Claimform Arrow/Carter MBNA 'debt' ***F&FS agreed Tomlin Order***

[garry68]

Hi all.

 

I need a little help understanding a letter i have received today from Arrow Global.

 

I will first give brief details of the case.

 

AG/Bryan Carter made a claim for a CCJ against me at Northampton CCBC, i defended the claim as i cannot be 100% sure this was even my debt. Defence received by the Court on 03/09/12.

 

04/10/12 letter received from Bryan Carter stating he is no longer acting for Arrow Global.

 

05/10/12 letter received from Arrow Global as follows, letter is dated 04/10/2012

 

We refer to your defence filed 30th August 2012

 

Please find enclosed the Notice of Change that we have today sent to the court by way of service against you.

Please therefore ensure that all future correspondence is sent directly to us.

 

We have read the details of your defence and respond to the same as follows.

 

With regards to point 2 and 3, we can confirm that the claim form was issued by the NCCBC and the courts protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this court.

 

In response tp point 5, we are unsure why you believe we are not entitled to the monies owed and ask that you clarify this point further.

 

In response to points 6 and 7, we can confirm that this claim relates to an MBNA credit card taken out on the 4th June 1996 and defaulted on the 15th January 2007. The last payment made on 30th December 2006.

 

Further Arrow Global acquired the account on the 15th January 2007 and sent to your pursuant to the law of property act 1925 the notice of assignment on the 31st January 2007.

 

We hope that the above information helps you to identify the account. Should you still wish to defend the claim, and in order to attempt to rectify the issues surrounding the particulars, we ask for your written consent for us to amend the particulars in line with CPR 17.1(2).

 

We look forward to receiving your written consent for the particulars to be amended which we trust will be in both parties interest.

 

 

I have no idea what this means or what my next step should be.

 

I have today 05/10/2012 phoned the court, they told me that they have yet to receive anything from either Arrow Global or Bryan Carter.

 

Can someone please explain to me in layman's terms what Arrow Global's Letter means and what i should do next.

 

Thank you all.

[garry68]

Hi all.

 

I need a little help understanding a letter i have received today from Arrow Global.

 

I will first give brief details of the case.

 

AG/Bryan Carter made a claim for a CCJ against me at Northampton CCBC, i defended the claim as i cannot be 100% sure this was even my debt. Defence received by the Court on 03/09/12.

 

04/10/12 letter received from Bryan Carter stating he is no longer acting for Arrow Global.

 

05/10/12 letter received from Arrow Global as follows, letter is dated 04/10/2012

 

We refer to your defence filed 30th August 2012

 

Please find enclosed the Notice of Change that we have today sent to the court by way of service against you.

Please therefore ensure that all future correspondence is sent directly to us.

 

We have read the details of your defence and respond to the same as follows.

 

With regards to point 2 and 3, we can confirm that the claim form was issued by the NCCBC and the courts protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this court.

 

In response tp point 5, we are unsure why you believe we are not entitled to the monies owed and ask that you clarify this point further.

 

In response to points 6 and 7, we can confirm that this claim relates to an MBNA credit card taken out on the 4th June 1996 and defaulted on the 15th January 2007. The last payment made on 30th December 2006.

 

Further Arrow Global acquired the account on the 15th January 2007 and sent to your pursuant to the law of property act 1925 the notice of assignment on the 31st January 2007.

 

We hope that the above information helps you to identify the account. Should you still wish to defend the claim, and in order to attempt to rectify the issues surrounding the particulars, we ask for your written consent for us to amend the particulars in line with CPR 17.1(2).

 

We look forward to receiving your written consent for the particulars to be amended which we trust will be in both parties interest.

 

 

I have no idea what this means or what my next step should be.

 

I have today 05/10/2012 phoned the court, they told me that they have yet to receive anything from either Arrow Global or Bryan Carter.

 

Can someone please explain to me in layman's terms what Arrow Global's Letter means and what i should do next.

 

Thank you all.

[ims21]

Thread moved to Legal Issues.

 

What is this alleged debt for?

[garry68]

MBNA Credit Card

[Mike_hawk]

I'm struggling with it tbh, my heart says yes.... agree the amendment, my head says bowlarks and make the application so I can counter for costs.

 

What is the value of the case and what was your defence?

