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Hello,

 

I have a county court claim form (scan of front page attached) filed by Drydensfairfax with Arrow Global Guernsey Limited as the claimant. The claim is for £10,478.26 + costs + fee = £10,768.26. This is for the MBNA credit card which I originally asked for assistance concerning in Feb 2011 (see posthttp://www.consumeractiongroup.co.uk/forum/showthread.php?293514-MBNA-Allied-International-Credit&highlight= - that was with AIG and I never received a response to the SAR request at that time. I wasn't aware that the debt had been transferred to Arrow Global since. I have received some letters from Drydensfairfax but ignored them, probably should have dealt with it then.

 

The claim was issued on the 16th October. I filed an acknowledgment and intention to defend the full claim on the 2nd November. I have today (12th) sent off the CPR31.14 request, also attached - recorded delivery. This was taken from the consumer wiki /index.php/DCA:_Using_CPR_31.14_to_Your_Advantage

 

The question I have, which I'm not quite sure on the answer to despite having read as much as I can on this excellent forum, is what should I do about the 28-day deadline to file a defence which falls due on the 18th. Well, for a start the 18th is a Sunday, so will the deadline be on the Friday 16th or Monday 19th? Shall I file a defence like the one put together by "southernjessy" on /forum/showthread.php?366533-Bryan-Carter-Arrow-Global-County-Court-Claim&p=3993765&viewfull=1#post3993765 ? Is there anything I should do or need to know about?

 

I did NOT take out PPI on this card, I know that for a fact. There were quite a lot of charges applied, however, but I don't know the full value - I can possible find out if I still have old statements. Is that worth doing?

 

Very much appreciate and replies, advice and pointers. And once again, thanks to everyone involved in this forum - it's been invaluable to me at various points over the past few years!

 

Stewart

 

Original thread http://www.consumeractiongroup.co.uk/forum/showthread.php?293514-MBNA-Allied-International-Credit&highlight=

Edited by Andyorch
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I have unapproved your attachments personal information still showing (Claim number/account number/username on summons).

 

Please remove and repost.

 

Regards

 

Andy

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Many thanks for your repost Stewart.

 

Ok in the absence of disclosure/compliance with your CPR 31.14 you could have also requested an extension within the CPR request (CPR15.5).Otherwise a defence must be submitted on time to avoid a judgment by default.

 

 

:-

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15

 

 

Regards

 

Andy

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Hi Andy,

 

Thanks for the feedback.

 

I'd already posted the CPR 13.14. Shall I write another letter and send it tomorrow - "in line with my previous correspondance..."? Do you know of a template to use for this?

 

Stewart

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A phone call would suffice to the Solicitor, as long as you request written conformation, which you would then forward to Northampton.

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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Thanks Andy,

 

I'm just waiting for confirmation of delivery from the post office which should be today. Once that happens, I'll call DF and ask them for a 28-day extension to allow them to comply with the CPR request. What happens if they refuse it - do I tell the court and ask their advice?

 

Stewart

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They cant really refuse its part of the process and CPR...but if they do its another nail in the coffin.

 

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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Hello,

 

Wanted to share this update for the records.

 

I posted the CPR31.14 request to DF on the 12th using recorded delivery, which was confirmed as signed for on the 15th. Today I phoned and spoke with DF and they agreed to hold the case for 7-days until they are able to confirm receipt of the request as they have just moved offices and are in disarray. They have told me that they will write to me confirming receipt and hold the case until they are able to provide me the documentation and when they are able to to do so, will give me 14-days to respond and file a defence if I want to. All good so far.

 

I phoned the court to check what I need to do to ensure that this happens. I have been told by the court that unless I file a defence by 4pm on Monday 19th should DF apply for judgement, they would be awarded it. I asked about CPR15.5 where it says "Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing" and was told I could do that but that it wouldn't stop a judgement without a defence!! WTF?

 

Complicating matters further, the court are about 1 week behind in their paperwork, so even if I do write to them today then they won't process it until after the 7-days have expired.

 

I plan to write to the court as per 15.1 and post it recorded delivery. I think it's probably a good idea also to write to DF confirming our conversation and the 7-day hold and then extended hold until they can fulfil the 13.14 and post that recorded as well. Does that make sense? Any advice very much welcomed.

 

Stewart

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Just make sure you file an embarrased defence by tomorrow otherwise they will have judgement against you

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Hello,

 

I have received the attached letter from DF stating that they "...will not take further action whilst we await these documents." (the CPR31.14 request). Do I still need to file an embarrased defence with the court in this case?

 

Stewart

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I would still file a defence.

 

Under CPR 15.5, the extension has to be agreed for a specific timeframe up to 28 days. This looks vague.

 

Have a read of the early pages of my mbna/arrow thread where I had to do CPR15.5 requests.

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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Thanks for the advice MrHat and creditcardmug. I have just now filed (online) the following defence. More updates as events warrant it. :)

 

---

The Defendant neither denies nor admits to any indebtedness to the

claimant.

 

The Defendant sent the claimant a CPR31.14 request for the

original signed Agreement, Default Notice and Notice of Assignment

relied upon in the Particulars of the Claim.

 

The claimant received the CPR31.14 request on the 15th November by

recorded delivery and has confirmed receipt of the same in writing

on 16th November stating that 'We confirm receipt of your request

for documents and have now submitted a request for these documents

to our client. The matter has now been placed on hold and we will

not take further action whilst we await these documents. Upon

receipt of these documents, we will forward them to you and allow

you 14 days to consider them and respond.'

As of the 19th November, the claimant has not supplied the

requested documents, which were requested in the CPR31.14,

including the Notice of Assignment, which would prove the

Claimant's right to bring this action.

 

The conduct of the claimant is denying the Defendant the right to

submit a full defence and as the action stands at the present

time, the Defendant is somewhat confused and unsure as to exactly

what the claimant's claim is for, the Defendant is unable to file

a full defence as a direct result of the claimants negative

Pre-Action Conduct.

 

The Defendant respectfully requests that the Court stay (Suspend)

the proceedings under Practice Direction 4.6 (1) until the

claimant complies with the defendants CPR31.14 request. The

defendant respectfully requests that the court impose a time scale

of seven (7) days upon the claimant to comply with the defendant's

rightful entitlement to inspect the documents that the claimant's

claim is to rely on, and that should the claimant fail to comply

with the court's order, then the defendant respectfully requests

that upon notification by the defendant to the court of the

claimant's further failure to comply with the Practice Direction

sanctions imposed by the court, that the court makes the motion to

strike out the claimant's claim on the grounds that the claimant

is unable to substantiate the claim.

 

The Defendant also makes a respectful request to the court for the

court's consideration, to permit the defendant to submit an

amended defence if the claimant supplies the requested documents

mentioned.

---

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Hi there - I have exactly the same issue - with a defence that needs to be filed today - for an MBNA debt that I don't believe I owe. It's from 2009 when I lived at a previous address, and I know it was settled. I haven't written to Dryden's Fairfax requesting anything as The Blue Hand has (personal family issues taking up my time, although I did acknowledge service to buy me time). Do you think I can send the letter to DF today, and enter a similar defence and hope that I get the chance to defend? Or should I just defend, deny I owe the money and request that the court ask DF to provide the documents?

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