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    • Might be worth talking to local Council Housing again about options, if your Mother is unable to occupy the house for a period due to essential repairs being required.  But find out from landlord first whether they can confirm in writing if alternative housing is available while the house is undergoing works.  The landlord might not have any other properties available or is unable to offer any alternative housing options due to covid-19.    The landlord can increase the rent but there are rules regarding this.  See https://england.shelter.org.uk/housing_advice/private_renting/rent_increases   Guidance about homes being fit for habitation.   https://www.gov.uk/government/publications/homes-fitness-for-human-habitation-act-2018/guide-for-tenants-homes-fitness-for-human-habitation-act-2018   Housing is quite a complex area and you might want to contact Shelter the housing charity, if the local Council Housing cannot assist first.     The work to the house is likely to take months and if  it is started in the next few months, given Covid-19 restrictions (social distancing), your Mother might find herself not able to occupy it over the Winter including the Christmas period.   I suspect many contractors such as electricians have a backlog of work due to the lockdown and when the lockdown is lifted, they will prioritise the work they have already agreed to.  The landlord may therefore struggle to arrange the works, unless they have friends who work for them regularly.     
    • Thank you. You haven't told us the value of the car. Also, who did you actually bite from – meaning which company or trading name did you pay the money to – what name appears on the receipt. Also, how did you pay? This has been going on for over two years and I am rather surprised that you've allowed it to go on so long. You probably will have to issue a claim – that it's probably only worth doing if you know that you can enforce the judgement. Have you checked the trust registry for other judgements against this company? https://www.trustonline.org.uk/ unfortunately it costs money to access the database – but I'll bet you that there are a stack of judgements against the company – and it would be interesting to know how many of them are ever enforced. Have you looked on Google and have you looked on trust pilot to see what is being said there? As far as I can see if, the TMO doesn't have any particular powers which means that if they find in your favour and the trader doesn't comply, then you have to bring a full claim and start again. With the financial ombudsman service, there is a fairly direct route to getting a judgement – although of course there is still always the problem of enforcement. I'm quite sure that a court would pay regard to the decision of the TMO and so I'm sure that your chances of success will be much better than 95% – and as I am sure that you have paid more than £600 for this vehicle, you would be able to transfer up to the High Court for enforcement by High Court Enforcement Officers – take a very rigourous approach to enforcement and whose fees are very high – typically £2000 – but to be paid by the defendant if the HCEO execute a successful enforcement. If they are unsuccessful then the cost to you is only about £66.   Will be very happy to help you with your claim and it would be fairly straightforward – but you will have to consider the risk factors which include your claim fee – a hearing fee (unlikely to happen) cost of transfer up to HCEO and the general hassle of doing it all with probably a fairly real chance of being unable to enforce the judgement. I don't know how much the claim fee will be because you haven't told us the value of the vehicle. In exceptional circumstances you can claim litigant in person costs at £19 per hour (I think). These are generally only available in the face of unreasonable behaviour by the defendant – and this may well be an example where the court would apply its discretion in your favour. So if you decide to bring a legal action then you should start trying to work out how much time you have spent on the whole thing – and make sure it is all moderate unjustifiable and not simply a money grab.
    • as long as these fleecers have your correct address then let them willy wave.   dx  
    • It's been a while since I heard from CRS but despite me requesting that they don't use my email address they still opted to send me an email saying they are preparing a file to send to their solicitors to issue a letter of claim because I haven't contacted them.   I sent off a CCA to the debt owners at the end of April but again I am awaiting a response.   No texts yet. Do I sit and wait and see?    
    • chargeback is 120days (total 540 days) - debit cards this is a section 75 under the CCA - credit card there is no limit other than 6yrs limitation.   dx  
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Guest CHEVRA

No responser defence filed in april 2011

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Guest CHEVRA

I filed a defence to a claim issued by Arrow Global in April 2011. Heard nothing until today. Recevied letter from Arrow asking for details of income and expenditure. I never acknowledged debt but send £1 in August 2008 for information which they used to reduce my balance. The court claim is for £10210 but todays letter says £9920. Any help please

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Who did you send the initial defence to?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Guest CHEVRA

Arrow Global issued claim dated 14th April 2011. I sent cpr request within 7 days. TODAY I received requested docs. Surley there is a time scale they have to abide by.

