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Arrow/Shoes claimform - old idem claim already disc'd - can i use CPR38.7?


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This is a credit card debt that was obtained online in 2004 ,

transferred from one credit card company to another in 2004.

 

When Idem took over virgin debts and issued me with a MCOL ,

 

 

I requested my agreement as recommended from this site.

 

 

Idem sent me my agreement which is The Consumer Act 1974.

There are no signatures just "ticks" where the signature should be.

This was in 2014.

 

 

In the end Idem issued me with a Notice of discontinuance after i had submitted my defence.

Debt is £3162.00

 

Two years later and many DCA s, Arrow Global Shoosmith have issued me with a MCOL dated 9 August 2016.

I now have 28 days to respond having acknowledged the claim.

 

I havent had any communication with any DCA since i got the Notice of Discontinuance from Idem for 2 years

because i am scared to talk to them.

 

 

Last payment made is 2/12/13, .

 

 

This is a credit card debt with Virgin which commenced in 2005/6

 

i have drafted my defence based on draft letters on this site.

 

 

i want to defend using 38.7 (ie cant sue twice for the same debt)

 

This is the draft.

 

1 I received Notice of Discontinuance of Proceeding dated 22 April

2014 from Idem solicitor and acknowledged by Croydon County

Court.

 

2. Except where otherwise mentioned in this defence, I neither

admit nor deny any allegation made in the Claimants Particulars of

Claim and put the claimant to strict proof thereof.

 

3. A previous claim XXXXXXXX was made against the Defendant on

the 13 March 2014. This claim was discontinued by the claimant

on the 22 April 2014 after I (Defendant) filed a defence. Since

receiving the Notice of Discontinuance of Proceedings, I have

received no further correspondence from the alleged creditor

Idem. I therefore understood that this matter was closed.

 

5. This claim arises out of facts which are the same as those

relating to the discontinued claim.

 

6. The Defendant believes that the Claimant has not sought filed

an application to seek permission to bring proceedings under CPR

38.7. It is averred that should the Claimant have not taken this

step that such a claim is an abuse of process.

 

7. The Defendant respectfully request the courts permission to

submit an amended defence should the Claimant prove that they have

sought permission to make this claim or that evidence is adduced

I have no knowledge of this company nor have i had any dealings

with them.

 

I therefore respectively request that this matter be put aside.

 

......................................................................

 

Is this a strong defence?

Confession

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In principle its correct Confession...assuming a Judge will follow the CPR and that the claimant has not sought permission.

 

Your last line needs to be addressed....you dont ask for it to be put a side but you state .....

 

" By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and request that the claim be struck out pursuant to CPR 38.7 PD a or b and CPR 3.4(2)(a) or (b)"

 

Regards

 

Andy

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Also do not submit your defence until the 30th day...otherwise you are giving them plenty of advance warning to seek permission.

We could do with some help from you.

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  • 1 month later...

Andyorch

 

I sent the defence on 31 August 2016 with your extra wordings> i received an acknowledgment from the court stating that the creditor had 28 days to respond i think. I have heard nothing as of 14 October 2016. My records in MCOL reads

Your acknowledgment of service was received on 17/08/2016 at 12:01:48

Your defence was submitted on 31/08/2016 at 11:38:43

Your defence was received on 31/08/2016 at 14:01:50

 

 

What should i do know, ie what is the next step please

 

Many thank

Confession

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Nothing claim is autostayed

 

Next move is the claimants but that will cost more money

 

Teach em to issue a speculative claim

Hoping for a non defended default rubber stamped judgement

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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Can i request MCOL to "put aside" permanently. I dont want a next DCA taking the MCOL route again . This was the 2nd time this has been done to me for this alleged debt. What do i need to do to achieve this aim please.

 

Once again, i thank you all from the bottom of my heart

 

Confession

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Can i request MCOL to "put aside" permanently. I dont want a next DCA taking the MCOL route again . This was the 2nd time this has been done to me for this alleged debt. What do i need to do to achieve this aim please.

 

Once again, i thank you all from the bottom of my heart

 

Confession

 

Afraid not....until it actually reaches trial and is adjudged... and struck out by the court....let them keep trying.

 

Andy

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It will be stayed...not worth the phone call

We could do with some help from you.

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It will be stayed...not worth the phone call

 

Okay will leave alone,won't call and as you have suggested, will wait for the DCA or a new DCA to make contact. I will never enter dialogue with them I chose to ignore them until the issue of a new MCOL . then I will make contact with you and hopefully u will assist. Is this the correct approach?

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yes, seems so.

if it raises again, then use 38.7 etc.

as andy said, the alternative is to apply to get it struck out re. but, then you wld have to upfront the app'n costs unless fee remission.

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Not advisable for the defendant to make application to strike out a claim because its stayed...that is the claimants prerogative if they wish to proceed.As it stands its no more than a speculative claim.....until they proceed to allocation...its irrelevant.

 

You may of seen the phrase here " dont poke the bear " well your application would do just that.....£255.00 to make application and you need a valid reason and being stayed is not one.

 

The claimant would fight your application and throw all its power behind it with counsel...possibly a Barrister and you foot the bill for your application...So £255 for the application..claimants costs ...possible costs of anything up to a £1K plus the claim value.

 

I seriously would let it stay and forget about it.

 

Andy

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Okay, What is the estimated cost to do this as you have suggested to get it struck out please.

me? no, was agreeing with andy re leave it alone. to be 'struck out by the court' if it raises after an app'n to lift stay. ie leaving it for the claimant to decide whether to apply to lift, not you (for the reasons posted)

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