Bryan Carter / Arrow summons **Advice needed**

[zx7m]

Hi all back in sept i had a summons from uncle bryan on behalf of arrow i acknowledged service online then requested cpr 31.14 got the usaual responce bulk court so they dont have to comply but that they will send the papers but not within 7 days as requsted, time went on i put in a defence stating i knew nothing of the so called debt etc (template made to fit from here) as the POC where vague and didnt state who the debt was for and that i had broke an agreement (ive never paid them a penny) the debt is around £450 £530 with court costs.

Now i have had an without predudice letter offering me to pay with monthly instalments and to reply within 7 days or they will apply to strike out my defence at hearing.

i am unsure how to proceed they have still not sent any of the paperwork for the CPR 31.14 request to date and in the beginning week of december the default carter has put on my callcredit file only is due to fall off would this still happen if i took him up on his repayment plan or should i proceed different really dont want a ccj as this is the last bad thing on any of my files.

Any help much appreciated thanks alot.

[Bandit127]

Unusual - BC usually Foxtrot Oscars at the first sign of a defence.

 

I will flag your post to the site team in case they think it will be better off in the legal issues forum.

 

In the meantime, please can you post the particulars of claim up? (Word for word - but with personal details removed and amounts rounded off). The experts will need this to advise. (I am not one).

 

Also, please post a copy of your defence. Their threat of strike out (summary judgment) suggest that you may be able to improve/mitigate it with some advice.

[havinastella]

Moved to legal

[zx7m]

Thanks the POC are..

 

The claimant's claim is for the balance due under an agreement which is now all due and payable.

The defendent agreed to pay monthly instalments un account number aggl**************** but has failed to do so.

And the claimant claims the sum off 450.00.

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

 

My defence....

 

1. I ******** am the defendant in this action and make the

following statement as my defence to the claim made by Arrow

Global Guernsey Limited.

 

2. Paragraph 1 is neither admitted nor denied with regards to the

Defendant entering in to an Agreement referred to in the

Particulars of Claim ('the Agreement') the Claimant has yet to

disclose any Agreement.

 

3. Paragraph 2 is noted with regards to termination of the alleged

contractual Agreement, the Defendant has no knowledge; therefore

the Claimant is placed to strict proof thereof.

 

4. Paragraph 1 & 3 is denied with regards to the Defendant owing

any monies to the Claimant and the Claimant is put to strict proof

to:

 

(a) show how the Defendant has entered into an agreement with the

Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under

statute or equity to issue a claim;

 

5. I asked for disclosure pursuant to CPR 31.14 on **/**/2012 and

the Claimant has not yet fulfilled the request.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the

Claimant prove the allegation that the money is owed.

 

7. On the alternative, if the Claimant is an assignee of a debt,

it is denied that the Claimant has the right to lay a claim due to

contraventions of Section 136 of the Law of Property Act and

Section 82A of the Consumer Credit Act 1974.

 

8. By reason of the facts and matters set out above, it is denied

that the Claimant is entitled to the relief claimed or any relief.

 

Statement of Truth

 

I ******** believe the above statement to be true and factual.

 

The letter since the defence.....

 

Without Prejudice

We have been notified by the court that you have filed a defence to this claim. In an attempt to settle this matter before hearing and in order to avoid either party incurring futher costs, we confirm our client is preparred to accept payment of the full balance by monthly instalments.

Please insert an affordable sum in relation to our financial circumstances in the blank space in the proposed order and return it to us within 7 days. Provided the amount is reasonable we will sign the order and send it to the court to be sealed.

 

Alternatively, if you would prefer to settle this debt now then please contact us on 0845 3133129 for a settlement figure.

 

We look forward to hearing from you and hope we can agree to settle this matter without the need for a court hearing but if we do not hear from you we will apply to court to strike out your defence at hearing which, if successful, may result in futher costs being payable by you.

 

yours sincerly

Uncle Bryan

 

Hope this helps you guys on what i should do next thanks again

Edited November 13, 2012 by zx7m
missed a bit

[Mike_hawk]

Hi zx

 

A few choices, you could settle [assume that'll be a no ], ignore, or send them an estimate of your costs for attending the hearing should they decide its sensible to apply for sj.

