Claimform from 'Blake Lapthorn' /Arrow Global old Mint debt **STAYED**

[Mike_hawk]

Good morning Mr T

 

Too cryptic for me, who be Mr T ?

[MARTIN3030]

Our old friend Mr.Ton.

[danson79]

Who's Mr Ton??

[danson79]

Hi all,

 

Thanks for your continued support. My draft defence is below, many thanks to mikehawk for all of the help.

 

1. I am the Defendant in this case and make the following statement in defence. Except where otherwise mentioned in this defence I make no admission to any averred cause stated in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof.

 

2. The Particulars of Claim fail to disclose an adequate statement of facts relating to or preceding the averred cause of action.

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

 

3. The Claimant has failed to disclose appropriate documentation to support the Particulars of its Claim, not limited to but including;

a) The nature of the agreement it refers to

b) The method it calculated quantum of its claim including those sums averred outstanding.

c) The purported terms of the agreement that it cites in its Particulars of Claim, and which appear to form the

basis upon which these proceedings have been brought.

d) Both the scope and nature of any default

e) The date of averred assignment and notice provided thereto

 

4. Prior the the Claimant filing its claim I had previously corresponded with the averred assignor;

a) At xxth September 2008 a request pursuant to the CCA 1974 was served upon it, RBS denied relief and retained the statutory fee

At xxth September 2008 a request pursuant to the DPA 1998 was served upon it, RBS denied relief and retained the statutory fee

Once the account had moved into dispute, the Information Commissioner’s Office was contacted. They contacted RBS advising them to forward the information as requested, RBS continued to deny relief.

In August 2012 I noted what I believed to be an incorrect default date on my CRA file. I contacted Arrow Global, who placed the default, to raise a complaint and get the default corrected.

On xxth September 2012 another request pursuant to the CCA 1974 was sent to RBS. They returned the letter and the fee, requesting my signature.

 

5. At xxnd August 2012 date those matters at 4 were brought to the attention of the Claimant, its response at xxst August 2012 was to claim the original creditor “cannot trace any record of receiving your request for information pursuant to the Consumer Credit Act 1974 or the Data Protection Act 1998, therefore they have never considered your account in dispute”. The claimant also stated “your account will remain on hold”.

 

6. At xxst August - the same date as the letter quoted above - it revoked, without notice, its statement at 5 and proceeded to file the claim

 

7. At xxth September 2012 a request was served pursuant to CPR 31.14 for disclosure of documentation the Claimant seeks to form its case upon. The Claimant continues to deny relief to same

 

8. Further, by reason of the fact that there remains no document disclosed or evidenced which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the Consumer Credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6.

 

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

[Mike_hawk]

Hi Danson

 

Maybe just tweak 4 a little as below, I've left 4e in but its not really relevant as the account was assigned prior to your latest request [assuming you received notice?]. RBS would not be recognised as the creditor. If you leave it in I suppose it may give them a point to focus on that they can win whilst you work on the rest of the case

 

 

 

4. Prior the the Claimant filing its claim I had previously corresponded with the averred assignor;

a) At xxth September 2008 a request pursuant to s.78 of the Consumer Credit Act 1974 was served upon it, RBS denied relief and retained the statutory fee.

 

b) At xxth September 2008 a subject access request pursuant to the Data Protection Act 1998 was served upon it, RBS again denied relief and retained the statutory fee

 

c) Following notification of the dispute with RBS, the Information Commissioner’s Office was contacted. They in turn intervened, contacting RBS advising them to forward the information as requested, RBS continued to deny relief.

 

d) In August 2012 I noted what I believed to be an incorrect default date on my CRA file. I contacted Arrow Global, who placed the default, to raise a complaint and get the default corrected.

 

e) At xxth September 2012 another request pursuant to the CCA 1974 was sent to RBS. They returned the letter and the fee, requesting my signature , again denying relief

[danson79]

Thanks Mike - just to clarify, if you think the defence would be stronger without 4e, i'll remove it.

 

If you're happy with this i'll get onto moneyclaim and file this evening.

