Brian Carter/Arrow Global county court Summons - old MBNA C/card

[steven4064]

OK As I said, I haven't read the thread (perhaps I should )

 

So they stopped charging interest at some point in the past and are now seeking s69 interest from that point on. That is what s69(4) allows.

[Guest]

 

read the thread

[steven4064]

I should - the trouble is that I am subscribed to just under 5000 threads

[eggy12]

Hahaha this thread is getting funnier by the day !

 

Anyway, rang the court up today and said about having to get defence in by Friday as the Monday was a bank holiday.

 

The lady told me that if a defence falls on a weekend or bank holiday then im given a days grace, so, in fact i had till the Tuesday not the previous Friday.. I seem to remember that now come to think off it

 

Anyway.. They have 28 days to respond now so that should give them ample time to dig out said documents if they can !

 

In the first place this would not have happened if Miss Carter had responded correctly to my CPR request !

 

Eggy12

[Guest]

Hahaha this thread is getting funnier by the day !

 

...............Eggy12

 

hi

resolved now . (i think steven mistakenly thought that you were claiming)

anyway, as it is, my posts re s69 etc statutory interest stand.

imo

[eggy12]

Ok latest Update..

 

Dear Eggy12.

 

We Refer to recent communication.

 

Please note that we are no longer instructed in connection with this matter and have returned the account to our client.

 

Yours sincerely

 

BC

 

 

My questions to this is do i follow my defence through and turn up in court to back up my defence... I suppose i have to wait and see what happens after there 28 days are up to see what happens with this, surly they have to do something as they started it and have to in some way finish it ?

 

Eggy12

 

I also note where they say "balance" it shows £0.00 !

Edited June 9, 2011 by eggy12
added extra

[havinastella]

Ok latest Update..

 

Dear Eggy12.

 

We Refer to recent communication.

 

Please note that we are no longer instructed in connection with this matter and have returned the account to our client.

 

Yours sincerely

 

BC

 

 

My questions to this is do i follow my defence through and turn up in court to back up my defence... I suppose i have to wait and see what happens after there 28 days are up to see what happens with this, surly they have to do something as they started it and have to in some way finish it ?

 

Eggy12

 

I also note where they say "balance" it shows £0.00 !

 

 

I would send a copy of that letter to the Court straight away!

 

Jogs

[Guest]

Ok latest Update..

 

Dear Eggy12.

 

We Refer to recent communication.

 

Please note that we are no longer instructed in connection with this matter and have returned the account to our client.

 

Yours sincerely

 

BC

 

 

.......

 

looks like BC may have been dropped, or may have decided not to continue to act, as the claimants sols for some reason!

Edited June 10, 2011 by Ford
typo

[eggy12]

Welll I hope its the latter..

 

Guess its just wait and see what happens next !

 

Eggy12

[steven4064]

looks like BC may have been dropped, or may have decided not to continue to act, as the claimants sols for some reason!

This a small claims case and they thought they could just get their £80 and move on. You are obviously a "difficult customer" and they realise that they are going to lose money if they carry on. So, they run away.

[Guest]

This a small claims case and they thought they could just get their £80 and move on. You are obviously a "difficult customer" and they realise that they are going to lose money if they carry on. So, they run away.

 

 

 

"....Guess its just wait and see what happens next !"

 

 

so, claimant will either; instruct new sols (in which case notification from new sols should be forthcoming), or deal with it themselves, or withdraw/discontinue, or let it 'stay' after the 28 days?

imo

Edited June 10, 2011 by Ford

[havinastella]

Eggy, you need to find out if they are discontinuing or passing to 'New' Solicitors!

 

If they are discontinuing AND you sent in your defense, you need to be claiming your costs.

 

Jogs

[steven4064]

Yep, wasted costs order

[eggy12]

Just received a letter from Arrow Global (Manchester) giving notice of change of solicitor... Does not say who just says "This matter is now being dealt with by our specialist litigation team" !

 

Got to have the question allocation in by 27th, ive not filled one out before, what sections do i fill out ?

 

Eggy

[Guest]

eg, could consider application/direction request that the court order the claimant to comply with cpr request and disclose relevant docs, failing which will be struck out? (could try for a straight strike out, but ct might prob just do an order for them to comply within x days otherwise strike)

also, should request permission from the ct to amend defence accordingly if required.

did you get a compliant letter before claim in the first instance?

what questions are you stuck on?

imo

Edited June 23, 2011 by Ford
typo

[eggy12]

Hi ford

 

Put in my defence that i reserve the right to change defence..

 

What do you mean about "compliant letter" ?

 

Sorry just got in, how do i go about "consider application/direction request that the court order the claimant to comply with cpr request"..

