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    • They've actually been behaving themselves for me, recently.  I'm re-signed with them on a variable tariff, meaning not tied in and can leave any time if they get up to their old tricks.  However something I noticed was that when accepting the tariff they actually showed in advance how they expected that annual total to be split into the 12 months.
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Hi

 

I've browsed through this section looking for an answer to this but can't seem to find one !

 

I received a County Court summons from Wilkin Chapman Grange Solicitors in July on behalf of Arrow Global, who had purchased some outstanding credit card debt from Capital 1.

 

I filled in the forms online and denied the debt, I also submitted a CPR 31.14 request to Wilkin Chapman Grange Solicitors, they responded to the request and said they would grant an extension of 8 weeks so they could supply the documents and give me time to answer them.

 

It's now been 11 weeks and I still have not received an answer to the CPR 31.14, I have also contacted the court and they have said that the case has been "stayed".

 

My question is, Is there anything I need to do ?

 

Thanks in advance for any help.

 

Regards

 

Potman

Edited by potman100
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Have you got a written confirmation of the stay from the court? I believe this should have been issued if the case is stayed. If not request one from the court and wait for the responses to your requests for info.mI am no expert, but I am sure someone with more knowledge than me will be along shortly.

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Contact the solicitors asap requiring clarification of the statu s of the claim.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi

 

tedney : No I'ved not received confirmation in writing from the court, I will contact them and request it.

 

BRIGADIER2JCS : Will do, Ill write to them so there is a paper trail.

 

Just wanted to try and stop them reopening the case in the future, from what I have read in the forum, Arrow Global

seemed to try any thing.

 

I was wondering if I could make an application to the court to have the case struck out, but I'm not sure about this.

 

Thanks for your reply's.

 

Regards

 

Potman

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Hi potman,

 

It's a good job you submitted a defence denying the claim otherwise they might have got a judgement by default.

 

They would not have been able to grant an extension of that period, I believe the max would have been an additonal 28 days on top of the original 28 days and written confirmation would have been required by the court from the claimant.

 

The courts don't seem to send any further correspondence nowadays but I think that is simply down to not having the resources.

 

How old is the Capital 1 debt? Did you ever request a copy of the CCA from them?

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Hi Dotty50

 

Yes, think that's what they were trying for as I had ignored all there letters up to the court summons.

 

The last payment I made was about 3 1/2 years ago, no I did not request the CCA, but the CPR 31 was

worded as :

 

"a copy of the contract or documents constituting the agreement"

 

Along with the a default notice request.

 

Regards

 

Potman

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I'm not really sure what the purpose of writing to the solicitors would be potman and I certainly wouldn't believe anything they said anyway!

 

If the court have said it's 'stayed' then maybe try to get their confirmation for your paper trail.

 

Andyorch's (site team legal expert) advise is usually to leave well alone for a little while and then request a strike out a little later, if you wish.

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Hi Dotty50,

 

Yes, I tend to agree with you, the bit I'm unsure about is how to request that the case be struck out.

 

Regards

 

Potman

 

I think you have to make an application to the court, form N244, download from the court web site

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Hi tedney

 

Yes, thought it was that form, not to sure on grounds or the order I'm requesting though, do you think I would make the application

on the grounds they have failed to complete the CPR 31.14 Request in the required time frame, I believe that

the reason it was stayed in the first place was this.

 

And would I be right in thinking that the Order is : Struck Out ?

 

Regards

 

Potman

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Ah Tedney beat me to it, yes that's the form but I've never done one so I can't help but there will be someone on here that will or send Andyorch a pm with the link to your thread and I am sure he will put you in the right direction.

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  • 2 weeks later...

Hi Potman responding to your PM.

 

Have you made application?

 

Regards

 

Andy

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Let me have a quick scan of your thread and see if this is advisable at this stage.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Ok so Summons issued in July claim stayed since August.Its personal choice potman whether to make application to force the matter..its not a case of make application to strike out rather ask the court to force them to disclose and if they don't force the issue with an or else order.

