Arrow/Shoos claimform - old MBNA debt - settled by Tomlin - drydens now write saying pay us not Arrows?

[toxicdebt]

Ive had an email back from the court informing me the N149 was sent in error and they have attached the N150 form.

 

When filling the form in do I include the line "#####DRAFT ORDER FOR DIRECTIONS######" including the hashes on my Draft order or was that just for my info? And which court should I state - My local Court or Northampton?

 

Thanks.

[AndyOrch]

Ive had an email back from the court informing me the N149 was sent in error and they have attached the N150 form.

 

When filling the form in do I include the line "#####DRAFT ORDER FOR DIRECTIONS######" including the hashes on my Draft order or was that just for my info? And which court should I state - My local Court or Northampton? Entirely up to you Toxic if you don't like the look don't use...the important part is whether you understand the directions......in your local county court

Thanks.

 

Andy

[toxicdebt]

Cheers Andy. Much appreciated, it all looks fine to me.

 

Ill leave the court name entry as Northampton CCBC as this was written on the N149 they originally sent. As you stated I'm sure they will allocate the case to my local court anyway.

 

Sorry, one more question. Do I send a copy of the N150 to Arrow as well as the Draft Order or just the Draft order?

[AndyOrch]

Ok If Northampton was wrote on the N149 then yes same for N150....It use to be returned to your local county court but this has changed since the intro of Salford.

Its considered civil to exchange AQs and Draft Directions..attach a cover note requesting same by return.

 

Andy

[toxicdebt]

Okay will do.

 

Thanks.

[toxicdebt]

Ive been sent a copy of Arrow Global's Allocation Questionnaire today along with a 1 sheet covering letter "urging" me to contact them to "resolve the Issues and save further recourse to court" blah blah.

 

Section A

1. Do they want to settle at this stage... Yes

2. If so Do they want a month stay?... Yes

Reasons - None (left blank)

 

Section C

Have they complied with the pre-action protocol... No

Reason given... "Full details of the claim have been provided to the defendant" (Ive not had anything from Arrow whatsoever apart from the court claim form)

 

Section D

Have you made applications in this claim?... No

 

Witnesses... Claimant.

Witness to which facts... "Contract/Debt"

 

They didnt tick any Track.

 

Section F

Have they attached a list of directions they think appropriate.... No

 

Section I

Have they attached documents to this questionnaire?... No

 

What happens next?

[AndyOrch]

" They didnt tick any Track." Says it all really TD no directions no Idea no clue.Await Notice of Allocation now this will give you the timetable of directions and what you must complete and by when.

 

Regards

 

Andy

[toxicdebt]

Thanks Andy

 

I emailed Northampton Court to ask if they had received my AQ as Royal Mail tracker said it was still in progress. They replied to say they had received it and the claim was transferred to my local court on the 7th December.

 

Ill look out for the NoA

Kind regards

Toxic

[citizenB]

Interesting, this is the 2nd one where I have seen AG have requested the defendant to contact them urgently !

[toxicdebt]

Today I received some correspondence from a Deputy District Judge at my local court entitled "Notice of allocation to the fast track" "Arrow Global Vs Toxic Debt" dated 28th December 2012.

 

It goes on to state that...

"It Is Ordered That"...

1. The Claim is allocated to the fast track

 

2. Disclosure of documents shall be dealt with as follows:

 

• Both parties shall give to each other standard disclosure by list, the lists to be served 4:00pm on 25th January 2013.
  

 

• Any request for a copy, or inspection, of any document shall be completed by 8th February 2013.
  

3. Both parties shall by 4:00pm on 8th March 2013 serve on each other the witness statements of themselves and of all witnesses (other than expert witnesses) on whom they intend to rely.

 

4. No party may rely on or adduce the evidence of any witness whose statement has not been served in accordance with this order without further permission from the court.

 

5. Each party shall:

 

• Serve any request for clarification or further information based on any document disclosed or statement served by another party no later than seven days after disclosure or service and...
  

 

• Reply to any such request served on it within seven days of service of the request.
  

6. Each party shall file completed Listing Questionnaires (Pre- Trial Checklists) by 4pm on the 19th April 2013. The claiment shall also pay the fee of £xxx.xx plus the hearing fee of £xxx.xx when they file the Listing Questionnaire

 

7. The case be listed for fast trial before a judge sitting at XXXXXXXX courton a date to be fixed in the period commencing 3rd June 2013 and ending 21st June 2013, with an estimated time of 90 minutes.

 

8. Parties are to file of details of witness availability within the trial window by 4:00pm on 25th January 2013. Any availability received after that date my not be taken into account when the matter is being listed.

 

9. Costs in the case.

 

10. Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.

 

Ehhm, not entirely sure what exactly is this telling me I need to do

[AndyOrch]

Today I received some correspondence from a Deputy District Judge at my local court entitled "Notice of allocation to the fast track" "Arrow Global Vs Toxic Debt" dated 28th December 2012.

 

It goes on to state that...

"It Is Ordered That"...

