Unviversal Credit CCJ, Sold to paragon , now Arrows and restons

[stephen7]

hope your'e right, woody, make things a lot easier

[stephen7]

hi all,

just to let you know...

rang st albans yesterday and today,although the clerk couldn't explain why my application for it to be struck out was "ignored" thought maybe it had to be and "official" application complete with fee, as i have done this time.

willing to provide any papers i think i may need for this time around, although both times the clerks were "amazed" that the claim was back in court.

[stephen7]

First, be ready for a surprise attack from Arrow/Copes at the last moment. By that I mean that they write to the court a day or so before the hearing asking for an adjournment. Second, they could also send you all the documents needed for their case to arrive on the morning of the hearing in a letter dated a week or so earlier. Do not get flustered by these tactics. Just keep calm and remember that they have pi**ed off the court once, so they will be on the back foot to start with.

what would be their ultimate aim in doing these things, apart from giving themselves more time and delaying, hopefully, the inevitable?

[Docman]

Stephen

 

You assume they have staff with a brain who can think! Don't be so charitable.

 

Doc

[stephen7]

Stephen

 

You assume they have staff with a brain who can think!

 

Doc

 

can't argue with you there.

[The GodMother]

me too. lol

thought maybe i had been at godmothers alcohol for a sec there

u can have it if u want i still have loads left.

[stephen7]

may take you up on that, if i loose this i will need to drown my sorrows

[The GodMother]

lol

[stephen7]

hi again everyone,

got just under 2 weeks before my hearing and would like to clear some things in my mind before then.

1. i have original POC and POC from this time.

2. I have original defence and defence from this time.

3. A copy of my AQ.

4. The strike out from the original claim.

is there anything else i need to take with me?

a couple of other things.

will this hearing only deal with my application to have the case struck out again? or, if i am unsuccessful, will it also deal with their application?

are arrow supposed to provide me with any paperwork before hand? ( i have heard nothing from them at all.)

if they are, and they don't. what is my situation then?

what is the situation if they don't appear?

any thoughts or ideas on these gratefully received.

fingers crossed for 2 weeks time

[The GodMother]

personally i would take anything with you that u might need this could even be the whole of the original file as the judge may aske for summing that is in there.

 

Also i would make sure the letter that says they have to pay u costs is there just basically take everything with you. Also make sure u have a pad of paper and pens with you as u may want to make the odd note to bring back to the table later when they are talking to the judge or answering questions posed to them.

 

The court claim should deal with your request for strike out and any objection they have on it it may also deal with there application, can u just remind me what there application is about if it is not to have the case re instated.

[stephen7]

thanks godmother,

i'll take what i have then.

cheers

[The GodMother]

i think that is best as u may need summing u have left @ home.

[stephen7]

hi again all.

well, tommorrow is d-day.

any last minute advice gratefully received,

will let you know of the outcome, providingthey let me know at the hearing

[wilko1]

Good luck

[stephen7]

thank you wilko,

keeping fingers.....and everything else crossed

[stephen7]

hi all,

just got back. and not good news, ........... i lost.

arrow had a local litigator present, who, unfortunately seemed very friendly with the judge. ( not that i am insinuating anything)

the judge decided to reject my application, as, in his opinion, the case has not already had a hearing.the original case had been struck out solely on the opinion of the st. albans judge, who should have given arrow time to rectify the application, then had a hearing, and as he didn't, there was no hearing so Res Judicate does not apply.

he has even allowed them permission to alter this one as some figures. etc are incorrect.

i now have to decide wether to accept arrow's new figures, dispute all or part of it. ( i may still be able to use the statute barred and no default notice side of it, i think)

so. now looking for help and advice on the upcoming case( by the way, he did compliment me on my defence, so thank you paul and everyone else. you did a good job)

looking forward to hearing all your thoughts on this

[pt2537]

hi all,

just got back. and not good news, ........... i lost.

arrow had a local litigator present, who, unfortunately seemed very friendly with the judge. ( not that i am insinuating anything)

the judge decided to reject my application, as, in his opinion, the case has not already had a hearing.the original case had been struck out solely on the opinion of the st. albans judge, who should have given arrow time to rectify the application, then had a hearing, and as he didn't, there was no hearing so Res Judicate does not apply.

he has even allowed them permission to alter this one as some figures. etc are incorrect.

i now have to decide wether to accept arrow's new figures, dispute all or part of it. ( i may still be able to use the statute barred and no default notice side of it, i think)

so. now looking for help and advice on the upcoming case( by the way, he did compliment me on my defence, so thank you paul and everyone else. you did a good job)

looking forward to hearing all your thoughts on this

have we had the agreement yet?

[stephen7]

do you mean the credit agreement? if so, i received a copy of the original agreement with the papers arrow filed with the court, one puzzling thing though, i signed on the 24 oct, the other persons signature is dated 16 nov.

[stephen7]

sorry if i am off track with that answer, was working nights last night and again tonight, my minds still in a whirl with the events of today

[Docman]

stephen7

 

Typical of a 'old pals' lawyer & DJ.

 

Don't worry about this now. It's only a preliminary and the main action is to follow. Try to put today to one side for a couple of days (especially as you are working at night) and come back to it in a few days.

[stephen7]

thanks docman,

will get back when i've had a decent rest.had about 3 hours sleep in the last 48 hours, so am in auto pilot.

[stephen7]

hi again all,

feeling human again, so time to try and get things arranged.

the judge stated that the hearing will be in about 6 weeks. he has given arrow 2 weeks from their receipt of the court letter to respond with their statement. the letter should be sent to them by the end of this week, so i should have their statement by about 14th march.i then have 2 weeks to respond with mine.

therefore, can anyone who has been following this advise me on what my options now are and ( in their opinion) the best way forward?

can i still fight this or is it a case of cutting my losses and try to come to an agreement with them.( though, going by their past record with me, i don't believe they will accept anything i offer)

lookinh forward to hearing all your thoughts on this

[Docman]

There isn't much you can do unitl you get their amended claim. But just like they were able to use defence from the first case, you should be able to use theirs. Hang on in there, its a long road ahead bu you will succeed. Post up their amended POC when you receive them.

[stephen7]

docman,

thanks for replying,

i assumed that as the last hearing dismissed my application to have it struck out, then that was that, i would have to accept the ccj, and just argue over the figures. what is reality and what they say differs by over £4000.00.they did also apply for almost £2000.00 costs also, but the judge told them they foot their own costs, thankfully.

will post details as soon as i get them.

[Docman]

Stephen

 

Slightly confused by your reference to a CCJ as in

 

" assumed that as the last hearing dismissed my application to have it struck out, then that was that, i would have to accept the ccj, and just argue over the figures."

 

I thought Arrow hadn't produced evidence to back up their claim.

 

Can you expand?