u don't know money just because they sent u a letter.

 

What would your defence be? Do u know what it is? Is it statute barred? If u have a solid defence then use it, otherwise the civil procedure rules are a must :-)

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Hi, I have received a letter from Bryan staying he is no longer dealing with this case and has handed it back to Arrow. Its nearly 4 weeks since i handed my defence in. Will courts send me a letter if its stayed (or not)??

 

I decided not to do CCA as CPR should reveal info I need.

 

Hope the conclusion is reached before christmas at most :-)

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I hav read through this whole thread and also the other one that was about for a while - I am somewhat confused.I am in exactly the same boat - I have copied the "draft letter" to ask BC for the CPR info - and I am about to send that off - I'm fully expecting to get the same reply as others - ie: refer to your own records.If that happens - I'm struggling to see the point of sending it in the first place.Ok - moving onto the defence - I need to be getting around to doing mine - the joint effort earlier on this thread seemed to be very "heavy" in terms of quoting legal terms - will this sort of thing not be looked upon in a favourable light? Would it not be better to write in more "layman" terms?Other than that - as usal on this forum, there is loads of helpful advice - I just need to get myself into gear now to make sure I can file my defence on time.

 

Failure to adhere to the CPR can and should also be used in your defence.

My advice, send it ASAP. You may well get the same letter that we all got but in doing so you have proof of a very poor response from BC. Stick to your time frames unless BC request an extension in writing and also agree to an extension in writing to you defence.

 

The CPR punts the ball back into their half of the pitch, it is up to them to return it the right way or fumble it.

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FAO OHW.

 

Did you ever receive a reply to your defence?

 

I got one today from BC saying,

"Please note we are no longer instructed in connection with this matter and have returned the account to our client."

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Please send a copy of that letter to the court and check with the court what Bryan is up-to he is rumoured to be a bit near the cuff at times

 

dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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I received same letter as you andymzua, as far as I know it means nothing other than Arrow will be dealing with it themselves.

 

I have receved no response re my defence. I think I am leaving it a couple of weeks before I call the courts to see whats happening.

 

dpick, why do i need to send a copy of the letter to court? and which court? northampton?? :-)

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If friend Bryan has issued proceeding then they should inform the court re change of solicitors etc.

 

dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Hey guys usual stalling tactics from these buffoons, loads of threads with exactly the same Modus Operandi from AG and BC.

 

Keep asking for disclosure, every week you should send them (Arrow Global) a letter headed 'Formal Request For Disclosure' ask them now they have not colplied with your fair requests how they wish to proceed.

 

Send another CPR 18 request in asking specifically what date they applied for the docs from the original creditor, this will be useful later in proceedings ;-)

 

They will have issued a claim without ever sighting any documents to actually prove ownership, enforceability or legality or even checking the amount is true. (my experience anyway)

 

I am having a battle with them at the moment and have encountered no end of dirty tactics.

 

keep your eye on the ball check with the court each week as to progress as they have just asked the court for an extension without notifying me 1 day before the judges deadline despite the judges unless order to strike out for non compliance with disclosure etc.

 

Very very sneaky

I am fighting it all the way :-x

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Hi all

i have received some paperwork from arrow.

A) change of solicitor form

b) my (signed) agreement which i signed for online (don't know how this should be.set out) in 2005 with RBS

c) a reconstituted notice of assignment

 

they have requested statements from OC

 

so, need to figure out where im going next with this. :-)

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HiI've done my A of S, I've sent my CPR letter to BC and got the usual response - I have not yet had a further letter from BC or Arrow with any further details - I have also not yet put in my defence - despite my letter asking for the extra 28 days - should I just go ahead with putting it in now - and see how things go?Thank you so much for all the help on this forumB

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bumping this up again - as my time to complete a defence is running out.I have been trying to word a defence based on those shown in this thread. However, I am not sure that the POCs on my "claim form" are as extensive as those for which defences have been shown.My actual POCS are as follows (abbreviated):The Claimant's Claim is for the balance due under an agreement which is now due and payableThe defendent agreed to pay monthly instalments under account no. 46** ***** **** but has failed to do so.The Claimant claims the sum of £xxxx.xxThe claimant also claims interest thereon pursuant to S69 ........ amounting to 0.00And that's it.So there is no mention of a default notice - so should I be excluding this from my defence??I'm guessing the other sections of the "standard defence" are ok.I would be most grateful for some guidance. I have delayed whilst I have waited for a fuller response to my CPR31 request to BC.Many thanks

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Why are you bumping this thread barafear its not your thread...where is your thread?:???:

 

Andy

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