1. The Claim is allocated to the fast track

 

2. Disclosure of documents shall be dealt with as follows:

 

• Both parties shall give to each other standard disclosure by list, the lists to be served 4:00pm on 25th January 2013. Download the N265
  

 

• Any request for a copy, or inspection, of any document shall be completed by 8th February 2013.
  

3. Both parties shall by 4:00pm on 8th March 2013 serve on each other the witness statements of themselves and of all witnesses (other than expert witnesses) on whom they intend to rely.

 

4. No party may rely on or adduce the evidence of any witness whose statement has not been served in accordance with this order without further permission from the court.

 

5. Each party shall:

 

• Serve any request for clarification or further information based on any document disclosed or statement served by another party no later than seven days after disclosure or service and...
  

 

• Reply to any such request served on it within seven days of service of the request.
  

6. Each party shall file completed Listing Questionnaires (Pre- Trial Checklists) by 4pm on the 19th April 2013. The claiment shall also pay the fee of £xxx.xx plus the hearing fee of £xxx.xx when they file the Listing Questionnaire

 

7. The case be listed for fast trial before a judge sitting at XXXXXXXX courton a date to be fixed in the period commencing 3rd June 2013 and ending 21st June 2013, with an estimated time of 90 minutes.

 

8. Parties are to file of details of witness availability within the trial window by 4:00pm on 25th January 2013. Any availability received after that date my not be taken into account when the matter is being listed.

 

9. Costs in the case.

 

10. Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.

 

Ehhm, not entirely sure what exactly is this telling me I need to do

 

Points above hi lighted should be dealt with in the dated order.

 

Andy

[toxicdebt]

Thanks Andy.

 

Okay, Ive downloaded the N265 Form.

Do I state all the documents that I have, like every bit of correspondence from MBNA that I have kept etc, or just the ones that I will be using in my defence such as the two Credit Agreements & the Default Notice?

Am I right in thinking I have to send the form to the court?

Do I wait until GA ask for any such documents from me before filling the N265 in?

Also do I need to request documents - and which ones - from GA or is this done after both parties have submitted their N265 forms?

 

 

[AndyOrch]

Thanks Andy.

 

Okay, Ive downloaded the N265 Form.

Do I state all the documents that I have, like every bit of correspondence from MBNA that I have kept etc, or just the ones that I will be using in my defence such as the two Credit Agreements & the Default Notice? Only the docs you will rely upon and have referred to within your defence

Am I right in thinking I have to send the form to the court? No you send it to them

Do I wait until GA ask for any such documents from me before filling the N265 in? No follow the timetable above.... simultaneous exchange

Also do I need to request documents - and which ones - from GA or is this done after both parties have submitted their N265 forms? Yes but only the documents you dont have or may be of use to your defence

 

 

 

Regards

 

Andy:wink:

[toxicdebt]

Okay I think I've got it now.

One question regarding me requesting documentation from them. On the N265 it says...

• Both parties shall give to each other standard disclosure by list, the lists to be served 4:00pm on 25th January 2013.
  

 

• Any request for a copy, or inspection, of any document shall be completed by 8th February 2013"
  

Once Ive received their N265 what form do I use to request copies of their stuff I'd like to see before trial?

 

Im assuming Im filling the "I do not abject to the claimant seeing the disclosed documents" bits. Is this right?

[AndyOrch]

Yes you request what you need by the 8th from their N265.You as the defendant will have very little to disclose and should only complete the one section after the signature area.

 

Andy

[toxicdebt]

Thnaks.

[toxicdebt]

The court N265 deadline passed on the 25th Jan and Ive not received Global Arrow's N265 form from them. I sent mine to them on the 23rd Jan via special delivery.

 

The court papers state that I must request any documentation detailed in their N265 by the 8th Feb but how can I do that if they dont send me their N265 form?

 

Should I contact the court to tell them they have not complied with the court instructions / Ive not received their N265?

[AndyOrch]

" Should I contact the court to tell them they have not complied with the court instructions / Ive not received their N265? "

 

 

Yes and suggest the Court invoke sanctions.

[toxicdebt]

Okay, ta...

 

Not having done this before, does this look good enough? (not sure if I should be asking for specific "sanctions"?)

 

IN THE XXXX COUNTY COURT CLAIM NUMBER XXXXXX

BETWEEN

Arrow Global Guernsey Limited Belvedere

Claimant

And

Mr Toxic Debt

Defendant

29th January 2013

I write to inform the court that the claimant has failed to submit the N265 form by the date stated as instructed by the court – 4pm on the 25th January 2013 to the defendant. (defendant has not received the N265 to date as of the 29th January).

This failure on bhalf of the claimant to provide the information on the N265 form results in the defendant being unable to prepare his defence due to the inability to request copies of documents the claimant is preparing to submit as part of their claim.

Given that the deadline (4pm, 25th January 2013) has past & no correspondence whatsoever has been received from the claimant with regard to the N265 form to date, I would respectively request that the court invoke sanctions upon the claimant where necessary.

Mr T Debt

 

Ive tried to write it professionaly as possible rather than saying Hay court people... They didnt comply the little stinkers! Get them told & give them some of their own medicine while you're at it!