 

I think the point to note is that everything you have stated in your defence is up for argument at a hearing, somehow I just can't see a 30 minute disposal slot covering everything without the need for trial. If they can't overcome part 24 they lose the day and expose themselves to your costs.

 

24.2 is your friend, it's a bit of a mountain to climb with no documentation. I note BC forgot to plead any assignment which is not a very solid basis for cause

 

Grounds for summary judgment

 

24.2

 

The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if –

(a) it considers that –

(i) that claimant has no real prospect of succeeding on the claim or issue; or

 

(ii) that defendant has no real prospect of successfully defending the claim or issue; and

 

 

(b) there is no other compelling reason why the case or issue should be disposed of at a trial.

 

(Rule 3.4 makes provision for the court to strike out(GL) a statement of case or part of a statement of case if it appears that it discloses no reasonable grounds for bringing or defending a claim)

[AndyOrch]

Point 7 of your defence (or mine:wink:) is your saving grace...as Mike has stated they have not plead assignment.Call their bluff let them apply for SO but let them know that you will challenge and request costs.

They will struggle to disclose should the matter proceed.Arrow always discontinue at that stage.

 

Regards

 

Andy

[zx7m]

I just want to do what evers best so that i dont end up with a ccj its less than a month to go untill it drops off credit ref 6 years from default.

 

If i did set up a payment plan would the debt then show on my file for another 6 years? or does it still drop off even under a payment plan?

 

I am still unsure which credit card this is for as when i lost my job all them years ago i got into trouble with 3 of them and this is listed on my credit file as arrow global credit card the original lender is no longer on there.

I dont think he has much to go on as i havent had any papers as requested under CPR 31.14 just dont know how to proceed if i just ignore his letter will it go to court then?

[zx7m]

Thanks mike and andy so do i reply to the letter to let them know i will challenge them or wait to here from court? Also are there any templates for the reply?

[Mike_hawk]

If you do decide to respond, don't give them the heads up on the deficiency in their particulars

[AndyOrch]

Don't be pressured into responding to their recent com.. they are calling your bluff.......the claim is stayed..they will have to make application to lift the stay and request SO and their evidence in support.Lifting that stay opens the door for you to respond and request XYZ.

Any application made will be served on you and you will be allowed to respond.

 

 

Regards

 

Andy

[Mike_hawk]

Thanks mike and andy so do i reply to the letter to let them know i will challenge them or wait to here from court? Also are there any templates for the reply?

 

Keep it simple, something along the lines of:

 

Dear chuckle brothers

 

I note the content of your correspondence dated xx/xx/xxxx

 

Any application will be vigorously defended and costs will be sought in the defence and disposal of your spurious and unfounded claim.

 

I look forward to receiving your notice of discontinuance

 

Regards

 

.................

 

Either respond or not, choice is yours..... don't honestly think it will be progressing any time soon, if at all

[zx7m]

Brilliant thanks guys so in the mean time i just do nothing and play the waiting game to see if they follow up there threats? Will the credit marker still drop off in december now then or stay until all this is sorted out?

[Mike_hawk]

Brilliant thanks guys so in the mean time i just do nothing and play the waiting game to see if they follow up there threats? Will the credit marker still drop off in december now then or stay until all this is sorted out?

 

I'd ignore but it really needs to be your choice whether to sit back or confront.

 

Marker should drop off at 6 years but bear in mind the limitation clock stopped when they filed the claim

[zx7m]

Ok brill so to look at from december my files will be clean as that is 6 years but worst case scenario is they take it to court with correct paperwork and i end up with ccj if i lose! Think i will take my chances on not replying and seeing what they come up with. Thanks for the advice will keep it posted if it continues.

[Mike_hawk]

Sounds sensible to me

[zx7m]

Quick update-

I ignored the letter as adviced and this morning i had a letter from Bryan Carter he has droped the case and has returned it to arrow global dont know what this means but can only assume its good news.

[AndyOrch]

It normally means AGs in house Sols will be representing...but still nothing will happen until they make application to lift the stay.

 

Andy

[Bandit127]

Good to see normal serviced has been resumed by BC - he has Foxtrot Oscar'd.

