Jump to content


  • Tweets

  • Posts

    • Djokovic is back in the news - the BBC has cast doubts on the date of his covid test prior to arriving in Australia. They've done some clever research with serial numbers and QR codes but the Serbian public health authority isn't giving information.   And Nadal is a step closer to his 21st Grand Slam title, which would make him the first male player to reach that. He won't be able to compete in the French Open under France's current rules which require all sportspeople to be vaxxed.   Novak Djokovic: Doubts over timing of Covid test WWW.BBC.COM The BBC has uncovered fresh evidence questioning the timing of Novak Djokovic’s positive Covid test used to enter Australia.  
    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  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.
  • Recommended Topics

  • Our picks

  • Recommended Topics

Arrow Global Claim Reinstated After Strike Out - Statute Barred Question?


madi's mum
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3238 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Just a quick question, currently being pursued through the courts for a debt by Arrow Global, the case was struck out by the judge in May 2012 due to Arrow Global’s failure to comply with court orders.

 

In December 2012, over 6 months later, Arrow applied to have the case reinstated as they pleaded an administration error had led to them missing the court’s deadline. The District Judge duly obliged and reinstated the case.

 

Since the case was struck out, the requisite 6 years has passed since I last made a payment and I have not acknowledged the debt to them.

 

Can anyone clarify whether the reinstated case is treated as a continuation of the struck out case and therefore has been brought within the 6 years or is it treated as a new one, and if this is the case can I use the Statute Barred legislation to stop the proceedings?

 

Any pointers with this would be much appreciated.

 

Cheers

Madi's Mum

Link to post
Share on other sites

Hi madis mum

 

It would depend on how they requested relief from sanctions CPR 3.9....was you served a copy of their application notice? Is it detailed within the order as to why the Judge has allowed the reinstatement ...CPR?

 

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Andyorch

 

Thanks for the response.

 

Their application notice to have the case re-instated included under 3. What order are you asking the court to make and why:

 

"The Claimant seeks an order for the claim to be reinstted, pursuant to the overriding objective, CPR r3.1 (2) (m) and CPR 3.9.

 

Due to an administrative oversight by the Claimant the deadline stipulated by the court to comply with directions was overlooked."

 

The Order from the Judge was as follows:

 

"IT IS ORDERED THAT

 

1. The claim shall be reinstated.

2. The Claimants shall by 4.00pm on XX XXX 2013 file and serve an amended Particulars of Claim full pleaded and particularised.

3. Permission to the Defendant to file and serve an amended defence by 4pm on XX XXXX 2013.

4. Both parties shall file and serve completed Allocation Questionnaires by 4pm on XX XXX 2013.

5. Costs of today reserved."

 

Cheers

 

Madi's Mum

Link to post
Share on other sites

I personally dont think that " overlooked " is an acceptable reason or evident for such an application.

 

If you look at 3.9

 

3.9

(1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order the court will consider all the circumstances including –

(a) the interests of the administration of justice;

(b) whether the application for relief has been made promptly;

© whether the failure to comply was intentional;

(d) whether there is a good explanation for the failure;

(e) the extent to which the party in default has complied with other rules, practice directions, court orders and any relevant preaction protocol(GL);

(f) whether the failure to comply was caused by the party or his legal representative;

(g) whether the trial date or the likely trial date can still be met if relief is granted;

(h) the effect which the failure to comply had on each party; and

(i) the effect which the granting of relief would have on each party.

(2) An application for relief must be supported by evidence.:wink:

 

Does the order allow for objection...7 days to set a side vary or stay?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Okay then so back to your initial point...as the DJ has seen fit to allow Council to overlook the Court Process even though its their chosen profession then the claim was never struck out and therefore the clock stopped when the initial claim was submitted.

Therefore no its not statute barred but I would be hitting them for costs up to the strike out if they wish to proceed.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks for taking a look - appreciate your help as always.

I have to submit the AQ by Wednesday so I will keep this in mind when doing so - I have already submitted an amended defence but I think I may be on shaky groung and it may be prudent to try to settle this with Arrow prior to a court hearing.

 

Kind regards

Madi's Mum

Link to post
Share on other sites

DId you claim/awarded costs on the strike out?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

No, I was just relieved to have it struck out, didn't want to push it as the DJ had been quite open throughout the procedings that he would not allow me to win on a technicality - the main thrust of my defence being a failure on the Claimant's part to supply a true copy of the executed agreement, default notice, notice of assignement etc.

Link to post
Share on other sites

Then that must be your continued approach.....as an aside what directions did they fail to comply with in round1? Also what is the time frame from Strike out to application?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi sorry I'm at work at the moment so am away from my files - I know the claim was struck out in April 2012 and I received the application for reinstatement at the end of December 2012. I will post up the other details tonight when I have access to them.

Link to post
Share on other sites

Hi sorry I'm at work at the moment so am away from my files - I know the claim was struck out in April 2012 and I received the application for reinstatement at the end of December 2012. I will post up the other details tonight when I have access to them.

 

 

 

I personally dont think that " overlooked " is an acceptable reason or evident for such an application.

 

If you look at 3.9

 

3.9

(1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order the court will consider all the circumstances including –

(a) the interests of the administration of justice;

(b) whether the application for relief has been made promptly; 9 months:!:

© whether the failure to comply was intentional;

(d) whether there is a good explanation for the failure;

(e) the extent to which the party in default has complied with other rules, practice directions, court orders and any relevant preaction protocol(GL);

(f) whether the failure to comply was caused by the party or his legal representative;

(g) whether the trial date or the likely trial date can still be met if relief is granted;

(h) the effect which the failure to comply had on each party; and

(i) the effect which the granting of relief would have on each party.

(2) An application for relief must be supported by evidence.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I totally agree Andy, unfortunately was unable to attend the application hearing in person so I submitted my objections tothe reinstatement in writing, I did use the legislation you are quoting, I highlighted the excessive time between strike out and their application, I also drew attention to 2 other instances of non compliance on their part and also as you have stated that this is their business and that they are the 'professionals' it just seems that this particular judge is determined to let them have their day in court!

Link to post
Share on other sites

Ok let them have it but you can raise all we have discussed further in the proceedings.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...