arrows/? civil claim form Northern Ireland - mbna credit card 'debt'

[steveni]

I cant get these Docs scanned, so have typed them up

 

 

11/11/2015

 

 

Dear

 

Arrow Global Guernsey Ltd Acc ASSIGNED BY bRITTANNICA Recoveries S.a.r.l - Mortlake (A/C N0...)

 

We thank you for your letter dated 11/1//2015 received o n 11/1//2015 and acknowledge your request for documentation pursuant to the Consumer Credit Act 1974.

 

We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtainint 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.

 

We return the payment of £1.00.

 

Yours sincerely

 

 

ARROW GLOBAL

 

 

 

 

FROM SOLICITOR

 

 

26 May 2016

 

 

Dear

 

Further to our notices, it would appear plain that you have had the use and enjoyment of this credit care from on on about 20 September to on or about 1 November 2011. This is some considerable time and given that the nature of your dispute remains unknown, we would propose cross examining you on, more particularly inter alia your longstanding use of this credit facility and the final balance subsequently defaulted on as evidenced in our supporting documentation.

 

That said and with expediency in mind, our client might be minded to resolve this matter without requirement for a contensted and so if you have any proposals for payment with a view to an amicable resolve, without having to put the matter before a Court, we would respectfully request, NOW IS THE TIME TO DO SO.

 

 

 

FROM COURTS AND TRIBUNALS SERVICE

 

 

21 September 2016

 

 

Dear Sir

 

Re Arrow Global Guernsey

 

 

Please note that the Plaintiff has failed to lodge a certificate of readiness within 6 months of you lodging a notice of intention to defend.

 

This case has therefore been listed for Review before the Deputy County Court Judge Collins at 10.30 am on Monday 3 October at Lisburn Courthouse unless the Plaintiff lodges a Certificate of Readiness prior to this date.

 

You are not required to attend unless you wish to make representation to the Court.

 

 

FROM SOLICITOR

 

22 September 2016

 

Dear

 

 

RE Arrow Global Guernsey

 

We refer to the above matter.

 

We enclose the following by way of service upon you in advance of the Court date set for Monday 3 October.

 

1 County Court Notice Requiring Discovery

2 County Court Notice for Further and Better Particulars.

 

Yours

Edited September 27, 2016 by steveni

[dx100uk]

you don't need to send PM's to people that are in the list at the bottom of your thread

we automatically get an alert as you do when people post on your thread.

[steveni]

Apologies for the breach of protocol. I'm still finding my way around and appreciate the advice and information provided

[AndyOrch]

As they refer to discovery I assume this is the standard directions and the claim is proceeding...has the court informed you directly on how to proceed and what they require next ?...(in England this process is called Notice of Allocation which contains the courts Directions in preparation for trial.)

 

Andy

[steveni]

Court has not communicated with me except to advise of review meeting on 3rd October.

 

 

The request for disclosure has been from solicitor to be made using a court services form to be given to them by 3rd October

 

I understand further and better particulars, but what do I write.

 

 

Remembering that Arrow never acknowledged that they were the creditor under the CCA and never provided a copy of the agreement.

 

 

I have never received a notice of assignment either

[AndyOrch]

The review meeting will be what we call a Case Management Hearing in England...just attend the hearing the court will give further directions.

[steveni]

Hi Andy. Went to court this morning for review meeting.

 

 

Arrow's solicitor didn't make an appearance!

 

 

Judge adjourned the case for another review meeting, date to be advised to me by the court.

 

 

What do I do now?

Regards

Stephen

[AndyOrch]

Wait for the next date.....doubt they will turn up for that one either and the claim should be dismissed.

[steveni]

Can I ask for the case to be dismissed With Prejudice, or does the Judge make that decision?

So don't reply with anything to solicitorstgen either?

You have been a great help Andy !!!!

[AndyOrch]

I would let the court dismiss the claim...no cost to yourself.

[steveni]

Ta

[steveni]

Andy, received al letter from Court

 

The above matter has been listed for review before the County Court Judge on 9 January 2017.

 

Following the COR review callover, this case will be mentioned on the above date if you fail to lodge a COR within 14 days.

If the COR is filed, this date will be withdrawn.

 

 

 

What does COR mean and what do I file please?

[AndyOrch]

Not that hot on NI Law steveni but I would interpretate in line with English CPR as a Case Management Conference and the judge will decide and impose further directions.I assume its to comply with directions and that they have failed to comply so far.

 

I would assume thats for the benefit of the claimant...not you as defendant.

[AndyOrch]

Bumping this thread

[steveni]

I received a further letter from solicitors on 16/11/2016 with a Notice of Application to Strike out my Defence as I had not supplied the info the solicitors requested in 22/08/16.

 

 

This was Notice for Further and Better Particulars and Notice of Discovery.

The court has not requested me to complete either of these forms.

 

 

the solicitors state that I didnt attend court on 03/10/16.

I was at court on that date but wasn't called.

Presumably as the solicitors didn't bother to attend.

 

 

They say that subject to any submissions made in writing by the defendant, it is submitted that pursuant to Order 14 Rule 1 (1) (b) if the County Court Rules Northern Ireland 1981.

 

 

They state that if I wish to object to this application, I must do so within14 days of the date of this letter, failing which it shall be their intention to request that the matter be dealt with on the papers and without the need for formal hearing.

 

I object on the grounds that I did attend court contrary to their allegation and that the court never to supply such information they requested.

What should I do.

Regards

Steve

[AndyOrch]

Wait until the court send you conformation of any application...they dont set the time limits..

[steveni]

Even though they say I have only 14 days to respond. If the court send me a date to respond by, what do I write Andy?

[AndyOrch]

If you have proof that you did comply and that you did attend...what basis is there for their application ? unless its an attempt to get you to contact them pre hearing ?...by all means give them a ring and tell them same...and that any application will be objected to and you will evidence that all the above was done and complied with and that you will request costs.