So poke the bear or leave it stayed..there is a fee for the N244 application to consider (this may require an hearing subject to how you make the application and which CPR requested).

 

If you made application and they did disclose and the claim proceeded would you be prepared and does you defence have merit?

 

Regards

 

Andy

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Hi Andyorch,

Wanted to try and stop them restarting the claim in the future, if they did restart the claim, I would probs struggle with my defence, so it might be better to leave it stayed and see what happens !

 

Thanks for your help.

 

Potman

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Lets say the claim has been stayed for longer than 6-8 months and you are prepared to fight the claim further you may consider application to lift the stay and force the claimants hand.Another angle is to invite the Claimant to withdraw on the pretense that you will make application request Summary Judgment in your favor and ask for costs...bit like poker and who blinks first potman...something for you to consider.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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  • 6 months later...

Hi

 

Ok, here's the back ground to the current issue I'm having with Arrow Global.

 

In July last year I received a Summons for an Credit Card Debt from Capital One, the claimant was Arrow Global.

I filled a defence that I did not know who Arrow Global was and I had never had any dealings with the company, and I request that the claimant provides verification of their claim, including a lawful contract; a hand signed invoice in accordance with Bills of Exchange Act (1882) and proof of agency in the defence.

 

Along with this I also submitted a CPR 31.14 Request to their solicitor, who wrote back and said it may take up to 8 weeks to complete the request and agreed to an extension.

 

I heard nothing more from either the solicitor or Arrow Global, in approx November last year I decided to contact the County Court to enquire what the status of the claim was, and they told me that the claim had been stayed as the claimant had not provided the documentation requested as promised.

 

Got home tonight and got a rather large letter from Arrow Global, the letter contained :

 

My Original Contract With Capital One (Signed)

Terms And Conditions

Statements of the account

Notice Of Assignment dated from March 2011.

 

The Notice Of Assignment is just a letter from Arrow Global.

 

They have given me 14 days to respond or they say they will put the items sent in from of the Court.

 

What do I do now ?

 

Thanks In Advance For any help.

 

Regards

 

Potman100

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Where on earth did you get this Bills of Exchanges Act, not FMOTL garbage i hope

 

Assignment of debts are conducted through the Law of Property Act 1925

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Hi Squaddie,

 

To be honest can't remember were that came from, think it was a template I found online, did the trick though !!

 

Regards

 

potman

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You were lucky you did not end up with a CCJ judgement by default if arrow would have pushed it

 

An example, i bet they never told you to apply for a strike out once the claim had been stayed. That is why it has raised its ugly head again

 

Not having a pop at you, why on earth did you not get a free 30 minute consultation with a solicitor the first time round instead of some garbage found on the internet

 

Bills of Exchanges Act is 1882

 

Law of Property Act is 1925

 

Which one do you think holds the statutory authority now in court???

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Hi Squaddie,

 

Yes I take your point, to be honest I did not thinl they would be able to provide the documents, and the thread I read at the time seemed convincing.

 

You live and learn.

 

Regards

 

Potman

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They provided a letter with Notice Of Assignment with the papers I received this morning, but this is the first time that I have seen this letter. They say in the cover letter that they sent it on the 1st March 2011.

 

The only default notice i can remember receiving was from capital one, probably in 2010.

 

Regards

 

Potman

 

They provided a letter with Notice Of Assignment with the papers I received this morning, but this is the first time that I have seen this letter. They say in the cover letter that they sent it on the 1st March 2011.

 

The only default notice i can remember receiving was from capital one, probably in 2010.

 

Regards

 

Potman

 

The Wording on the letter titled : Notice Of Assignment is :

 

Capital One has assigned all of its respective rights, title and interest in respect of the above account (including the right to receive payment of the outstanding balance)

 

hope this helps.

 

Regards

 

Potman

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