 

Perhaps someone can confirm but there could be bad news on this debt becoming statute barred. As far as I know, issuing proceedings stops the clock. While this claim is stayed the debt will not become SB.

[AndyOrch]

Good to see normal serviced has been resumed by BC - he has Foxtrot Oscar'd.

 

Perhaps someone can confirm but there could be bad news on this debt becoming statute barred. As far as I know, issuing proceedings stops the clock. While this claim is stayed the debt will not become SB.

 

Correct unless its discontinued it could possibly still be argued

 

Andy

[zx7m]

Hi all, had a letter from arrow last week,

 

Debt owed to arrow global

Assigned by rbs (acc 6****************)

 

We refer to the above and defence dated ****2012 the contents of which are noted.

 

We enclose notice of change of solicitor by way of service to you, as the claim is now being dealt with by our specialist in-house litigation team. Please therfore ensure that all future correspondence is sent to us directly at the address below quoting reference number

 

We note that your defence is based on the grounds that you are requesting documentation pursuant to part 31 of the civil procedure rules.

 

We do not consider your request in its entirety to be reasonable.

 

With respect to your request under part 31 of the CPR; we confirm the claim form was issued by the northampton county court bulk centre and the courts protocol was followed when issuing the claiments 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 any event we intend to provide reasonable disclosure, and can confirm that copy documentation has been requested from capital one and will forward upon reciept. (they mention capital one in the letter here a card which ive never had)

in the interim, we can confirm that this claim relates to a natwest credit card taken out under the affinity partner mastercard on ****2003

 

Futher, arrow global acquired the account on **102010 and sent you the notice of assignment pursuant to the law of property act 1925 on the **022011.

(never recieved a copy of this)

 

We hope that this infomation helps you to identify the account and look forward to recieving notice that your defence has been withdrawn. Should you wish to discuss this matter futher or believe that your still have an outstanding query, please contact us at your earliest opportunity in a bid to resolve this matter amicably and save recourse to further legal action and costs.

 

 

 

Then this morning i recieved a letter from the courts with a Allocation questionaire attached.

 

Any more advice you have on what to do next or what to write on form i would be very grateful, Thanks.

[AndyOrch]

" We hope that this information helps you to identify the account and look forward to receiving notice that your defence has been withdrawn. Should you wish to discuss this matter futher or believe that your still have an outstanding query, please contact us at your earliest opportunity in a bid to resolve this matter amicably and save recourse to further legal action and costs."

 

Which AQ have you received zx? N149 or N150.

 

Regards

 

Andy

[zx7m]

Hi Andy, its an N149 form thanks

[AndyOrch]

N149 aq Edit to suit (In particular G)

 

A

Tick 'Yes'

 

B

Tick 'No'

 

C

Tick 'Yes'

 

D

Nil

 

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

 

1.Following numerous requests during 2009/10 for a copy of the agreement by way of a section 78 request. the claimant failed to comply or even respond.On 13th October 2010 I received a letter from MBNA stating the

following. " We refer to your request under s78 of the CCA 1974.Unfortunately we are unable to comply with your request. For so long as this continues, we will not issue court proceedings

against you to recover the amount owed to us."

 

I still have not received any copies or correspondence relating to my section 78 request and therefore the Claimant is and remains in default and is unable to enforce the agreement whilst the default remains.

 

2.Unless the Claimant can provide a signed executed copy of the agreement and a valid Default Notice,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.

 

 

 

H

Tick 'No'

 

I

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

 

Regards

 

Andy

[zx7m]

Thanks Andy, with regards to part G do i just change that to the request i made using the cpr 31.14 as thats all ive requested since i recieved the summons nothing before this, they still havent issued any paperwork for that request.

And does this mean that will be going court or is it still stayed?

Thanks again.

[AndyOrch]

An Alternative for G (Edit To Suit )

 

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. By a letter dated ( ) I asked the Claimant to provide proper particualrs of the claim. A copy of the letter is attached. I have received no answer to my letter.

 

I propose the following directions:

 

1 Unless the Claimant shall 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, the claim shall stand 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 assessmwent 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'