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    • The address is only a paper address with no actual manned staff address. Police have rang me this morning and taken some more information including the details of the driver who they say they will contact and interview.  They are also putting in a formal request to Shiply to get the couriers driving license and biometric information held on file. IF anyone else has been in the same position with this particular courier, please please let me know and we can perhaps go down the strength in numbers route xx
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    • Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
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Arrow/Shoosmiths - claimform - old CAP1 card 'debt'***Claim Dismissed***


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

 

Andy.

We could do with some help from you.

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  • 3 months later...

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.

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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.

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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?

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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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

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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.

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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.

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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.

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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.
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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.

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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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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.

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 OTHER

 

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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.

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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

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 OTHER

 

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

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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.

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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.

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