 

They have also asked for details of my income and expenditure

 

What do I do now

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Guest CHEVRA
Who did you send the initial defence to?

 

Sent to court and to claimant

Edited by slick132

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Arrow Global issued claim dated 14th April 2011. I sent cpr request within 7 days. TODAY I received requested docs. Surley there is a time scale they have to abide by.

 

They have also asked for details of my income and expenditure

 

What do I do now

 

Ignore the I&E request.

 

CPR's are only valid if served in conjunction with a 'live' court case, were they served during a 'live' case? i.e. was there a claim number on a Court Document?

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Guest CHEVRA
Ignore the I&E request.

 

CPR's are only valid if served in conjunction with a 'live' court case, were they served during a 'live' case?

 

It was still at Northampton bulk centre

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Can you give more info surrounding the debt please.

 

Also, is there any chance of this being statute barred? Did you get a CCJ? Have you checked your credit files?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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so whats the current status of the court claim? is it stayed?


IMO

:-):rant:

 

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Ok both threads have now been merged.

 

Chevra, can you please let us know the full story on this claim.

 

Do you still have all the paperwork, the claim etc, from 2011 ?

 

I would suggest you telephone the court first thing in the morning and establish the status of the claim?

 

It is my understanding that the Claimant will now have to make an application to the court to proceed. You should be advised of this.

 

I will ask someone to look in on you to see what else you might need to do.


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Guest CHEVRA

The debt refers to a Mint credit card debt. It will not become statute barred until July 2014. The amount is £9600. In 2008 I send a request for information with £1 fee which they credited to my account. I received no response. It was then passed to numerous different debt collections agencies, all of which I ignored. The debt was assigned to Arrow who issued proceedings April 2011 with Drydens solicitors. In my defence sent to sols and court I pointed out that at the time of making my defence statement my cpr request had not been complied with, proof of posting cpr request was attached It was signed for. I went to on to explain that I was therefore unable to complete a full defence due to lack of requested documents. I heard nothing since then until yesterday when I received a letter from Arrow attaching a copy of the original agreement, notice of assignment and a copy of one credit card statement from Dec 2010, together with I & e form.

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Was there a letter enclosed stating this was specifically in response to your CPR31.14 ?

 

As I have already advised - contact the court and establish the status of the claim....until you are advised by the court that the claim is proceeding, you can ignore.


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Guest CHEVRA

their letter starts with: " further to your defence filed at court"

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Check witht he court and find out the status of the debt. I wouldnt put it past arrow to lie through their teeth and say that the CCJ has already been awarded.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Guest CHEVRA

will do in the morning

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The claim should be stayed and the clamant would need to make an application to lift the stay. They could probabbly have this delt with ex parte though as I suspect Northampton will take no notice of the delay.

 

I have a very similar claim issued by Arrow in August 2010, that they have recently threatened to continue. I wrote to them saying the application form they sent me was unenforceable (no terms) and that they have still failed to provide copies of default notice and assignment. I have also e-mailed the court to asking them to refuse any ex parte application to lift the stay unless they provide an explanation for the delay. Not expecting much, but I do think that the court should take a dim view of a claimant who 'parks' a claim for nearly 3 years!

 

Arrow seem to have form here and I believe there is case-law on abuse of process due to either starting a claim without the intention to pursue it, or parking claims while attempting to settle others. I suspect there are many more of these cases and Im wondering of the court service would provide some figures, for example, of the number of Arrow Global claims currently stayed for over 6 months? CPR5.4 might apply.

 

If we could prove that Arrow are serial 'offenders' then this may help to get such claims struck out.