 

Will go over allocation Q a bit later, its been transferred to my local so not in a mass rush for that till Monday..

 

Eggy

[Guest]

hi

 

re section F of A Q - could ask the court to direct that the claimant comply with your cpr disclosure request, failure of which then strike out? ie a draft order?

or, could try for a seperate application for strike out anyway due to non compliance?

re defence amendment - note cpr 17.1 (2) etc. as their particulars were vague and they didn't comply with cpr request you were only able to do a 'holding' type defence. if they do supply docs etc, you may need to amend defence accordingly. but, it should be allowed given the circumstances?

re letter before claim - note cpr Practice Direction re pre action (Annex A (2) for eg). whilst 'minor/technical' shortcomings may be allowed for, any non compliance of cpr pre action by a resourceful claimant should be mentioned.

imo

Edited June 23, 2011 by Ford
typo

[eggy12]

Thanks for that Ford it makes sense..But I got a little lost on the" note cpr Practice Direction re pre action " I take it this means the threat letters saying court action is imminent..

 

Although i believe the best way forward is a disclosure request, i have this nagging feeling to ask for strike out due to none compliance.Its not as if they have not had enough time to get matters organised ! Also its not my problem they used a 2 bit "solicitor" whom they have now gotten rid off.

 

Will sleep on your opinion.

 

Thanks again

 

Eggy

[Guest]

doing a seperate app'n to strike would involve a fee (unless exempt) and court may just do an order to comply in x days and if non compliance will strike out. but then again, they might just order a strike out?

if request a direction as such on A Q there would be no fee and the above might still apply? if court doesn't do such a direction from A Q could then could still do an app'n for strike?

what do you, and others, think?

imo

Edited June 24, 2011 by Ford
typo

[eggy12]

kk seems sensible... thanks

[Guest]

..........Although i believe the best way forward is a disclosure request, i have this nagging feeling to ask for strike out due to none compliance.Its not as if they have not had enough time to get matters organised ! Also its not my problem they used a 2 bit "solicitor" whom they have now gotten rid off.

 

Will sleep on your opinion.

 

Thanks again

 

Eggy

 

any thoughts? did you decide to do an app'n to strike out?

Edited June 27, 2011 by Ford

[eggy12]

Yo Ford... Put AQ in today.. Went for Directions to have them produce docs in 14 days or have SO, also said that if i dont produce defence after 14 days after 14 days of receiving, then my defence to be SO...

 

waiting game on

[Guest]

hi

ok. an app'n for SO can always be done later if necessary?

 

...also said that if i dont produce defence after 14 days after 14 days of receiving, then my defence to be SO...

 

don't get this bit?

[eggy12]

this is what i attahed to AQ

 

If the court is in agreement,

the Defendant respectfully requests that special directions may be given as per the attached draft order.

 

 

The Defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the Court further them.

 

 

The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

- Without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the Claimant to supply the requested documentation will make the case much harder for the Court to deal with this inhibits the Courts ability to deal with the case.

 

- The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 made it clear in paragraph 29 of

LORD NICHOLLS OF BIRKENHEAD judgment;

29. The courts powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1 )(a), regarding signing of agreements, is not complied with. In such cases the court shall not make an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor:

section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the courts power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62

and 63, section 127(4) precludes the court from making an enforcement order.

Its is respectfully requested this case be allocated to the small claims track, it is a straight forward case and is easily resolved on production of the required documentation by the Claimant, should the Claimant not have the documentation required to progress this case I suggest that there will be no case to answer. Therefore it stands to reason that this document must be disclosed before this case can progress any further

 

 

 

 

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations;

Copies of any original, signed and certified Default Notice and Termination Notice compliant with s87 and s98 Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended, along with proof of service and all evidence to be adduced at trial to be available to the Court during trial hearing;

Copies of any original signed and certified document, contract or deed of assignment;

Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925;

A schedule setting out each charge applied under the agreement, showing the date, amount, and reason given (if any) for that charge being made and pursuant to which contractual provision such charge was made, producing a copy of the contractual document relied upon;

Whether such charge is accepted to be a penalty, and if not why not;

If such charge is alleged to be a pre-estimate of the Claimants loss incurred by the Defendants actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

If such charge is not alleged to be a pre-estimate of the Claimants loss incurred by the Defendants actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable;

Copies of any statement or other document relied upon as showing that each and every charge has been made;

A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

Copies of decided cases and other legal materials to be relied upon;

Copies of any statement or other document relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

The Defendant shall within 14 days thereafter file and serve the following;

An amended defence sufficiently particularised in response to the documents supplied by the claimant

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[Guest]

ok.

court should trim things down and direct accordingly as they think fit.

as you say, now 'waiting game'.

imo

Edited June 28, 2011 by Ford
typo