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DT&FE

How long to submit a defence***Claim Settled***

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Claim date is 07/01/2013, intend to defend, when does it have to be returned and can it be done on line?

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Hello there.

 

Can you tell us what paperwork you've received please?

 

My best, HB


Illegitimi non carborundum

 

 

 

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Honeybee

 

We have received a court cliam form (N1CPC) from Northampton CC the POC states:

 

1. The claimant's (Arrow Global) claim is for the sum of 866 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Vanquis Bank Limited (number ***********) and assigned to the claimant on 23/02/11, notice of which has been provided to the defendant.

 

2. The defnedant has failed to make payment i accordance with the terms ofn the agreement and a default notice has been served pursuant to the CCA.

 

3. The calimant claims the sum of 866.

 

4. C has complied, as far as is necessary, wi the pre-action conduct practise direction number

 

I did ask Vanquis for a copy of the agreement in 2010, they said they didn't have to produce one unless they were going to court! I wanted to check if PPI and what charges had been added, but they just sent back a blank application form. I do intend to defend this.

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The spelling mistake are in the document! That is the only document we have received

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Claim date is 07/01/2013, intend to defend, when does it have to be returned and can it be done on line?

 

 

You have 33 days in total if you intend defending (5 deemed served so 28) 14 to acknowledge service and a further 14 to submit your defence.Yes it can be done on MCOL you have to register firstly to use the Gov gateway before submitting on line.

Password is on the summons.

 

Regards

 

Andy


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Thanks Andy, most recent letter from Shoosmiths says that Arrow will not accept installments from the judgement and will only accept a lump sum payment.

 

It also says that if I contact them they to confirm I will make a lump sum payment there 'potentially' could be a discount on the figure outstanding. The original figure was 500, its nearly 1000 with all the charges and costs added.

 

Do I phone them?

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Nonsense...the Court decides.... should they get a judgment..... what the rate of payment is...not them.


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Andy - I was think of sending this back to Shoosmiths, it this wise?

 

"

Thank you for your most recent letter (dated ** January 2013) in which you confirm receipt of Notice of Issue from Northampton County Court Bulk Centre confirming that your client will be at liberty to request Judgment on ** January 2013.

May I also thank you for highlighting the implications of a County Court Judgment being registered and your inference that your client will be able to influence any judgment made regarding payment. I should also take the opportunity to inform you that I intend to defend this matter robustly.

I take the liberty to draw your attention to the attached letter which has been sent to your client, by registered post, requesting documents which I believe are relevant to this matter. I am sure that you will make every effort to advise your client to provide these documents within the statutory time frame.

Yours faithfully

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Entirely up to you DT...will it achieve anything ? I doubt it...this is a game they play which relies on the LiPs ignorance of procedure.Just make sure you request a further sec 7/78 request to the claimant and a CPR request to the sols acting...then they will know you do know how to play the game.

 

Regards

 

Andy


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Thanks again Andy, i just thought if it does go to Court the Judge may not be happy that they inferred they could influence him/her (and they probably didn't actually mean that, but hey ho) I will send a s.77/78 to Arrow and is it the same CPR to the sols?

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CPR 31.14 for docs referred to in their Particulars.


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We could do with some help from you.

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Andy

 

AOS sent off and CPR requests to claimant and sols, I contested the jurisdiction also, hopefully it will be heard somewhere a bit nearer to me

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You really shouldn't have contested Jurisdiction...but never mind the court will over look it.All claims are automatically transferred to the defendants Local County Court once the Claimant has signified they wish to proceed.

 

Keep an eye on your defence date now and update if you receive a response.

 

Regards

 

Andy


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OOPS!!!! I thought (wrongly) that they would not change courts unless I contested it! Hopefully they'll bug out and I won't have to defend anyway, but if the do I'm ready for it. As an aside I have a letter from 2009 the original lender telling me I couldn't claim PPI back as the account was statute barred, for PPI. Will that also help?

 

I will pst any update as and when I receive it

 

Once more thanks Andy

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What period does the PPI refer to ?

 

Regards

 

Andy


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Last PPI payment was 2001, when we started to struggle first time round, the last loan payment was made in 2007

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The PPI is a separate matter and has no bearing on their claim....their claim is also getting close to SB.Pity you was not in Scotland because its only 5 years and that would probably render this SB.Lets see what response you get to your requests

 

 

Regards

 

Andy


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Andy

 

I was living in Scotland at the time it was taken out, does that make a difference or because I have moved to England does the 6 years now apply?

 

Also could I state that I only found out how much PPI I paid once I had a SAR response, that will be the only time I will able to find out exactly how much I did pay.

Edited by DT&FE

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But where was Vanquis Bank Limited at the time of application and acceptance?

 

Yes your PPI claim runs on the time you discovered it miss sold not from the period it happened.


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Andy sorry for not replying earlier but been away with work. I have no idea where the bank was. Does that make a difference?

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Well yes whether English or Scottish Law applies subject to their location.If they had offices in Scotland and you signed and accepted in Scotland then 5 years applies if not 6 years applies.


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Thanks Andy, if I recall it was all done through the post

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Will be English then and thus 6 Years SB.

 

Regards

 

Andy


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