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spinmaster83

HELP !!! regarding arrow global / brian carter and northampton county court

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I received a letter out of the blue from NCC 26/09/12 this year re arrow global guernsey limited with bryan carter solicitors acting on their behalf with the particulars of claim being

 

" the claimants claim is for the balance due under an agreement which is now all due and payable"

" The defendant agreed to pay monthly instalments under account number xxxxxx

but has failed to do so"

and the claimant claims the sum of ??

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

 

I sent a defence to northampton using a template either off here or another site cant recall correctly and cant find the letter i sent (aaaarrrggghhh) saying i didnt recognise the debt to arrow at all and that if the debt had been bought by arrow i did not agree to any purchase. I also stated that at no time have I entered into any agreement with arrow either in writing or verbally to pay any so called debt and that if arrow has purchased the debt then i believe the original debt has been settled.

 

I then received a letter off bryan carter dated 29/10/12 saying that the where no longer instructed in connection with this matter

 

I then received a letter off arrow with a notice of change of solicitors and was now being dealt with by their litigation team

also it says

We notice from your defence dated 28/09 that i state that i have no knowledge of the outstanding balance and that they confirm this matter relates to a CapOne CC opened 10/07 and that copy documentation regarding said account has been requested from the originating creditor and will be forwarded to you on reciept. The account was assigned to AGGL on or around 11/02/11

and notice of assignment was served on myself at this time.

 

i do not have any letters from arrow from this date

 

i have checked my credit file with equifax today it says ive had a Credit Card from Arrow Global Ltd (I) / XXX

Start Date 19/10/2007 Date Updated 15/03/2011

Date Last Delinquent Date Satisfied

Default Date 10/10/2009

My credit file does not have any record of original lender just arrow and that record is linked to a old address from 3 years ago

 

I hope all this make sense to anyone because im confusing myself

I have now received a notice of defence from northampton along with a allocation questionaire

 

This is where i could do with a helping hand because i havent got a clue how to fill this in

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Good work so far.

 

You lost your defence... :shock: An embarassed call to the Court tomorrow for a copy is required and you will need to post it up here.

 

Also - what documents have you requested and were they via CPR 31.14, CCA request?

 

This information will be needed so that the experts can best advise (I am not one).

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I havent requested any documents via CPR 31.14, CCA request or anything i didnt realise i needed to they have told me that they are sending copy documentation

 

I have got till 24/11/12 to send off my Allocation questionaire thats all i know bit thick really arent i

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Err - no. You are not thick. You have done very well so far actually.

 

You are possibly careless though - you really need a copy of your defence back from the court and get it posted up here so that the experts can give you the best advice.

 

I am not an expert (like I said) so apologies that I cannot help on the allocation questionnaire.

 

I will ask the site team to move this thread to the legal forum for you, where the experts are more likely to pick it up.

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Hello there.

 

I'm moving this thread to the legal forum for more advice and will leave you a short term redirect from here.

 

Thank you Bandit. :)

 

My best, HB


Illegitimi non carborundum

 

 

 

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hhhhheeeeellllppppppp i am in serious need to fill in the allocation questionaire not sure how to fill in

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his is my defence used in claim made by Arrow Global

 

I wish to defend a claim against Arrow Global Guernsey Limited.

 

I have no knowledge of the claim they have issued against me. I have no contract or agreement with Arrow Global Guernsey Limited in anyway shape or form. I believe that Arrow Global Guernsey Limited are a third party who have no evidence that I owe any debt and have simply purchased a debt from another party without my consent or knowledge. Should this be the case then the original debt has been has been satisfied and without any agreement, whether verbal or in writing, or without a signed contract by both myself and Arrow Global Guernsey Limited stating that I agree to reimburse Arrow Global Guernsey Limited for the claim made against me.

 

I request Arrow Global Guernsey Limited be able to provide me with full evidence of their claim against me.

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. Their said failure to provide verification of their claim constitutes an agreement to the following terms: that they are a third party interloper; they have no legal standing; no first-hand knowledge of this matter; their claim is fraudulent; any damages I suffer they will be held culpable; they agree to pay all fee schedules; that any negative remarks made to a credit reference agency will be removed and that they will no longer pursue.

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hhhhheeeeellllppppppp i am in serious need to fill in the allocation questionaire not sure how to fill in

When does the AQ have to be in by?

 

And well done for getting a copy of your defence. Although not conventional, it seems to have spurred them to look for some documentation at least.

 

I will ask for some help on your aq. However, it is the weekend and the legal guys may not be around.

 

In the meantime, have a search on this site using the search box (in the top right area of the forum screen) for "allocation questionnaire". They seem fairly generic to me so you should be able to get help filling yours out from a post on another thread.

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Have a look here. It has the forms and a guide. http://justclaim.co.uk/court-forms/N150-allocation-questionnaire.html

 

Some of the team are away this weekend but will no doubt help out as soon as they're back.

When does the form need to be in by?

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What number is on the bottom of the AQ please.. it should say either N149 or N150 !

 

Is the amount being claimed above or below £5,000. Above and the claim will be fast tracked - below and it will be heard in the small claims court.

 

The original claim is pretty much a bog standard Bryan Carter claim and IMHO could have been responded to with a request that they fully particularise their claim - hoewver you have submitted a defence so they will not be getting a judgment by default.

 

It is standard practice for Bryan Carter to issue the claim - then if a defence is submitted it gets returned to AG's in house litigation team. I dont quite understand why they do this.. but they do.

 

I think it might still be worth your sending a CPR 31.14 request for documents mentioned in the Claim and by CPR 18 for information regarding the Assignment and Default. Also statement of account.


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Thanks CB.

 

SpinMaster - please let us know (roughly) the sum claimed and the number on the form - as above.

 

This is your priority right now.

 

CB is right - you need to submit a request for documentation using a CPR 31.14 request - but the AQ is priority right now.

 

 

 

A CPR 31.14 request is a letter to their solicitor requesting proof of evidence that they mention in the particulars. They say - a balance due under an agreement. You can request this in the CPR 31.14 letter.

 

They did not state that they have the right to claim in the particulars. Under a CPR 18 request (which you will make separately from the CPR 31.14 request) you can write and ask them how they are legally entitled to claim the sums due.

 

It sounds complicated but it is not.

 

Sort your AQ out and we will help with the rest.

 

It is likely that they do not have the documentation required to prove their claim and the CPR stuff is about finding that out...

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