Arrow claimform - Virgin Credit Card 'debt'

[dx100uk]

well we didn't know about this claim till very late

 

 

you've not time to get your CPR/CCA back before you must file sat midnight

 

 

prob the no paperwork/holding defence

 

 

dx

[ruth101]

They will receive the requests tomorrow, not sure what you mean.

[dx100uk]

you came here 21st august

to tell us you got a claim form.

 

 

dated 25th july [update 30th july - dx]

 

 

the cca alone is 14 working days

 

 

you didn't post them till the other day.

 

 

dx

[Bandit127]

The particulars of claim is a statement of "facts". Among those "facts" will be "agreement for", "assigned to", "defaulted on", "sum of"

 

Your defence would normally challenge these assertions with further facts. You will challenge them for the "agreement" they assert exists. If they fail to come up with the agreement you can then state in your defence that there is no agreement. For example.

 

Given sufficient time, it is normal to gather the evidence to validate their claim. Or not... Usually not...

 

You are out of time to gather the required documents (or an acknowledgement that the other side do not have them). There is a defence that you can use in such a case. It is called the "holding defence".

 

It is an inferior defence to a solid rebuttal of their claims but it is all you have.

 

Search this forum for "holding defence". If the judge accepts that you will need to continue to work to validate their claims.

[ruth101]

Many thanks for your advice, I should have dealt with it weeks ago.

[ruth101]

I have been trying to file the defence since Friday evening and it won't allow me to login saying:

 

Your details could not be confirmed, please contact the helpdesk or try again later.

 

It will accept the details to issue a new password, but not login. Helpdesk support is normal office hours.

 

Tried Windows 8, 7 and XP and IE (2 versions and Fierfox).

 

What can I do if they are having server problems?

 

An

[dx100uk]

you can email them in

 

 

might be an idea to post up your defence

 

 

but whatever you do

DONT MISS MIDNIGHT

 

 

dx

[ruth101]

Thanks dx, I found the issue date was 30 July not 29, so have until tomorrow.

 

The emails I have is [email protected] and [email protected]. Do you have a better one?

 

I will continue to try tomorrow, but if I cannot get in, should I send a covering email saying I was unable to log in and attach a Defence and Counterclaim(specified amount) which I can download? and as you suggest post it on the forum before sending.

[ruth101]

Sorry dx isn't the defence due date on Monday 1 September?

 

Issue date: 30/7/14

 

Date of service: (+ 5 days) 4/8/14

 

Acknowledge: (+14 days) 18/8/15

 

Defence: (+14 days) 1/9/15

[theoldrouge]

no issue date is day one, so if dated 30/7/2014

 

your submission date is 31/8/2014 (33 days in total)

 

Do not miss

[dx100uk]

no claimform date is day one of the count

you must file by midnight day 33

 

 

tomorrow sunday.

 

 

those addresses are ok to use.

 

 

you cant 'counterclaim' anything.

 

 

is their any mitigating circumstances you can use

that might get you off the hook as to why you didn't

request documents till 10days before the filing date?

 

 

you are going to be hard pushed to convince a judge not to allow a default judgement here

as you did ack the claim so were aware of it

but you simply sat on your hands

for want of a better word.

 

 

dx

[shamrocker]

This is the one you need: [email protected]

- just title the email with your case number.

Put *****DEFENCE BEGINS***** and ***********DEFENCE ENDS**********

before and after your defence.

 

If you're stuck with the defence, take a look at mine

- post #65 in this link (note the red paragraph that I took out for the actual defence).

 

 

You may want to read the pages prior to see how we arrived at that end result..

 

 

..I didn't have a clue what I was doing, not much better now but have been on a bit of a learning curve with it all -

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?404641-MBNA-court-Activ-Kapital/page4

 

Good luck!

 

Sham

[ruth101]

The issue date is taken as 5 days after the issue date shown?

 

Am I missing something - 1 day after today is not today!!

[shamrocker]

The issue date is taken as 5 days after the issue date shown?

 

Am I missing something - 1 day after today is not today!!

 

28+5 days after the date on your claim form - as the guys state above.

[dx100uk]

you old thread appears to be what you need:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?371060-Help-needed-with-county-court-summons-from-Santander

 

 

can you please check the card number matches that of you old thread here

as this info might be useful.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?285698-MBNA-trying-to-force-me-to-ring-them-for-harrassment-session/page2

[ruth101]

Thanks Sham will steal a bit of yours.

 

dx, I have been working until the early hours for the last two months 7 days a week and simply did not know that I had tp send the CCA and CPR letters until earlier this week. My only excuse is ignorance.

 

I did NOT "ack the claim" as you say, I acknowledged service.

[dx100uk]

that is what AOS does.

 

 

the thing is

 

 

 

 

its not the first time you've been to court

and

had to do this type od thing

 

 

you should have known what to do

 

 

hope you get a good judge

 

 

dx

[ruth101]

It will be the first time I have been to Court and I was not aware of what I had to do, although I should have been.

 

Of course, I will treat tomorrow as the deadline, but it may to valuable for CAG members to clarify the due dates.

 

If 1 day after today is tomorrow, 33 days after 30 July is Monday 1 September. Do you agree, if not please can you explain? As this is very misleading on behalf of the courts.

[theoldrouge]

but it may to valuable for CAG members to clarify the due dates. - ruth its explained in the link in post#4

[dx100uk]

please stop faffin around

 

 

from the date top right claimform

you have 33 days

you must file your defence by midnight on that day

 

the date on the claimform is counted as day ONE

 

get that defence up.

[ruth101]

I'm not faffin about, I trying to clarify something something that may be very important to somebody in future.

 

The oldrouge pointed me to:

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

Is this mentioned somewhere from the court service or is this CAG wording?

 

but the court says 33 days after, how do you make sense of that?

 

[dx100uk]

I think your issue is your defence

not trying to find 'fault' in something

that I think in over 11,000 threads in this forum

someone else would have spotted by

now if it were wrong

 

 

dx

[ruth101]

My defence IS weak and I won't waste your time with it, but that was not my reason for the clarity.

 

I was only trying to point out if you are correct, and with your knowledge against mine, I'm sure you are, it is very misleading of the courts to say 5 days after.

 

Many thanks for the help.

[dx100uk]

only in relation to deeming the claimform has been served.

 

 

'after 5 days it is deemed the claim has been served'