Claim form received: Wilkin Chapman for Arrow

[maplins]

The missus has received a claim form from Northampton CCBC for an old Capital One debt. The debt is a couple of months from being statute barred but is full of charges she hasn't yet claimed.

 

She immediately sent the CPR 31.14 letter for the CCA, default notice and NOA. WC's reply states it'll take up to six weeks to get the documents and they'll agree to an extension of 14 days after they send the documents to file the defence.

 

Will WC tell the court that there's an extension? I thought it could only be extended for 28 days. Is this just a sneaky way to get a judgement? Surely they should have the documents in their possession to issue the claim in the first place.

 

Any advice would be gratefully received.

[AndyOrch]

Hi maplins

 

CPR 15 .5 will only allow a maximum of 28 days..it can be anything below such as 14...its your responsibility to inform Northampton of the agreed extension...attach their conformation to your letter.

 

Regards

 

Andy

[citizenB]

You should head your letter to the court

 

NOTIFICATION OF EXTENSION OF FILING DATE – CPR15.5

 

When I sent my extension of filing date letter they interpreted that it was my defence !!

[citizenB]

 

Will WC tell the court that there's an extension? I thought it could only be extended for 28 days. Is this just a sneaky way to get a judgement? Surely they should have the documents in their possession to issue the claim in the first place.

 

I agree, whilst they are exempt from attaching paperwork to the claim for those issued via MCOL - I think they should be forced to confirm on their claim that they have sent all relevant paperwork by mail to the defendant... before the claim will be accepted.

[maplins]

Hi Andy, thanks for your reply. So will the court accept that they will send us this paperwork within 6 weeks and then have 14 days to file the defence? Or do we have 14 days after the original 28 days?

[maplins]

Thanks citizenB, that's good advice.

[AndyOrch]

You will have 28 +14 but dont bank on receiving anything from the claimant.

[maplins]

So we're going to have to CCA and SAR the OC then? I realise this should have been done before now.

[AndyOrch]

SAR to the OC...CCA to the claimant (assignee)

[maplins]

Ah, of course. *facepalm*

[maplins]

So we CCAed Arrow (the claimant) and SARed Cap One (the OC).

 

No reply from Cap One yet but it's early days.

 

Arrow replied with the following:

 

"We do not accept that we are the creditor as evisaged by the above statute [CCA]. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course.

 

"We confirm that all collection activity will be suspended pending provision of the documents."

 

Attached was our postal order for £1.

 

How can Arrow start legal action if they do not accept that they are the creditor? And is court action classed as "collection activity"? Their 12+2 days will be up tomorrow. What would this mean for their claim?

Edited February 21, 2014 by maplins
Typo

[AndyOrch]

"We do not accept that we are the creditor as envisaged by the above statute [CCA]. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course."

 

Well in that case they are not lawfully allowed to issue a claim in their name...it should be the creditor.

 

That will be a useful point in your defence.

 

Andy

[maplins]

So should I write back and say that they should withdraw their claim as, according to them, they aren't lawfully allowed to issue it in the first place?

[AndyOrch]

No...its futile....just wind them up in your defence ...we will get to the part where you made a request for the agreement to which the claimant responded by stating........let them dig their own hole.

 

Andy

[maplins]

Thanks Andy. So am I right in thinking that if they're claiming not to be the creditor, then they can't pursue the claim and if it turns out they are the creditor then the court can't enforce it because they haven't complied with the CCA request?

[AndyOrch]

They are the creditor...they wouldn't have issued the claim otherwise...they are simply using the above as a reason to avoid their legal responsibilities to your request...which you will highlight in your defence.