CBS Transcom - Arrow Global - Cope's - NOTICE OF DISCONTINUANCE!!!

[pt2537]

In the Northampton County Court (CCBC)

Claim number XXXXXXX

 

 

 

 

Between

Arrow Global Receivables Manag Limited - Claimant

And

 

MM- Defendant

 

Defence

 

 

 

 

• I, XXXXX of XXXXXXXXXXXXXXXXXXXX make this statement as my defence to the claim brought by Arrow Global
  
• The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system
  
• No documents supporting the claims in the particulars have been offered nor have any dates of agreement or account numbers been stated which the defendant needs to establish what agreement it is that this action is based upon
  
• Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit
  
• Further to that above 4paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.
  

 

Statement of Truth

 

 

I xxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge

 

 

Signed …………………

 

Date

 

 

 

 

 

Dear Sirs

 

 

 

Please find attached a copy of the defence by way of service. A copy has been served to the court.

 

Despite a request for clarification of matters , you have failed to comply, accordingly I am unable to plead to the case as matters stand

 

Please serve amended particulars of claim and plead your client’s case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement upon which the claimant relies. In addition to this I would ask that copy of the default notice and assignment together with proof of service be served with the amended particulars as they are clearly relevant to your clients case and referred to with in the claim .The matter will be transferred to my home court and the claimant will have to produce the documents, in any event. In those circumstances you should plead in accordance with the CPR rather than the Northampton County Court regime.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

 

Regards

 

 

XXXXXXX

 

 

 

 

Heres a doc that i have used quite successfully, it is an interim defence that you can use

 

the letter above should be sent to Copes inviting them to plead their case effectively and if they do not in the time frames set out then make an application before the court to ask that the court strike out their case

 

I will post up a draft application shortly that again was used to good effect recently

[pt2537]

Pt2537

 

Shouldn't the defence have an extra line to ask the court for permission to lodge an amended defence if the claimant produces the documents?

 

Not necessarily,

 

Simply the tactic here is file a basic defence, then after the 7 day period given in the letter expires make an application to the court to have the case struck out or in the alternative if the court does not consider that just, then an unless order compelling the other side to file an amended pleading with permission to file an amended defence in reply

[pt2537]

 

 

Thank you so much pt2537, I am truly grateful for all of the help and support that I am receiving from all on the site.

 

Just to clarify, do I send the two letters (court and cope's) out recorded delivery?

 

Thanks again

MM

Hi,

 

I believe a friend has spoken to you with regards to this case.

 

The defence i posted is part of a wider strategy where the other side fails to put together an adequate statement of case

 

the letter is for Copes inviting them to enter a correct statement of case which adequately pleads their case . you should send the court the defence listed and also send a copy to copes with the letter above

 

after seven days have passed then you should make an application to have the court look at their case and order the necessary adjustments

 

we recently used an application against there people to good effect which i am sure you are aware

 

I have been unable to find the application that i drafted for my friend so i have asked them to forward you a copy direct.

 

I realise that the forum rules do not allow in normal circumstances for things to be done in private however due to the fact that the person concerned is still involved within proceedings we are unable to post details on this thread

 

as i said though i understand that you will be given a copy of said application to deal with this

[pt2537]

Thank you pt2537

 

Just one question, I see from the letters that you posted that I am required to sign the letter to the court but if I send a copy to cope's do I sign it or just type my name?

 

Once again, I really can't thank everyone enough for all the help.

MM

 

the letter to the court is called a Defence, it is a requirement of the CPR ( Civil Procedure Rules) Part 22 that there is a signed statement of truth in the Defence therefore you must sign the Defence, otherwise you will be prevented from relying upon it at the hearing

 

 

however, when you are sending a letter to copes you are not required to sign it

 

but you must sign the Defence when you send them a copy

[pt2537]

Yup totally spot on J2B

 

the more people make reasonable applications asking for the information which should have been pleaded in a proper claim and the more costs they get awarded against them, then the better as it will make them realise they should follow the proper rules and not cutting corners as we often see on here

[pt2537]

Right guys, I have had absolutley sod all of the requested paperwork back and the 7 days were up yesterday, but I gave it until today (just because the post around here is rubbish at the moment:roll:)

 

So now I need to do the N244 form ready to put into the court on Monday morning, any advice would be welcome, as always.

 

Thanks in advance

MM

Im sure a friend will be along shortly to assist with this;)

[pt2537]

Im sure Mighty Midget will be updating this thread shortly,

[pt2537]

LOL

 

im guessing the title says it all

 

Poor old Copes