[garry68]

Amount of claim is £1648. i entered a letter of defence along the lines of no proof of them being able to claim the debt i.e no credit agreement, i got the letter from these groups.

 

I do not understand the current letter from AG.

 

Do i still maintain a defence?

What is meant by agreeing to the amendment?

Are they still pursuing this through the court?

 

Please someone help me.

[Mike_hawk]

Hi all.

 

I need a little help understanding a letter i have received today from Arrow Global.

 

I will first give brief details of the case.

 

AG/Bryan Carter made a claim for a CCJ against me at Northampton CCBC, i defended the claim as i cannot be 100% sure this was even my debt. Defence received by the Court on 03/09/12.

 

04/10/12 letter received from Bryan Carter stating he is no longer acting for Arrow Global.

 

That's usual when a defence is filed, I believe BC provides the template particulars to file on its MCOL account only. Any defence entered and the Claimant picks up the reigns.

 

05/10/12 letter received from Arrow Global as follows, letter is dated 04/10/2012

 

We refer to your defence filed 30th August 2012

 

Please find enclosed the Notice of Change that we have today sent to the court by way of service against you.

Please therefore ensure that all future correspondence is sent directly to us.

 

See above, they must notify all parties of the change and amended service address..... usual for AG again

 

We have read the details of your defence and respond to the same as follows.

 

With regards to point 2 and 3, we can confirm that the claim form was issued by the NCCBC and the courts protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this court.

 

In response tp point 5, we are unsure why you believe we are not entitled to the monies owed and ask that you clarify this point further.

 

In response to points 6 and 7, we can confirm that this claim relates to an MBNA credit card taken out on the 4th June 1996 and defaulted on the 15th January 2007. The last payment made on 30th December 2006.

 

Further Arrow Global acquired the account on the 15th January 2007 and sent to your pursuant to the law of property act 1925 the notice of assignment on the 31st January 2007.

 

We hope that the above information helps you to identify the account. Should you still wish to defend the claim, and in order to attempt to rectify the issues surrounding the particulars, we ask for your written consent for us to amend the particulars in line with CPR 17.1(2).

 

We look forward to receiving your written consent for the particulars to be amended which we trust will be in both parties interest.

 

CPR17 can be found here....http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part17

 

What they are saying is... 'We filed our usual shoddy particulars and now this has been brought to our attention we'd like your agreement to amend' . Personally, I'd have no truck with it. The other option for it would be to apply to amend, if it does you can bring the matter of your costs in amending your defence.

 

 

I have no idea what this means or what my next step should be.

 

I have today 05/10/2012 phoned the court, they told me that they have yet to receive anything from either Arrow Global or Bryan Carter.

 

It [AG], is probably waiting on your response to decide if it wants to proceed to allocation

 

Can someone please explain to me in layman's terms what Arrow Global's Letter means and what i should do next.

 

Thank you all.

 

I think if you could type out [verbatim] its full partciulars of claim and your full defence it may assist.

[garry68]

This was my defence letter.

 

In the Northampton county court (CCBC)

Claim number *********

 

 

 

 

 

 

Between

 

************* - Claimant

 

And

 

 

 

************* - Defendant

 

 

Defence

 

 

 

 

 

I, ********** of ************** make this statement as my defence to the claim brought by **************

The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information none has been forth coming and as a result I cannot plead in defence to the claim

The claimant pleads that the claim is brought under a regulated credit agreement regulated by the Consumer Credit Act 1974, yet the claimant claims statutory interest which the claimant should surely know it is not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) in particular section 2 (3) which expressly prohibits such an award.

The defendant contends that point 4 in itself amounts to a clear abuse of the process as the claimant would know the law and is trying to bring a claim for monies which it is not entitled to and knows that this is the case

Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

Further to that above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

Statement of Truth

 

 

I xxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge

 

 

Signed …………………

 

Date

 

send this to the court

 

and then send a copy to the claimants sols along with this letter

 

In the matter of ****** -v- You

 

Claim number ***********

 

Dear Sirs

 

 

 

Please find attached a copy of the defence by way of service. A copy has been served to the court.

