Arrow/Shoosmiths - claimform - old CAP1 card 'debt'***Claim Dismissed***

[AndyOrch]

Yes ...keep checking with the court if they have filed and if not have they struck it out.

 

Andy.

[whitsend]

Ok, I'll check again later in the week.

[whitsend]

I have the small claims hearing for this on Monday, can anyone advise on how I should defend as statute barred.

[panther12]

If you have the court hearing on Monday then no doubt you would have received the judges directions stating that each party to file & serve their witness statement & any docs to be relied upon no later than 7 days before the hearing.

[whitsend]

No I haven't received anything like that, just a hearing date a while ago.

[panther12]

What exactly did you receive and what exactly did it say. You normally get a Notice of Allocation (Hearing) with the date of hearing and also detailing what each party must do.

[whitsend]

I found out the hearing date when a telephoned the court as a had not heard whether they had filed their Directions Questionaire.

 

I was expecting something before the hearing date but was out of the country last week. But have not received anything yet. The last thing I had was a copy of the reminder to Arrow Global to file.

 

I am still waiting for a signed copy of the credit agreement, they have so far only sent me the statement of account and a signed application form. I did originally send in a statement to say this was statute barred when they went for the CCJ.

[jackreacher]

Go for statute barred , tell them nothing of what you have seen in the sar pack but provide the page which you say proves your last payment., chances are their representative wont have a clue. If that is a no go you may well have to ask for an adjournment. Explain you have received no paperwork and have not been able to properly form a full defence.

 

if you don't get an adjournment and the SB fails argue the Application form is not the agreement. If the Application Form does not contain the prescribed terms it fails s78 read up on here why. it further fails under s61.. s127(3) applies. get reading take notes. You only have the time for a basic understanding but that may be enough for the judge to adjourn or you to win.

 

Can you post up the application form?

[AndyOrch]

Once both parties have submitted their DQs the court issues a Notice of Allocation...this gives you the directions...dates ....to comply with and the trial date....if you follow all the instructions with the NoA then you should be fully prepared for trial.

 

It really does not help us or you whitsend when there is a 4 month gap in your posting.....I hope you have submitted your standard disclosure and witness statement.

 

Too late now if not.

 

Andy

[panther12]

Have you tried contacting the court regarding the crucial missing info that claimant should have filed (witness statement etc) and that they will be relying on in court. They are supposed to file a copy with the court and also serve a copy to you by the date stated in the notice of allocation that you also haven't received. If hearing is on Monday then I'd be getting in touch with court to find out what the hell has happened PDQ.

[whitsend]

This is the application they sent as a credit agreement.

 

There is a four month gap as I haven't heard anything from anyone until this week, when I got a pack through from Arrow Global, with there information on for Monday.

 

What do I need to file for a statute barred defence as I do not have any documents to rely on.

[panther12]

This is the application they sent as a credit agreement.

 

There is a four month gap as I haven't heard anything from anyone until this week, when I got a pack through from Arrow Global, with there information on for Monday.

 

What do I need to file for a statute barred defence as I do not have any documents to rely on.

And what was the info from Arrow that you received this week.

[whitsend]

their documents they are using in court.

 

 

A witness statement,

a statement of account and the signed application form they're saying is a credit agreement

along with the terms and conditions attached to it.

There is also a copy of a request for CCA from me.

[whitsend]

Terms and conditions stapled to card application

 

application form sent as credit agreement

Edited August 6, 2015 by dx100uk
scans merged reduced in size and redacted properly- dx

[panther12]

their documents they are using in court. A witness statement, a statement of account and the signed application form they saying is a credit agreement along with the terms and conditions attached to it. There is also a copy of a request for CCA from me.

Well without knowing what their WS says in which they rely on to counter your SB defence then there isn't much more help I can give so good luck on Monday.

[whitsend]

The witness statement says I defaulted 1.12.2008, and

 

 

then it is just a list the different collection agencies used and dates, and

 

 

then the dates Arrow Global took it over.

 

 

Then a copy of the letter answering my CCA request in 2011

 

 

saying as they were not the creditor

 

 

they did not need to send one.

[panther12]

Was it a stat barred defence you did. Surprised they've not tried to counter your defence in their WS as it's for the claimant to prove that it's not stat barred once a SB defence is submitted.

[dx100uk]

well even if that CCA return is enforceable

they still haven't produced anything to counter you SB defence have they?

a statement?

mention as an exhibit in the WS?

dx

[whitsend]

I can't find anything in the witness statement that tries to prove its not statute barred.

 

 

I will go through it again but it just seems to be a statement telling the historical details of the case.

[whitsend]

Is it too late to file a witness statement of my own now.

[AndyOrch]

Once both parties have submitted their DQs the court issues a Notice of Allocation...this gives you the directions...dates ....to comply with and the trial date....if you follow all the instructions with the NoA then you should be fully prepared for trial.

 

It really does not help us or you whitsend when there is a 4 month gap in your posting.....I hope you have submitted your standard disclosure and witness statement.

 

Too late now if not.

 

Andy

 

Yes hence the above post...you should have had your Notice of Allocation 3 months ago telling you to prepare a witness statement...and standard disclosure.

[whitsend]

No I did not receive this.

 

 

I am now wondering if it is even worth closing my business for the day to go to court, as I am going to put up any defence. I will just be losing more money. And as this is mostly fees they are claiming, I am going to try and claim them back. As I had not done anything like this before, I did not know I had to do any of this.

[AndyOrch]

Well if you had visited frequently and read other threads you would have noticed that you had not had it.Last time you logged on you were waiting for the claimant to submit their DQ in March....and now 3 days before your trial....anyway that's by the by...we are only trying to help you help yourself.

 

As you submitted a SB defence...you dont need to file a WS or standard disclosure......If you don't attend you lose...as it statute barred you dont need any further evidence...jst a case of turning up and getting the claim dismissed....assuming its statute barred.

 

Andy

[panther12]

I can't find anything in the witness statement that tries to prove its not statute barred.

 

 

I will go through it again but it just seems to be a statement telling the historical details of the case.

Might have been helpful to post that up as that's the crucial info needed. As the defence was only based on SB I wouldn't get hung up about missing paperwork or CCA as the only thing the court will be interested in is the SB aspect of it that your defence is based on. Are you sure there is no mention of payment details within their WS or exhibits that they wish to rely on to show it isn't SB.

[whitsend]

Ok sent to court today,

Arrowglobals witness statement said that it wasn't statute barred as I had made a payment of £36.95 in July 2009.

 

 

However the judge went through the statement of account and the page with July 2009 was missing,

when he said he could not find said payment, Arrowglobals solicitor tried to give the Judge a copy of a page with it on.

 

 

The Judge said this was very erroneous, especially after going through the statement from 2000 to 2008,

and finding all payments were always rounded up to a whole figure, why would I make a random payment for that figure.

 

 

He asked where Arrowglobals proof was that I made this payment, as I said I hadn't,

and original creditor Capital One had said they received no payments from me after Dec 2008.

They said they had none.

 

 

The Judge said that if they were relying on that payment for the claim they should have done some work and provided proof.

 

 

He dismissed the claim.