Forgot I had this thread 'out there'... Arrow withdrew their claim in June last year and I haven't heard from them since... getting the default removed is on my 'to do' list..

Ok, thanks Andy, I'll do that.. (Congrats on your 'Modship' by the way )

... Hello... anyone out there? Can anyone give me advice on my next move please? Thanks, Spam

Hi All, I'm in a bit of a pickle and need some advice. I received a County Court Claim via CCBC @Northampton from Arrow Global. It was instigated by drysdenfairfax solicitors, and to be honest I don't think they expected me to defend and thought they were in for some easy money. Anyhoo, I sent off my CPR request for docs etc, did my AOS and after 28 days having still not received docs mentioned in POC I put in a holding defence of no docs received and a request to change defence accordingly once they were received. I also put in a counterclaim for damages re Arrow updating my creditfile without legal right to do so and harassment from the DCA's they had chasing me. Last week I received an AQ, so I requested trial at my local court. As I still hadn't received any documents from Arrow, I informed the court that I couldn't proceed with my counterclaim because, without them I couldn't provide the evidence I needed to prove that they were barking up the wrong tree. Today I received a copy of an AQ from Arrow, where they have requested a month stay to 'settle' the claim, an intention to apply for my counterclaim to be struck out, and a notification that they have sacked their solicitors drysdenfaifax and are now representing themselves. They also stated in the covering letter that unless I pay up they will apply to strike out my defence. For background info... They are claiming on an old MBNA account that they say they have bought. I have in my possession a default notice from MBNA with the wrong account number on and a demand for full payment rather than arrears. I have a letter of assignment from Arrow stating a different account number to the one they are making a claim for, and, on a previous request for a copy of my agreement, they actually provided me with a copy of an old MBNA account which was paid up in full and closed many years ago. I basically need to know what to do from here on in.. I omitted to request that claim be struck out through lack of docs in my holding defence. Do I just sit back and wait to see what happens now or is there something else I should be doing? All advice appreciated... Thanks, Spam.

Hi Hammy and thanks.. They haven't actually applied for anything yet... It was just that at the last knockings of the hearing when they said I had 28 days to come up with the lot, and I said that was impossible and I could only offer a pound a month, the judge said to the Barrister, 'I suspect you'll be going for a charging order then'... right after that is when he admitted he knew nothing about consumer law... I just don't want to pay £40 to have an application turned down and then pay more on top for the privilege of a charging order... They've really got me between a rock and a hard place...and if I'm honest I resent EVERY penny that goes towards them, especially as we're all bailing them with our taxes as well... Sheesh I could go on but I'm trying to keep it together... lol Spam

... mini soapbox moment... Attempting to get my act together re application to pay CCJ by instalments.. My income is marginally over the limit to be exempt from the application fee, so that is going to cost me £40 of something I don't have.. In the last month I've had to take a drastic drop in income due to health issues and my outgoings only just meet my income as long as I eat jam sandwiches, don't wash, change my clothes or have a haircut for the next decade or think of leaving the house for anything other than going for a walk.. Why oh why is this judicial system (and Lloyds) so insistent on creating more and more debt for people? If I don't pay the CCJ, they'll slap on more charges and application fees for a CO, if I apply to vary it'll cost me £40 and I highly doubt they'll accept £1 a month so they'll probs apply for a CO anyway... I banked with these b*stards for many many years and they have had more than what I owe from them interest on old loans and from what was then a decent income etc.. but the minute I fall on hard times and ask for a bit of leniency they go in for the kill.. Really dunno what to do now.. Soap box moment over.. Spam

Thanks Cym and Caro.. I'll do that... as soon as I get the paperwork and I can get my brain back into gear I'll fight the good fight... Just a bit weary of it all at the mo.. Spam

