Arrows/dryden claimform - cat debt ***Claim Discontinued ***

[sonngi]

i have had a claim form sent to me re a catalogue debt

 

i have asked for cca

 

they have now said my case is on hold

 

do i still put in SAR and put my defence in befre the deadline?

 

ive only another 5 days to do this as they have only just replied to the CCA that the case is on hold.

 

also ive looked online at the claim and it doesnt say anything about being on hold

[dx100uk]

yes you still file the holding/no paperwork defence

 

read the letter properly

it doesn't say the court case has been put on hold.

 

can you fill this in please

 

and post the Q&A back here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

[sonngi]

name Of Claimant arrow global limited

 

Date of issue – 30 nov 2015

 

POC

1 the claim is for 3180.58 in respect of monies owing by the defendant on a credit agreement held by the defendant with shop direct under account number xxxx upon which the defendant failed to make payments

 

2 default notice was served upon the defendant and has not been complied with

3 by virtue of a sale agreement between shop direct and the claimant, the calim vested in the claimant who has a genuine commercial interest. the defendant has been notified of the assignment by letter

What is the value of the claim? 3180.58

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? catalogue debt

 

When did you enter into the original agreement before or after 2007? cant remember

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. assigned to dryden fairfax

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? no

Did you receive a Default Notice from the original creditor? yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

Why did you cease payments? buried head in sand when i had a lot of debt from payday loans

What was the date of your last payment? 2012

Was there a dispute with the original creditor that remains unresolved? no

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? yes

[dx100uk]

you need to file your defence by 4pm 1st jan.

 

if you've had no paperwork

then go have a browse of a few like threds in this forum

 

and post up your version of the holding/no paperwork def

 

do not trust arrows nor drydens an inch

[sonngi]

with it being a bank holiday wouldnt i have longer?

[dx100uk]

only one day xmas

 

 

and that simply extends it into a w/end

so you'd still have to file on the Friday before the courts close at 4pm.

 

 

have a go

post it up

we'll help

[sonngi]

I xxxxxxxxx of xxxxxxxxxxxxx am the Defendant in this action and make the following statement as my defence to the claim made by Arrow Global Limited

 

old embarrassed defence removed - dx

[dx100uk]

not really ... that's an embarrassed defence and old hat and should never used now a days.

where did you get it .?

 

 

if you simply put claimform cat debt

in the search cag of the redtool bar above you see the no paperwork/holding.

 

POC

1 the claim is for 3180.58 in respect of monies owing by the defendant on a credit agreement held by the defendant with shop direct under account number xxxx upon which the defendant failed to make payments

 

2 default notice was served upon the defendant and has not been complied with

3 by virtue of a sale agreement between shop direct and the claimant, the calim vested in the claimant who has a genuine commercial interest. the defendant has been notified of the assignment by letter

 

 

Here is a recent Cat defence that Andyorch drafted for another poster

which was successful in the claim remaining stayed.

You will have to edit slightly to suit and add your requests for CCA /CPR ect.....

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

 

Defence

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1 .Paragraph 1 is noted. I have had an agreement in the past with Shop Direct but do not recognise the account number referred to by the claimant.

2 .Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago.

On the 1st April 2015 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

3.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

4.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

5.On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

6.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Regards

Andy

***************

[sonngi]

thanks i got that from this site somewhere think i typed in defence and it came up with it

[dx100uk]

that's ok

when search for stuff always check the date of the post.

 

 

just don't forget to align your para numbers to theirs ih the defence

 

 

if you want to post it up please do

 

 

dx

[sonngi]

Thanks ive put my defence in

[sonngi]

I've had a letter from the court asking whether id like to have mediation do I send it back as a yes?

[dx100uk]

yes

[sonngi]

I still have not had a reply to the cpr 31.14 from Arrows solicitor and now I have been given a court date for june and have to submit my Witness Statement what do I do now?

 

i have till 2pm on the 11th may to submit my evidence and statement

[AndyOrch]

Notice of Allocation and Court Directions

[sonngi]

ive received instructions to send the court all documents on what I will rely on in my court hearing but I have not had a reply to the cpr 31.14 yet well they sent me a letter saying when they were allocated the debt and when they issued notification and what the debt is for but they have not sent any written agreement from myself for the debt or any other information.

[AndyOrch]

Your disclosure will be any CCA /CPR request and any responses (if any) your witness statement will be a particularised version of your defence...search for examples of witness statements in the search box above on how to draft and layout.

 

Andy

[sonngi]

thank you

[sonngi]

I have a court hearing on the 3rd June re this case but arrow have not submitted documents to the court or myself can I have the case thrown out?

[SabreSheep]

I think you need to type up the court directions that were given to you (and them)

[AndyOrch]

Have you complied and sent yours?

[dx100uk]

so as you are back with another issue

could you please update this one

as you never bothered to return till today.

 

dx

 

[sonngi]

My apologies for not returning till today they cancelled the court hearing as they did not provide the credit agreement I asked for and I have not heard from them since

[dx100uk]

what do you mean 'they' ...you mean they discontinued the claim or it simply got stayed as they failed to provide?

 

dx

 

[sonngi]

I mean Dryden fairfax is they and I believe it was stayed as they failed to provide