[Mike_hawk]

It's an accurate statement, although it adds nothing to the overall effect except to build a picture of your previous concerns. Leave it in or remove, makes no odds really. It's what you're happy with that matters.

 

Not checked the number of characters in the defence so it may not fit on MCOL response, if it doesn't you may have to file at the e-mail address. There should be instructions with the response pack you received with the claim.

[danson79]

Thanks again for your help mike,

 

t currently stands at 593 words - what's the character limit?

[Mike_hawk]

8050 characters, unless anythings changed. Every letter, space, full stop, number etc counts as a single character.

 

Should fit ok, although I can't remember how to character count in word to check?

 

Have a count up and if it looks a bit tight take a couple of line spacings out.

[danson79]

Ok, on MCOL and it fits. ABout to push the 'red button'...

 

Thank you to everyone for your help so far...

[Mike_hawk]

If you haven't pushed the button just yet you could tweak it a little more, don't worry if its already gone.

 

 

................change this:

 

d) In August 2012 I noted what I believed to be an incorrect default date on my CRA file. I contacted Arrow Global, who placed the default, to raise a complaint and get the default corrected.

To this:

d) In August 2012 I noted what I believed to be incorrect data on my CRA file. I complained to Arrow Global who placed the entry in order for it to correct the damaging data. To date it has denied relief and the data entry persists.

[danson79]

And the defence is in.

 

Might seem like an odd question but what should I be doing next?

[danson79]

Ah! Just missed that. Can I emphasise the point at a later stage?

[Mike_hawk]

And the defence is in.

 

Might seem like an odd question but what should I be doing next?

 

Prepare, start getting all documentation in chronological order and take some time to read as many AG threads on here to get an understanding of how they perform.

 

Other than that, wait to see if they are going to progress the case. You'll know if/when aq's are served.

 

Ah! Just missed that. Can I emphasise the point at a later stage?

 

That's a pity,....... pencil a note against your copy for now if only to jog your memory later. Possibly, it may still be useful if they want to negotiate later.

[danson79]

Thanks Mike,

 

I will do. I'll pick up a binder and start putting my case together.

 

How long until I receive the AQ usually?

[Mike_hawk]

Depends on how far behind the court is with paperwork, should be within the next month

[danson79]

Hi all,

 

Just an update, I've received a letter from the court notifying me that me defence is being served to Blake Lapthorn and they have 28 days to notify the court if they want to proceed. If they don't, the claim is 'stayed'.

 

This seems like a standard notification to me.

[Mike_hawk]

Hi Danson

 

Yep, standard notice. Ball's in it's court now

[danson79]

Quick update,

 

Still nothing. I'm concerned to have not heard anything at all from the solicitors Blale Lapthorn though - no response to the CPR and now no letter following my defence.

 

This seems strange compared to how Bryan Carter react, as they seem to send a lot of correspondence as noted in their various CAG threads.

 

Should I be concerned? Should I check in with the court that nothing has happened without my notification?

[Mike_hawk]

Hi Danson

 

Wouldn't worry, depending how many cases BL have it probably just rotates them to the last available day. Probably still waiting on instruction.

 

You can check with the court if only to settle your nerves, they'll let you know if aq's have gone out or if any apps have been filed.

[danson79]

28 days are up and i've received no further correspndance from the court, arrow or lapthorn.

 

What next? Should i go for a strike out?

[Mike_hawk]

I'd be inclined to leave well alone, you could apply for sj but then you could end up stuffed with costs if they rock up with a compliant agreement.

[danson79]

Am I correct in believing that the 'statute barred' clock stops if the case is stayed?

 

Is there a possibility Arrow/Lapthorn have noticed that their default and agreement situation is dodgy, so they'll just ignore the case?

 

Does this also mean they basically get an infinite amount of time to make a case against me? Seems a bit 'lop sided' in their favour, given the strict deadlines I had to adhere to just to get a defence and avoid a judgement by default.

[AndyOrch]

No the issue of the summons stops the clock.

 

Andy

[Mike_hawk]

Hi Danson

 

Sit back and review in a few months, the longer it's stayed the stronger your position if it attempts anything in the future.