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Backdoor CCJ Arrows/Cater - Old Lloyds Card debt - set aside ***Claim Struck Out***


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That’s a bit of a mess, to be honest, maybelate. Needs a lot of work – !

 

Luckily the judge has given you a second bite.

 

Need to see their evidence – witness statements and documents.

 

And we need the FULL background to the alleged debt.

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Phew! here are the last 2 docs (I hope) the template DN and the redacted DOA:

 

 

 

templatednpage2edited.png

 

 

 

 

 

templatednpage1edited.png

doapage4edited.png

 

 

 

 

doapage3edited.png

doapage2edited.png

doapage1edited.png

 

 

I am stuck with the revised defence now, don't know where to go with it, my original WS's were in response to the claimant's WS's can someone help me to put one together please? :) (Andy :))

 

regards

Maybe

Edited by citizenB
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The template default notice is not of any real value as they can make it so different from the one they might have sent!

 

Nearly all HBoS Dns were faulty in some way originally!

 

Is there a clause 2.2 on the agreement and is it correct to the breach they mention.

 

When was the DN supposed to have been issued ?

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Hi MBL

 

I have not had chance to read what you have uploaded yet but will run through it and assist with your revised defence on Wednesday.

 

All the best

 

Andy:wink:

We could do with some help from you.

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you said 'stuck with the revised defence now'?

#192 has judge then given you permission to submit a revised/amended defence? is there an order re this? when is new deadline?

Edited by Ford
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Hang on...

 

The account was assigned to Arrow Global Ltd, a company registered in England and Wales. This is 100% clear from the sale agreement.

 

But the claimant is Arrow Guernsey?

 

Where’s the assignment from Arrow Global Ltd to Arrow Guernsey?

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Hi Ford, yes, the details of the last hearing are also in post #192 but the outcome is that I need to file a revised defence which contains the points that I mentioned in my WS's. I haven't received an order yet but as the hearing was just before Xmas it might have been delayed but at the hearing the judge gave a deadline of Mid. January.

 

regards

Maybe

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Damn right they are. Their WS describes Arrow Global Ltd as the ‘asset manager’, but it is quite clearly shown on the sale agreement as the ‘buyer’.

 

I fear they have either omitted evidence, told a fib, or cocked up hugely.

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Hi Ford, yes, the details of the last hearing are also in post #192 but the outcome is that I need to file a revised defence which contains the points that I mentioned in my WS's. I haven't received an order yet but as the hearing was just before Xmas it might have been delayed but at the hearing the judge gave a deadline of Mid. January.

 

regards

Maybe

 

it seems then j has ordered/given permission an amended defence related to your last WS re its case management powers. see if an order on that arrives just now. yes, could poss discreetely include any assignment issues, if not already mentioned. up to j then. if already mentioned assignment then should be no probs elaborating?

Edited by Ford
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Still not had time to run through your uploads MBL but I see DB has spotted a gem. CPR 19 may be appropriate here.

 

Regards

Andy

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Hi Andy, thanks, I have looked at CPR19 but unfortunately goes straight over my Litigant's head :) Will you still be able to help me with this defence please, the deadline is creeping closer. Donkey, have you had a chance to look at the docs yet please?

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If you can post the General Order verbatim MBL and date the revised defence is required for.

 

Andy

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Hi Andy, I have not received an order after the last hearing but at the end of the hearing the judge said "I will give you until 15 January to file a revised defence which includes the points that you have raised in your WS's. After I have received the defence and digested it I will then be able to make an order".

 

Hi Donkey, on the claim form which is dated February 2012 the claimant is Arrow Global Limited, 20-22 Bedford Road, London WC1R 4JS.

 

regards

Maybe

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I've been looking through the paperwork Donkey and it seems as though it all refers to Arrow Global Limited (either the London address or the Manchester address) other than the Witness Statements where they have listed the claimant as Arrow Global Guernsey Limited.

 

Regards

Maybe

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I have not received an order after the last hearing but at the end of the hearing the judge said "I will give you until 15 January to file a revised defence which includes the points that you have raised in your WS's. After I have received the defence and digested it I will then be able to make an order
ok, then go with that. seems that that permission/direction should satisfy rule 17 re amending substance of a defence if there is any dispute on it. there should be a record of judges 'direction' on court file. could double check with court re J's direction just to be sure if there is any doubt? Edited by Ford
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