 

Otherwise, I guess each case stands on its own merits i.e. have they provided an enforceable agreement etc

Edited by littlebert8
remove mention of FOI as Court records are exempt

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Guest CHEVRA

no they havnt but the enforceable agreement route doesn't work anymore

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no they havnt but the enforceable agreement route doesn't work anymore

 

What do you mean by "enforceable agreement route doesn't work any more"?

 

What other grounds for defending the claim were you hoping to find with the CPR 31.14 request - default, assignment?

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Guest CHEVRA
What do you mean by "enforceable agreement route doesn't work any more"?

 

What other grounds for defending the claim were you hoping to find with the CPR 31.14 request - default, assignment?

 

I lost a case last year. Judge rules in mbna favour. With this one they havr sent a small photo copy of an agreement which is so small I cant read it. Also attached are terms and conditions on a4 paper and different font.

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Guest CHEVRA

Since I put my defence in 2.5 years ago I thought there was some ruling about unenforceable agreements. Can cases still be won going down this route

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sevtion 61 & 127 of the CCA act cases prior to 2007, but it is a judge lottery as a lot of us find out, certain judge s are wrong but cannot afford to appeal.


:mad2::-x:jaw::sad:

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Agree that its a judge lottery, but an awful lot depends on how well you present and argue your case.

 

A lot has changed over the past few years but I believe that HFO v Wegmuller is one of the most recent reported successes at trial.

 

It is probably fair to say that its difficult to win at trial, especially if you are not represented, but the case law still shows a prospect of success - should be enough to avoid summary judgement at least. LiPs can still be successful in getting settlements or discontinuances if you can present a strong enough defence.

 

Personally, I would try to settle if the case looked like it were going to trial and I couldn't get representation on a CFA.

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Guest CHEVRA

I have phoned the courts, status of claim is "stayed". I am tempted to ignore their letter however it appears to have been personally signed indicating that its not a standard letter.

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The claim will remain stayed until either party applies to have it lifted. Arrow could make this application to be decided 'ex parte' i.e. without notice and without a hearing. The first you would know about is upon receiving the courts directions, but you will have the opportunity to have it set aside.

 

They may also apply to both lift the stay and to obtain summary judgement, this would probably require a hearing (unless your defence was particularly weak) so you would be served with the application notice and given a hearing date.

 

I'm in a similar position to yourself. I don't know whether to wait for Arrow's next move, or to make one myself. I could make an application to strike out the claim as an abuse of process, but this would require a very strong argument and could expose me to signifiant costs if it were unsuccessful.

 

But looking at it from Arrow's point of view, I don't see that they have a particularly strong position either. To apply for summary judgement after such a long delay and still having failed to provide all the documents would be equally risky for them. If you assume that they may have paid less than a penny in the pound for these accounts, it doesn't make any commercial sense to spend much pursuing defended claims - they would get a better return on investing in new receivables rather than litigating the problem cases. Hence their MO seems to be: farm accounts out to a panel of solicitors and get them to issue the claim and collect their fixed fees plus a success bonus if admitted; if defended, they 'park' the claim indefinitely and Arrow eventually bring it back in-house and have at least one crack at bullying you into setting up a payment plan. To me, this is clearly an abuse of the court process, but proving it is another matter.

 

I've yet to find any recent examples of what Arrow tend to do next, so I took the view that I write back to them making it clear that there is still a dispute and that I intend to robustly defend any action they try to take. I also e-mailed the court to try to stop them obtaining an ex parte order to lift the stay. My thought was that ignoring them may lead them to believe they could obtain summary judgement uncontested.

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chevra

how come the balance has reduced? you mention 10.2k then 9.9 then 9.6? anyway, it won't be small claims (unless the new rules apply to lifted cases originally started before the new small claims limit?)

as they have now sent what they believe to be ok, it could be that they may now be looking to lift the stay?

any copy agreement should be legible, and any recon should be accurate. and if before 4/07 they would need to show that it was signed re execution. also, a compliant dn required if applicable.

Edited by Ford

IMO

:-):rant:

 

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