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    • Thanks for coming back and letting us know. Obviously we totally disagree with their decision.  Their remortgaging could only have gone wrong if they had ended up with a CCJ.  And how do you get a CCJ?  If you lose in court and then defy the court and don't pay.  Even if you lose in court, you don't get a CCJ as long as you pay within the 30 days ordered by the court.  Even had they lost in court the judge would have disallowed the interest and the £70 Unicorn Food Tax that PE made up.  There was no advantage whatsoever for giving in and paying now. But thanks to you for letting us know - a hell of a lot of users don't.
    • Hi everyone.   Before I say anything, TFL finally responded to the email I sent last week:   Thank you for your email, we acknowledge the signed documents you have returned in preparation for your hearing.   We note that this matter is causing you some stress and anxiety, however this is not a reason for TfL to discontinue proceedings. It is not unusual for passengers that have been summonsed to court to experience these symptoms, and we do have some empathy with your concerns.   However, as previously stated, TfL do not accept out of court settlements, and you will have the opportunity at your hearing, to provide your mitigation to the court prior to a decision being reached by them on how they intend to deal with this matter (usually a fine).   I am sorry that this decision is not more favourable.   Yours sincerely   James Vallis     At least he sounds more sympathetic in this email…   Only one week to go until the court hearing and I am so so nervous. I’ve prepared some questions and answers in preparation for what to say to the magistrate. It will help calm me down if I know roughly what to expect. If you could give feedback on it that would be great. If you have anything to add please do let me know.   As far as I know the court hearing will happen in these stages: Introduction and statement of facts Pleading guilty for the journeys I made with my mother’s card Penalty sentencing Appeal (if charged with a criminal record)   Am I guilty? Yes.   Why did I not pay the fare legally? Last year there was a lot going on in my life and I was struggling financially so to relieve some of this I used my mother’s Oyster card. I know it’s not an excuse and it’s still wrong.   Why do I not accept a criminal record? I really don’t want it to affect my chances of finding a job in the future. I will be the one earning money in my family so I am doing my best and studying hard to be able to get a good job. A criminal record would mean that regardless of how hard I’m working I won’t get the job I want after I graduate. This fills me with so much regret, sadness and disappointment in myself. I just want to be a good daughter for my mother because she’s already had to deal with many hardships in her life and I don’t want to make it any harder for her.
    • HI all, This is done now. My daughter and her fella are currently in the process of remortgaging so they just paid it out of panic. Thank you anyway DX
    • MCOL will tell you once they've filed it with the courts so just check there. I'm sure the courts are massive fans of DCBL using official documents to harass and scare people (Not! ) Remember that the courts call the shots now, not the claimant.  
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Lloyds overdraft/Arrow claim form/carter withdrawn . next stage help please


derek1
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Dear All

 

Having received court papers from Northampton from Bryan Carter I sent CPR 31.14 and 18 to Bryan. Today I have received a reply.

 

Part 31

 

To paraphrase - they haved followed the correct protocol and as it will be allocated to the Small claims Track then part 31 does not apply but they will nevertheless will ask for documentation from their client.

 

Part 18

 

They do not find my request reasonable (last payment details, charges, ppi) and that my request is investigitive rather than relating to the case but in the sprit (!) of disclosure the last payment made was on the 7 March 2007 for £18. I should refer to my own records for a default notice and charges.

 

So what now? Do I accept this - I do have a vague memory of this - or do they have to provide proper information? I can not afford to pay £18 a month.

 

I would appreciate your thoughts.

 

Cheers

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I believe they have to prove the debt exists and that you owe it so the onus lies on Carter to provide all such paperwork as is necessary. The fact they gave you such a glib answer suggests they have very little by way of proof.

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Hi there

 

Thanks for the reply.

 

Yes that's what I think - does everyone agree?

 

I will start searching threads for a defence - does anyone know which threads are best?

 

cheers.

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Hi Spamheed

 

Thank you for your interest.

 

The wording is the same, word for word, as many posted on this site - basically failure to stick to the installment agreement yet no interest claimed - hence the CPR 18 asking for last payment details etc. Not sure if I have received proper verification of assignment but this has been passed to all the usual suspects and has ended up with Arrow and Bryan.

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Hi Derek

 

I'll move your thread to the legal issues forum for advice

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

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You dont attach anything to a defence.

