CPR 31.14 request - advice please ?

[klea47]

Hi Folks

 

First time here so please be gentle

 

I am assisting my OH who is the respondent in a case brought by Arrow Global Ltd for a debt he didn't know had been assigned to them, originally an MBNA credit card debt.

 

He is in a DMP with StepChange, formerly CCCS and this debt was included in it and according to his StepChange statements, paid off and showing a zero balance. However, this seems not to be the case as his credit report shows a balance £1801 as of January 2013 to Arrow Global Ltd.

 

They say they acquired the debt in August 2010 but no communication (notice of assignment etc) about this was ever received and to all intents OH thought it remained with MBNA and was being paid off.

 

I have helped him with the defence to the claim and filed it online within the prescribed timeframe but we now wish to do an urgent CPR 31.14 request for all the documents listed in the particulars of the claim, none of which have ever been received originally or after doing a CCA 77-79 request on 29th January 2013 which has been ignored. It was sent signed for, recorded delivery.

 

Documents required are notice of assignment, default notice, termination notice and a full statement of account to ascertain what payments have been made and when.

 

OH is also going to take this matter up with StepChange as something has clearly gone wrong with assignment of payments.

 

As we have already submitted a defence but this did not explicitly rely on the fact that legal ownership of the debt has not been proved by way of proof of notice of assignment etc, do we now have to request permission to amend the defence to include this whilst we await the outcome of the CPR 31.14 request ?

 

His defence was he had no knowledge of Arrow owing this debt, he has been paying it via a DMP and has never received any communication that the debt was still owing.

 

Interestingly, Arrow Global were originally using a local but large firm of Solicitors to make their claim, but they are now acting as a litigant in person using their own in house legals. Is this significant do you think ? Why not carry on with the Solicitors appointed if they thought they had a good case ? They have served the appropriate notice N434 though, so that looks in order.

 

Many thanks for your helpful and constructive advice

Edited March 7, 2013 by klea47

[andydd]

Your original defence should just lay out the basics. You can adf extra paperwork later, but it isnt really acceptable to completely change your defence, you could of submitted an embarassed defence. Having said that it is possible tp amend poc's and defence but the other side could claim the extra cost they could incur as a result. Best advice is to read cpr rules, i got myself a big cpr book which has more than paid for itself.

 

Andy

[klea47]

Hi Andy

 

Yes the defence does lay out the basics, having read up on various forums I now understand why a CPR request would have been useful at the time of submitting the defence; didn't know what it was before ! Learning fast ! Will leave as is then, is it necessary to send a copy of the CPR request letter to the court also ? It hasn't been allocated to a track yet.

 

They have ignored the CCA request so far.

 

Cheers

 

K

Edited March 7, 2013 by klea47
typo

[andydd]

CPR can be your friend and they normally have accompanying PD (Practise Directions) which explain the particular process, very handy. I'd send all paperowrk to court and other side, in fact, in my case, the other side started claiming they hadnt recived docs (despite posting them through their door), so the Judge said I should post AND email, so there is proof.

 

Andy

[klea47]

Hi Andy,

 

An update.....phoned the court and they put a stay on the case on 5th March as Arrow Global did not respond to the defence. Northampton were really helpful and said that they would have a hard time convincing a judge to lift it so that's good news.

 

On speaking to StepChange, they advise that they were told by MBNA, the original creditor the account was closed in 2010, so they closed it on the DMP. It seems MBNA didn't tell Arrow Global that there was a playment plan in place.

 

So....in light of the new information, is it worth sending in then CPR request ? Also, OH's credit file has been updated with a further £200 odd quid on top of the orginal default amount.. ..can Arrow do this and should it be disputed ? Its still a different amount to the court fee and solicitors fee charge so no idea what this amount is for.

 

Many thanks for your help

 

K

[klea47]

Bump.....can anyone assist with my queries re; case stayed, worth sending in CPR request, how to dispute incorrect credit file update ? Many thanks

[The Mould]

Hi Andy,

 

An update.....phoned the court and they put a stay on the case on 5th March as Arrow Global did not respond to the defence. Northampton were really helpful and said that they would have a hard time convincing a judge to lift it so that's good news.

 

On speaking to StepChange, they advise that they were told by MBNA, the original creditor the account was closed in 2010, so they closed it on the DMP. It seems MBNA didn't tell Arrow Global that there was a playment plan in place.

 

So....in light of the new information, is it worth sending in then CPR request ? Also, OH's credit file has been updated with a further £200 odd quid on top of the orginal default amount.. ..can Arrow do this and should it be disputed ? Its still a different amount to the court fee and solicitors fee charge so no idea what this amount is for.

 

Many thanks for your help

 

K

 

The issue is with MBNA for failing to inform(misrepresentatioin)new owner/assingnee of extant agreement to repay by way of new agreed lower repayment plan.

 

Kind regards

 

The Mould

[klea47]

Thank you muchly, that's kind of what I thought and once they received the defence they realised they didn't have a case. My other querey is about the newly updated credit file showing an unexplained increase of nearly £300... do we dispute this with the assignee or credit reference agencies as its clearly incorrect.

[The Mould]

Thank you muchly, that's kind of what I thought and once they received the defence they realised they didn't have a case. My other querey is about the newly updated credit file showing an unexplained increase of nearly £300... do we dispute this with the assignee or credit reference agencies as its clearly incorrect.

 

Inform all credit reference agencies that this £300 is in dispute and not legally owed (make an entry yourself on your OH's credit files to show Correction Information), further, dispute this £300 with the new owner and refer him to the agreed repayment plan with MBNA that MBNA clearly omitted to inform him of.

 

Can you please confirm if the agreed repayment plan with original creditor MBNA is still being honoured by your OH.

 

Kind regards

 

The Mould