Blimey! Thanks again interesting reading!!! mj

(1)On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order the court will consider all the circumstances including – (a)the interests of the administration of justice; (b)whether the application for relief has been made promptly; ©whether the failure to comply was intentional; (d)whether there is a good explanation for the failure; (e)the extent to which the party in default has complied with other rules, practice directions, court orders and any relevant preaction protocol(GL); (f)whether the failure to comply was caused by the party or his legal representative; (g)whether the trial date or the likely trial date can still be met if relief is granted; (h)the effect which the failure to comply had on each party; and (i)the effect which the granting of relief would have on each party. (2)An application for relief must be supported by evidence.

Hi pt... Thanks for the heads up! Can they do this after leaving it so long (oct 09) Mj

Summer...thank you! I was thinking it's something and nothing! It was struck out a good while ago now and my thinking is they would have had to do something way before now not a couple of years down the line! Thanks again Mj:)

Bump:)

Hi people..long time no post! I received a "uk mail" letter today with regard to this struck out court case . Can people give me their thoughts and let me know what may now happen. Arrow Global llc who originally owned this and tried for a charging order were struck out ( see above) they have now assigned it to Arrow Global Gurnsey ltd! it's got the court case claim number on it and says "we advise you that Arrow Global llc has assigned all of it's respective rights title and interest in respect of the above ref account (including the right to receive payment) to Arrow Global Gurnsey. Please note that all current arrangements in respect of such account shall remain in place and you should direct any queries to: Mortimer Clarke etc Are we likely to see round two of this???? Mj

Well done...another great result!

oh you mean Mark.....Bazooka. Wonder if he is still there, ha ha Ok will hold fire for now see what else they cough up. thanks MJ:-)

thanks guys... Mr W...i am just wondering when to start sending in response to a phishing letter! I was chucked in at the deep end with my other two debts, one the ccj/co the second a stat demand. Won both after a fight. How do i head them off before they go down either of the above routes! MJ

Well i just got a lettter from the idiots....Marlin Its a "your debt has been passed to us for collection" letter. Fill out the income/expend on the back please. Filed it under B for bin. Was a Marbles card from back in 2002. £2000ish, not sure if SB Should i reply with anything as yet or wait! I have already seen this lot off after they got a CCJ and charging order by default, i fought and won! all removed. Happy to do it again, but when do i send the first letter? MJ:-)

well they were stupid enough to put it all in writing, got the letter yesterday. Still no cheque attached!! the accountant will contact him in the week they said! Just found out he has overdraft protection so will look into getting that paid off for him too, as he has gone down to £88 a week from a substantial weekly wage. MJ:-)

Thanks SarEl....you, for clear reasons to me, know your stuff! We are seeing a Personal Injury Lawyer on thursday, he has a collegue who deals with Employment law so will have a consult with him also, im going to take them to the cleaners! Will keep you all updated. thanks MJ:-)

Hi all.. Ok in answer to some of the questions: SarEl - they did not inform him of his right to representation (he was alone) and did not inform him of his right to appeal. post - He receieved a letter via a work collegue a week before saying someone would be made redundant. The reasons given for his redundancy were: too young to drive the work van, he is 22 and has had a full clean driving licence for 3 years. (their policy is anyone over 25) so did not want to pay the extra to insure him) Going to cost them money to send him on a Health and Safety course. (which he has to do to return to work due to the injury) Unable to fix stone ie out on site with the fixers and fitters. In the 6 years he was there his job was in the yard with 2 other guys, he was mainly a cutter but did fabrication, and lots of finishing work. Very rarely went on site as the company employ fixers and fitters! That was it...letter in post regarding your redundancy pay...goodbye!

thank you both for all that info...i will repost tomorrow what actually was said to him...and maybe we can get some more sound advice. I will not let this go i think we have some case, be it big or small MJ

Hi all.. My son (22) has worked as a stonemason at the same company for 6 years. Unblemished work record. In sept this year he had an accident whilst cutting marble...severed his right index finger his dominant hand, went 70% through his tendon, had to go to East Grinstead Hospital for a micro hand surgeon to repair. He is 9 weeks into a 12 week recovery period, consultant flatly refused to allow return to work before this date. He was asked to go in for a meeting today, and was made redundant. He was the only one. No redundancy pay was offered, but told he had a letter in the post regarding that. He was asked to leave through a side door to avoid his work frineds. We have an appointment with a solicitor thursday next week for a claim for the injury (we only made this today...as he was worried he would lose his job if he claimed) But we need to establish if they can make him redundant whilst sick??? Many thanks MJ:mad2:

Here it's rain!

Lady Madonna - The Beatles

thank you Caro!

happy birthday

happy birthday ME!

black or white - michael jackson

yay...well done Debshe What did i tell ya....they say the same old crap everytime....dont have all the docs! my backside! I knew you could do it!... and they have to pay costs within 14 days, if not send in the baliffs!! well done MJ

Hi.. yes attach to the court docs, a copy of the SAR you sent to Egg, (did you send it recorded delivery) you should always, and keep the proof of postage. If you have proof of postage then attach also. I dont think Cap will respond to anything you send them at this stage, but the only thing you could do is CCA them, but i think you already have received your credit agreement from them?? sorry if thats not correct but its on your first post i believe! Another bit of info that may help you, from Curlyben... 136 Legal assignments of things in action (1)Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice— (a)the legal right to such debt or thing in action; (b)all legal and other remedies for the same; and ©the power to give a good discharge for the same without the concurrence of the assignor: Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice— (a)that the assignment is disputed by the assignor or any person claiming under him; or (b)of any other opposing or conflicting claims to such debt or thing in action;he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the M1Trustee Act, 1925. (2)This section does not affect the provisions of the M2Policies of Assurance Act, 1867. [F1(3)The county court has jurisdiction (including power to receive payment of money or securities into court) under the proviso to subsection (1) of this section where the amount or value of the debt or thing in action does not exceed [F2£30,000].] 　 Along with the major fact you have no documentation to link you to this debt you must point out that you didn't receive notification of any assignment as per LoP s 136 so you must hold them to strict proof they have the ability to issue this action against you, so they MUST prove the assignment was valid under LoP s196 which demands REGISTERED mail. MJ

bump

If it helps... what i was told to do, and did, was take 3 copies to court you have to swear them in, (its free to do this) one set is for the court, the other was sent by the court to (in your case) Capquest. I did not put my costs in until the last hearing and i did not send a copy to the other side. If you do send a copy leave it till the last hearing and as late as you can. MJ