[AndyOrch]

BETWEEN

Arrow Global Guernsey Limited Belvedere

Claimant

And

Mr Toxic Debt

 

Defendant

 

 

29th January 2013

 

Claim Number xxxxxxxxx

 

Further to the District Judge Mr/MrsXXXXXXXXXX Notice of Allocation and Directions dated xxth xxxxx xxxxxxxx

 

Failure to comply with Standard Disclosure

 

I write to inform the court that the claimant has failed to submit the N265 form by the date stated as instructed by the court – 4pm on the 25th January 2013 to the defendant. (defendant has not received the N265 to date as of the 29th January).

 

This failure on behalf of the claimant to provide the information on the N265 and not complying with the courts Directions disadvantages me, being unable to verify , consider, my defence, due to the inability to request copies of documents the claimant is reliant on as part of their claim.

 

Given that the deadline (4pm, 25th January 2013) has past & no correspondence whatsoever has been received from the claimant with regard to the N265 form to date, I would respectively request that the court invoke sanctions pursuant to the CPR upon the claimant where necessary.

 

 

Mr T Debt

 

Check the red hi light TD

 

Regards

 

Andy

[SteveH2508]

BETWEEN

Arrow Global Guernsey Limited Belvedere

Claimant

And

Mr Toxic Debt

 

Defendant

 

 

29th January 2013

 

Claim Number xxxxxxxxx

 

Further to the District Judge Mr/MrsXXXXXXXXXX Notice of Allocation and Directions dated xxth xxxxx xxxxxxxx

 

Failure to comply with Standard Disclosure

 

I write to inform the court that the claimant has failed to submit the N265 form by the date stated as instructed by the court – 4pm on the 25th January 2013 to the defendant. (defendant has not received the N265 to date as of the 29th January).

 

This failure on behalf of the claimant to provide the information on the N265 and not complying with the courts Directions disadvantages me, being unable to verify , consider, my defence, due to the inability to request copies of documents the claimant is reliant on as part of their claim.

 

Given that the deadline (4pm, 25th January 2013) has past & no correspondence whatsoever has been received from the claimant with regard to the N265 form to date, I would respectively request that the court invoke sanctions pursuant to the CPR upon the claimant where necessary.

 

 

Mr T Debt

 

Check the red hi light TD

 

Regards

 

Andy

 

Change the blue highlight to passed and (/pedant off)

[AndyOrch]

Thanks Steven

 

PS A letter carries little or no weight this would be better on a N244 unfortunately their is a fee..and its not guaranteed to strike out.

[toxicdebt]

Thanks Andy, Im learning all the time. & thanks SteveH too

 

I didnt know a letter to the Judge / Court carried little or no weight. The N244 is titled 'Application Notice' and asks "What order am I asking the court to make & why"

 

I know the "why" bit but I dont know what 'order' I should be asking the Judge/court to make. Im assuming Its too soon to ask it to be struck off?

 

I've looked up the fees via this forum - £75 I believe. Its money I dont have lying round but Id find it rather than have my letter filed in the bin.

[AndyOrch]

Yes it is an application and that's the gamble at this stage. Firstly it would only incur a fee of £45 (no hearing).The order you request.... that the Court of it own initiative strike out the claim due to the Claimant failing to respond to Court Directions.

 

CPR 3 (3.3) & (3.4) & (3.10)

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03

 

As said its a gamble because the Court may issue a " Or Else " order in which the claimant will have say 7 days to comply...failing that they will then strike out.

 

Regards

 

Andy

[toxicdebt]

Done a bit research and it turns out I'm entitled to payment exemption due to me being on 'Childless' Working Tax Credits. Coupled with the fact the courts dont like letters, I've decided to use the N244 form and was wondering if the following was okay to put on it...

 

What order are you asking the court to make and why?

That the Court of it's own initiative strike out the claim due to the claimant failing to respond to Court Directions, for the reasons stated below under section 10 (Information in support of my application) of this form.

 

Have you attached a draft of the order you are applying for?

No

 

How do you want to have this application dealt with?

Without a hearing

 

What level of Judge does your hearing need?

District

 

Who should be served with this application?

Claimant

What information will you be relying on, in support of your application?

Ticked "The evidence set out in the box below":

The claimant has failed to submit the N265 form by the date stated as instructed by the court – 4pm on the 25th January 2013 to the defendant. (defendant has not received the N265 to date as of the day / month).

 

This failure on behalf of the claimant to provide the information on the N265 and not complying with the courts directions disadvantages me, being unable to verify, or consider, my defence, due to the inability to request copies of documents the claimant is reliant on as part of their claim.

 

Given that the deadline (4pm, 25th January 2013) has passed and no correspondence whatsoever has been received from the claimant with regard to the N265 form to date, I would respectively request that the court invoke sanctions pursuant to the CPR upon the claimant where necessary. [im not sure if I should state the CPR rules on the form that Andy pointed out or not? - CPR 3 (3.3) & (3.4) & (3.10)]

---------------------

Not sure if me requesting a strike out is too pushy but having said that the claimant has failed to do what they were told by the court so surely I'm not doing anything wrong... Am I?