Arrow Global/Brian Carter court proceedings - need help!***Discontinued***

[phaitun]

Welcome to CAG, the site team will be around to help soon, they are great.

 

to start send the acknowledgement of service back use the online system it helps keep deadlines. print off and save copies of everything. write down your passwords etc.

 

keep a running log - a simple table of events - it helps later.

 

watch the timescales, look through some threads you will learn a lot

 

Its your choice if you contest all of the claim, so you either defend it all or not.

 

Carter is well known here and i have had some attention from a similar claim from him and his friends. seen them off for now at my hearing recently.

 

SAR the original creditor, people advise to use CPR 31.14 and CPR 18 rules to get docs, Carter and co mostly ignore them, stilll send them anyway.

 

they are in breach of your CCA request, so they shouldnt be allowed to enforce the claim anyway, again they will probably blame the other company and say they didnt know about the dispute. Judges may accept this or may not (lottery).

 

Everything in writing, keep envelopes and letters, recorded delivery all your requests.

 

Send Carter another CCA request also.

 

The SAR results from the original creditor will be enlightening, go through them in micro detail, even the computer screen prints they send.

 

Ive found some golden nuggets amongst that lot.

 

someone will be along to help soon enough i am sure

[phaitun]

Hey DCAtarget. It seems your claim and circumstances are similar to mine - i had a DMP also finished around the same time.

 

You can bet Carter will withdraw and it will go back to AG specialist litigation team once defended.

 

At my hearing they didnt even send one of their specialists, just sent the file to a local brief who is familiar to my local Court and the judges etc. Didnt work for them though as i gave him a hard time, had him sweating although the judge helped him out a lot by mentioning to me that the rep was not an employee but merely an agent.

 

I asked some very pertinent but very awkward questions ;-)

 

The devil is always in the detail!

 

SAR the OC, use the CPR rules. the draft you did was ok. remove any references to 'delete if not applicable' or similar.

 

With your CPR 18 i would also ask the exact date upon when the documents that they rely upon and are lawfully required (agreement, default notice, statements and notice of assignment) were requested by the claimant from the Original Creditor.

 

These documents should have been sighted and in possession of the claimant prior to the claim being issued, in any case if it was not for the Bulk Centre the agreement they rely upon should be attached to the POC.

 

Asking for this will definatley help later in your fight.

 

I would bet a £1 on the fact that they have not yet receieved or requested these documents prior to the claim being issued.

 

Good luck, at times you will feel overawed, sometimes you will be scared. the Caggers here are great and will help when you really need it.

 

One bit of advice i can give is look at everything in microdetail. Pay attention to dates on all documents that you have and recieve from now.

 

You will find lots of information to help you as these fools mostly operate on the basis of default judgements and claims being admitted.

 

They will probably send you a part 36 offer 'without prejudice' to settle out of court, they will brush off your requests for docs, at the deadlines of each and everyone if they have not sent you anything or fully complied, send them a further letter 'formally requesting' each and every document that they should have and 'remind' them of their obligations regarding the CCA, CPR and the over riding objectives.

 

In my case i have now asked for documents and full disclosure 11 times, and they have ducked and dived avoiding the issues and requests. The judge was not too pleased with them.

 

I have made some mistakes along the way with my defence of their claim, although having kept the pressure on them has helped considerably. Each case is different.

 

I would also request via an SAR to Moorcroft full details of all their files on you, dont know if they will send you everything but you can bet they would have a record of your CCA request. All the information you can get from each party can help in proving to the Court the debt was unenforcable due to the CCA breach

[phaitun]

Great defence DCATarget