 

Despite a request for clarification of matters , you have failed to comply, accordingly I am unable to plead to the case as matters stand

 

Please serve amended particulars of claim and plead your client’s case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement upon which the claimant relies. In addition to this I would ask that copy of the default notice and assignment together with proof of service be served with the amended particulars as they are clearly relevant to your clients case and referred to with in the claim .The matter will be transferred to my home court and the claimant will have to produce the documents, in any event. In those circumstances you should plead in accordance with the CPR rather than the Northampton County Court regime.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

 

Regards

 

 

XXXXXXX

[garry68]

Particulars of claim.

 

The claimant claims £1499.00

being the balance of consideration

outstanding to it under account number xxxxxxx

in respect of services rendered to the defendant.

 

The claimant also claims interest

thereon pursuant to S.69 county court act 1984

limited to one year to the date hereof

at the rate of 8% per annum amounting to £0.00

[garry68]

I should also add that other then a couple of threatening letters from AG and Bryan Carter, i have never received any official documentation to support there claim or a Notice Of Assignment.

[Mike_hawk]

That is a very poor p.o.c, not even a mention of an assignment?

 

There's no requirement for it to serve any documentation but.......... you've made an offer [giving it 7 days to amend by agreement] and it declined the opportunity to fully respond/evidence and plead the case correctly.

 

If it were fast or multi track I'd probably be a little more cautious in response but all things considered I'd be inclined to send it a very short and sweet response.

 

There's no right or wrong to this, they may apply and be granted relief, then again they may discontinue rather than exhaust more resources in the case.

 

You could try the following, really depends on whether you believe you have a valid defence if they make an application in the future:

 

 

Dear.........

 

I refer to your correspondence of xxx date

 

Whilst I appreciate the claimants particulars were very poorly plead, it declined the opportunity afforded at xxx date to amend and evidence cause.

 

I am not minded to agree it's current request to amend particulars and trust you will understand that should it now proceed with an application I will seek all costs in the case incurred as a result.

 

Regards

 

xxxxxx

[garry68]

who do i send that letter to AG or the court?

[Mike_hawk]

AG... You're replying to it's request

[garry68]

Ok, thanks. I will draft the letter and send it to AG.

[Mike_hawk]

It will possibly make application, if it does you'll need to jump in with a request for a costs order in your favour - PD17 applies http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part17

[garry68]

I have today received an Allocation Questionnaire and i am at a total loss as to what to do next. Can someone please supply me with some much needed help.

[garry68]

Arrow Global/Bryan Carter have recently made a claim against me in the NCCBC for an old cc debt. I defended the claim using templates from this site.

 

This was my letter of defence.

 

In the Northampton county court (CCBC)

Claim number *********

 

Between

 

************* - Claimant

 

And

 

************* - Defendant

 

Defence

 

 

I, ********** of ************** make this statement as my defence to the claim brought by **************

The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information none has been forth coming and as a result I cannot plead in defence to the claim

The claimant pleads that the claim is brought under a regulated credit agreement regulated by the Consumer Credit Act 1974, yet the claimant claims statutory interest which the claimant should surely know it is not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) in particular section 2 (3) which expressly prohibits such an award.

The defendant contends that point 4 in itself amounts to a clear abuse of the process as the claimant would know the law and is trying to bring a claim for monies which it is not entitled to and knows that this is the case

Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

Further to that above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

Statement of Truth

 

I xxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge

 

 

Signed …………………

 

Date

 

This letter was also sent to the court as well as AG/BC

 

In the matter of ****** -v- You

 

Claim number ***********

 

Dear Sirs

 

 

 

Please find attached a copy of the defence by way of service. A copy has been served to the court.

 

Despite a request for clarification of matters , you have failed to comply, accordingly I am unable to plead to the case as matters stand

 

Please serve amended particulars of claim and plead your client’s case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement upon which the claimant relies. In addition to this I would ask that copy of the default notice and assignment together with proof of service be served with the amended particulars as they are clearly relevant to your clients case and referred to with in the claim .The matter will be transferred to my home court and the claimant will have to produce the documents, in any event. In those circumstances you should plead in accordance with the CPR rather than the Northampton County Court regime.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

 

Regards

 

 

XXXXXXX

 

I then received a letter back from Bryan Carter saying they are no longer acting for Arrow Global.