Thanks to everybody who's offered their support in this fiasco.. I sincerely appreciate it.. The truth is, as I said earlier, the Judge had already decided on giving me a judgement before I'd said a word. He hadn't even looked at my witness statement, he just harped on and on about me having the money, and did I think it was a gift and all sorts of other insulting insinuations and didn't even bother looking at me when I came out with point after point after point in the arguments. I did argue, and I believe I argued well and a couple of times the Barrister was even rattled by my knowledge and my replies, and even had to concede one or two points, but the judge still found in the claimants favour on them because unfortunately the judge preferred the Barristers interpretation of events and law to mine. The other disconcerting thing was that I constantly had to 'butt in', so to speak, to put my argument across. The way the judge conducted the proceedings was as if I was just there to listen to them criticise me for being a debt avoider.. Every point I made he just looked at the Barrister and waited for him to say the opposite and then agree with him... I didn't stand a chance.... I was hung drawn and quartered for being human and having the audacity to question the legality of the alleged agreement and the way Lloyds conducted themselves as a result of my s78 request. The judge did say, when he refused my appeal that I could appeal to the circuit judge. .but what with?... Buttons? I do wonder though, if they sent a Barrister this time because last year I stung **** for costs when they lost to me over my Halifax CC, and when they saw my amended witness statement they saw I had a lot going for me again. They played dirty by sending their Skelly less than 24 hrs before the hearing when they'd had almost a fortnight to reply. The Judge asked the Barrister how long he wanted to give me to come up with the £8 grand or whatever it is now with their extortionate rates on top and he said 28 days... I said fat chance and offered him a pound a month there and then so they've already decided on going for a CO when I don't come up with the funds. Hey Ho, here we go.. Thanks again to everyone for your input and interest... Just Remember... Lloyds TSB are above the law .....aren't you glad us little people bailed them out? I'm not bitter...Honest! Spam

..Lost out on the Judge Lottery today.. Summary Judgement and £1000 costs awarded to claimant.. then he admitted he knew nothing about consumer law.. lol My offers of defence were.. 1)Claimant was in default of my s77/78 request as the terms and conditions supplied had an incorrect address and no interest rates.. (Phoenix/Kotecha HSBC/Carey) and they shouldn't have enforced the debt Response) Judge/Barrister say just because they ask for money, threaten to come round your house, add default sums and interest, serve a default notice and terminate the agreement doesn't mean they are enforcing a debt.. They are only enforcing a debt if they get a judgement and because they sent the docs in reply to my CPR31.4 request (after I'd submitted my defence of no docs) they could enforce it... tada.. (McGuffick) 2) The document supplied as an agreement was an application form with just my signature and not the Claimants. Response... the received stamp means it's an agreement Me.. Having worked in a Bank, I know that there is a post room and that docs are stamped when they are received and sent to relevant departments to be dealt with. The post opener is not at liberty to make agreements. Judge... doesn't matter..as far as I'm concerned that received stamp is a signature. It's a valid agreement. Barrister you can always enforce it under S127... Judge agrees to. Default notice.. No section 10a, Sum demanded included default sums and interest.. account in dispute shouldn't have been added. Response.. by adding those sums they weren't enforcing the agreement... Re 10a they admit it was missing but because, according to them, they'd sent an information sheet several weeks before it could be dismissed as demini whatsit Me... I didn't receive the sheet.. Judge... they said they sent it so you got it Me.... my daughter sent results to Uni and they say they didn't get them they weren't returned Judge... balance of probabilities you got it.... next! Throughout the WHOLE proceedings he virtually bullied me! 'You had the money' You had the credit card' I kept saying that that wasn't the issue and that this was a hearing to see if I had enough evidence to take the matter to trial. I asked to appeal... he refused.. I said If I'd known I was gonna be on trial I'd have got a Barrister.. At the end of the day, it's not the SJ that irritates me.. it's the fact that I was ganged up on, made to feel like pond **** and the judge just wouldn't listen. I could see he'd made his decision before I'd even opened my mouth, especially when he just kept hurling 'you must have had the money at me'... I was almost screaming at him at the end when the Barrister said that the claimant didn't have to send a default notice at all if they didn't want to, and that it was their prerogative to terminate the agreement at anytime and the judge believed him.. I said so the CCA1974 doesn't matter or protect the consumer at all then.. he just ignored me .... It was so old pals act it was unbelievable... even the Barrister looked surprised! Lets face it, they wouldn't have sent one for a £5k Credit Card debt if they didn't think they were on a sticky wicket. None of this would have happened if they had played by the rules in the first place.. all I did was ask for a copy of my agreement and I've ended up with a CCJ. Time for tea and a rethink methinks.. Spam

