Arrow global court claim. Please help.

[Worriedme123]

After receiving a court claim from B. Carter on behalf of Arrow Global through Northampton BCC I sent a defence and Carter backed off. Today I have received notice of change of soclicitor from AG along with a letter stating that the requests made in my defence were unreasonable and telling me who the original debt was with and when the card was taken out and when the last payment was made. They also state they have requested documentation from the original creditor. What do I do now please. This is the first time I have ever had to deal with anything like this and I am out of my depth.

[Bandit127]

I think you are OK. But a good start will be to post up the particulars of claim (word for word but with identifying details removed and amounts rounded up) and your defence the same way.

 

Ignore their comments on your defence for the moment. It sounds like you have them rattled and on the back foot to me...

 

P.S. I will ask the site team to move your thread to the legal issues forum where the experts hang out. You should get better advice there.

Edited January 11, 2013 by Bandit127

[ims21]

Thread moved to the Legal Forum where the guys will be happy to help as soon as they are available.

[Worriedme123]

Thank you. The particulars are. 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 ************* but has failed to do so.

 

And the claimant claims the sum of £499.00.

 

The claimant also claims interest theron pursuant to S.69 county court Act 1984 limited to one year to the date therof at the rate of 8% per annum amounting to 0.00.

 

For my defence I used this template.

 

1. The defendant has no knowledge of entering into any form of purchase agreement with the claimant and is embarrassed by the lack of detail supplied within the claim. Having no knowledge of any sales/purchase agreement for "goods" supplied and delivered to the defendant by the claimant the defendant is unable to either admit or deny anything which is not expressley denied within this defence.

 

2. The defendant denies ever purchasing goods from the claimant.

 

3. The defendant denies ever receiving goods from the claimant.

 

4. The defendant puts the claimant to strict proof of the following:-

(i) That the defendant purchased goods from the claimant.

(ii) The date(s) of any such alleged purchases.

(iii) The delivery times of these alleged purchases.

(iv) The delivery addresses of these alleged purchases.

(v) Proof of a purchase/sales contract between the defendant and the claimant.

 

5. Prima facie the Claimant knows or ought to know that there is no contract between the Defendant and the Claimant for the supply of goods as pleaded, therefore the Claimants claim is speculative and furthermore amounts to an absolute abuse of the process. Accordingly the Defendant avers the Claim ought to be struck out as an abuse as the Claimant holds no cause of action and therefore the Claimants conduct is unreasonable in bringing a claim without foundation.

 

6. The Defendant seeks the Claimants claim to be dismissed with an order as to costs thrown away in favour of the Defendant.

 

Statement of Truth

I, INSERT NAME HERE, the Defendant believe that the facts stated in this Defence are true.

Signed …………………………………………

[AndyOrch]

If you could provide a little more history Worried.

 

Do you recognise the debt now that the assignee has confirmed what the debt is? How old is the debt and when was the last payment made to the account?

 

Regards

 

Andy

[Worriedme123]

The debt is from about 5 years ago and last payment was apparently made about 4 years ago. I still am not sure of thid debt, I don't remeber having this card they say I owe on.

[AndyOrch]

I would now wait to see if the Claimant wishes to proceed....this will be confirmed by way of the claim being transferred to your local CC and you will receive an AQ. If not the claim will be stayed.

 

Regards

 

Andy

[Worriedme123]

Received and AQ but have no idea how to fill it out. I am still awaiting a reply to my s78 request.

[AndyOrch]

So the claimant is proceeding..hence the AQ. N149... or N150?

 

What date must it be submitted by?

 

Andy

[Worriedme123]

It's a N149 and needs to be in on 1st Feb.