 

Next i received this letter from Arrow Global

 

We refer to your defence filed 30th August 2012

 

Please find enclosed the Notice of Change that we have today sent to the court by way of service against you.

Please therefore ensure that all future correspondence is sent directly to us.

 

We have read the details of your defence and respond to the same as follows.

 

With regards to point 2 and 3, we can confirm that the claim form was issued by the NCCBC and the courts protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this court.

 

In response tp point 5, we are unsure why you believe we are not entitled to the monies owed and ask that you clarify this point further.

 

In response to points 6 and 7, we can confirm that this claim relates to an MBNA credit card taken out on the 4th June 1996 and defaulted on the 15th January 2007. The last payment made on 30th December 2006.

 

Further Arrow Global acquired the account on the 15th January 2007 and sent to your pursuant to the law of property act 1925 the notice of assignment on the 31st January 2007.

 

We hope that the above information helps you to identify the account. Should you still wish to defend the claim, and in order to attempt to rectify the issues surrounding the particulars, we ask for your written consent for us to amend the particulars in line with CPR 17.1(2).

 

We look forward to receiving your written consent for the particulars to be amended which we trust will be in both parties interest.

 

Today 24/10/12 i have received an allocation questionnaire from the court.

 

I am now totally lost, i have no idea how to proceed with this.

 

For reference i have listed as follows the entry on my credit report with regard to this debt.

 

Lender: Arrow Global Limited.

Account Type: Credit card / Store card

Started: 04/06/1996

Current Balance: £1,698

Default Date: 29/12/2006

Default Balance: £1,778

 

 

Here are the

 

Particulars of claim.

 

The claimant claims £1499.00

being the balance of consideration

outstanding to it under account number xxxxxxx

in respect of services rendered to the defendant.

 

The claimant also claims interest

thereon pursuant to S.69 county court act 1984

limited to one year to the date hereof

at the rate of 8% per annum amounting to £0.00

 

 

Arrow Global are listed on my dredit report as the lender although i have never entered into an agreement with them.

Arrow Global have never supplied me with any evidence that they can legally claim on this debt.

Arrow Global have never supplied my with a Notice Of Assignment, although they claim they have.

 

As i am only just getting myself back on my feet financially, i could really do without this going to court and resulting in a CCJ against me.

 

HELP.

[42man]

Is it an N149 or an N150 ? you might find these links helpful

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?131499

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?159341

[garry68]

It is an N149

[AndyOrch]

N149 aq

 

A

Tick 'Yes'

 

B

Tick 'No'

 

C

Tick 'Yes'

 

D

Answer 'One' (that'll be you)

 

E

Tick 'No' and ignore the remainder of section E

 

F

If you are going to be unable to attend a hearing at any time between say 1 October and 31 January, tick 'Yes' and identify those dates in the box adjacent to 'Yourself', otherwise tick 'No'

 

G

Say 'The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet, in particular the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest.

 

Unless the Claimant have by (date) filed and served upon the Defendant fully particularised Particulars of Claim comprising but not limited to particulars of the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest,I will make application for the claim to be struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

2 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and there shall be a stay of proceedings until (date) to enable the parties to settle using the small claims mediation service'

 

H

Tick 'No'

 

I

Sign, date and fill in your address at which you want documents to be served.

 

Regards

 

Andy

[Mike_hawk]

Garry

 

Sorry, not much time to get on here lately...... assuming N149, post #102 on this thread may be useful to you http://www.consumeractiongroup.co.uk/forum/showthread.php?364090-DCA-letters-chasing-a-debt-I-do-not-know-anything-about.-Payday-UK-claim-form-received&p=4027139#post4027139

 

If you get stuck, shout..... I should be able to take a look over the weekend. Plenty of time to file aq yet if you've only just received it.

[AndyOrch]

Threads merged, Garry please stick to one thread.

 

Andy

[garry68]

My apologies for that Andy.

[garry68]

Thank you for all the advice. I will prepare my AQ over the weekend and post it to the court. Should i send a copy to Arrow Global or just to the court.

 

At this stage is this claim certain to reach court?

[AndyOrch]

Its considered civil to exchange AQs (hence the question on the form asking if you have)

Well they are proceeding the AQ signifies that but a long way yet to trial...see what the process unravels along the way.

 

Andy