 

Regards

 

Andy

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Hi Bianca

 

The purpose of the defence is to plead...admit or deny refute or agree :-

 

(A) particulars of Case or a Defence is a statement of all the material facts on which the party relies but not the evidence by which the facts are to be proved; and

© state specifically any matter that if not stated specifically may take another party by surprise; and

(d) state specifically any relief the party claims; and

(e) if a claim or defence under the CCA is relied on – identify the specific provision under the Act. .

 

Of course you may state that you requested information vis a vis CPR and no response was furnished but proof of that request can be detailed later on in proceedings at the Witness Statement stage referring to various exhibits.

 

Regards

 

Andy

We could do with some help from you.

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  • 1 month later...

So ~

I have read all the relevant threads and followed their advice and sent off the defense to Northampton Court and the letters to Carter and have received as predicted the letter from Carter saying they are no longer acting on Arrow's behalf.

 

Today I received a letter from Arrow in reply to my defense which they say was submitted to the court on the 11th September.

 

They state it was an overdraft, the debt was assigned to them on 30/10/2009 and sent me notice of assignment under the Law of Property Act 1925 on the 23rd Dec 2009.

 

They state that as it was an overdraft there was no agreement so the Consumer Credit Act does not apply.

 

They state they have written to Lloyds Tsb asking for a copy of the account and will supply a copy when they have received it.

 

They have told the court of the change of solicitor - N434 dated 16th October.

 

Their letter ends by them giving me their telephone number to arrange repayment of the debt.

 

Can someone tell me the next step please?

 

Many thanks

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Hi All

 

I have posted re this before.

 

This is for an Lloyds/TSB overdraft.

 

I sent in a defense and wrote to Bryan. Bryan wrote back re no longer their solicitors. Arrow wrote back (see my last post) saying have asked for statements from LLyods/TSB.

 

Now I have received this N149?

 

What does this mean? Will Arrow def be taking me to court even though they have not provided me with the information regarding last payments that I asked for?

 

I also notice that on their last letter they have dropped the amount back to £800 odd not the £900 they filed with the court.

 

I have til 12th Nov to file

 

Many thanks

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Many thanks. I will have to sit and read through the 1st link properly as it is over 22 pages. I have read the other link. Are the rules different that it is for an overdraft as Arrow state there was no credit agreement etc etc.

 

Thanks

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Overdrafts are exempt from the CCA1974 except for Part V Derek.You need to request a copy of the Facility Letters and a copy of the termination/recall (Notice served under Sections 76(1) and 98 (1) of the CCA1974.

 

Regards

 

Andy

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Thank you Andy I will send off a request to Arrow tomorrow - how long do I give Arrow to get hold of the statement from Lloyds? If they do not send me the statement do I file the N124(?) - is that the right form??

 

Thanks

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You state as per your thread title you are at AQ stage ..so any CPR requests are a bit late.The N149 is for Small Claims Track and unlike the N150 Fast Track you shouldn't really draft directions...however you can state within the " Other " section anything to assist the DJ in proceeding the claim..I would state something along the lines my post above and also request statements to validify the amount claimed.

 

You must file your AQ strictly on time.

 

Regards

 

Andy

We could do with some help from you.

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Many thanks - so basically I ask in the other bit for the statements and verification of payments which Bryan/Arrow still haven't sent. Once the court has the AQ does that mean they will then decide if the debt does exist and is valid? Do then they ask how I can pay the debt back?

 

Many thanks

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" Once the court has the aq does that mean they will then decide if the debt does exist and is valid? Do then they ask how I can pay the debt back? "

 

Not quite the AQ is as it states on the tin to Allocate the claim to the appropriate track (given that it is accepted this will be SCT) it assists the DJ in deciding what directions to issue to narrow any differences and what can be used to resolve the matter.

If they fail to ignore the DJ request for disclosure the court can issue sanctions and strike the claim out...but he could also request further info from yourself to verify your defence.

 

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 OTHER

 

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sorry you've been missed

i've moved your thread to the legal forum.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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PLEASE PLEASE PLEASE

 

keep to THIS THREAD ONLY

 

for all issues related to

Lloyds overdraft/Arrow claim form/carter withdrawn . next stage help please

 

7 threads merged

 

you do not need to make a new thread EVERYTIME

something new happens

 

keep to this thread for all questions/advise

 

dx

siteteam.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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