Thanks Andy.. I'll be able to sleep now.. I've been through their Skelly and it's all rather dubious quoting case law that doesn't apply and ignoring the real issues. Just hope I get a judge that's willing to listen.. Will let you know how it goes tomorrow. Spam

inbox emptied Blossom..

...neither Andy.. My original defence was no documents cos they hadn't sent any.. When they applied for the SJ, the court asked me to send in a witness statement by a certain date.. which I did.. I then sent in an amended witness statement approx 2 weeks ago, with some more exhibits...I rang the court and that's what they told me to do I assumed I would be able to ask to submit an amended defence if it went to trial.. Spam

Hi Blossom.. Thanks for the support.. I have, as you suggested printed off the email along with the Skelly.. and I sent my statement of costs off over 2 weeks ago when I sent them my amended witness statement.. didn't want them adjourning cos they didn't have time to reply so this is how they repay me.. they really are the **** of the earth.. Spam

..ok Tomorrow is the day, and an hour ago I receive by email, ****'s skeleton argument.. WTF! ... they say I haven't sought to make an amended defence... should I have done? I sent in an amended witness statement after I'd received the docs.. Help... Spam

...recieved statement of costs today from ****... Wow £118 per hour just for a legal assistant... A letter to me cost them £11.80 apparently... and it looks like it's been printed on Tesco Value paper.. Ah well... onward and upwards.. Spam

Hi Hammy and Andy.. great to hear from you both again..thought you'd abandoned me My amended witness statement, which I sent in last week includes issues/disputes about :- the documents supplied under s77/78, the fact that they instigated legal proceedings whilst account was in dispute and being investigated by FoS the fact that it took them almost 2 years to provide an illegible document an invalid default. I hope this will be enough to object to the SJ successfully and move it on to trial. Carey and Kotecha both seem to be in my favour on the case law front so fingers crossed.. I really appreciate all your input guys and I'll elucidate more after the hearing win or lose! Spam

Hi Caro, thanks for the above links.. I have already sent an amended witness statement to the court etc in reply to the documents they have supplied recently. I also have a few bits and pieces up my sleeve so to speak, which will hopefully be enough to get this thing to trial and the summary judgement denied.. The hearing is next week, and I will reveal all after the event, but I'm being a bit cagey at the mo due to **** having eyes and ears everywhere! Spam

...lots of threats and no action so far... Lloyds use SC&M solicitors for their litigation, so until you receive something from them I wouldn't worry.. Spam

Hi Caro.. Thanks for looking in.. I actually started a new thread in legal issues with this one as I was hoping for a bit more input there.. http://www.consumeractiongroup.co.uk/forum/showthread.php?313677-Spam-v-Lloyds-Tsb-and-Summary-Judgement 'twas a bit quiet in this particular neck of the woods.. Spam

...but what were you listening to while you were ogling that goat Caro?

...Ta muchly Caro and Elsa ... I'd already checked my file before posting...lol... All Gaaaaaaawwwwwwnnnnnnnnn! ( well that one anyway ) Spam

...the 'Ever so politely' worked thank you very much Missus.. One default marker removed from credit file... yay... Spam

Me too![video=youtube;JI-o25K6B-E]

..np, I've been out of the loop a bit too and only just started researching again since Lloyds decided to be litigious.. Spam.

...just in case you are interested.. it may help you.. http://www.consumeractiongroup.co.uk/forum/showthread.php?313677-Spam-v-Lloyds-Tsb-and-Summary-Judgement http://www.consumeractiongroup.co.uk/forum/showthread.php?291945-Phoenix-Recoveries-vs-D-Kotecha-Court-of-Appeal Spam.