Previous Claim From Arrow Global Struck Out, Got A Letter From Them Today...

[shan7-8-6]

Hey everybody,

 

Love this this site, helped me loads with getting a claim from Arrow Global struck out. Here is an outline of what happened:

 

-Debt was from natwest credit card from 2007

-Claim was put through Northampton County Court by Brian Carter (surprise surprise)

-When I requested the documents, they said they were handing the case to the claimant Arrow Global

-I did everything as requested by the court, had allocation questionnaire that I handed in

-Case was moved to my local court

-A country court judge ordered that before any further proceedings, a court order was made that the claimant supply the court and myself with the CCA within 28 days (I think) of the order being made

-Arrow failed to supply the CCA and the claim was struck out by the judge on the 21st of June.

 

Here is what the letter I got from Arrow said, they acknowledged that the court had struck the claim out on the 21st June and it was typed by the court on the 26th of July. After over 4-5 months since I requested a CCA they finally attached one, and it looks like it's all there. Now they are saying that if I do not communicate with them or sign the declaration (no chance) they have attached then they will reinstate the claim. Can they do this as it has been 49 days (7 weeks) since the case was struck out. Also they have not supplied the default notice, notice of assignment or anything stating how much I owe.

 

Also I was staying in Scotland at the time I signed the agreement and the address on the cca states this. I'd been living in scotland for 2 and a half years so would the debt be statute barred since it has been over 5 years (my credit file says there were 8 missed payments before the end of 2007, which I'm assuming meant the last payment I had supposedly made was back in June/July of 2007)? I'm hoping somebody can help me with this.

 

Any help would be greatly appreciated!

 

Many Thanks

Edited August 10, 2013 by shan7-8-6

[AndyOrch]

What declaration have they attached shan for you to sign?

[shan7-8-6]

What declaration have they attached shan for you to sign?

 

Hi Andy,

Sorry about the delay in replying, I've got a resit exam in a few days so I've been studying for that, not had any time to post pictures of the letters so I've just uploaded them now and you can have a look. I'd really appreciate any help I can get, I really don't need the added stress from this when I go back to uni in September for my second year. I've uploaded pictures of the letters.

 

 

[BazzaS]

I'm not an expert, and I hope one of the experts will concur, but I think they are trying it on!

 

Nothing would have stopped them getting the document they wish to rely on before starting proceedings, but they chose to waste the court's time by starting proceedings without the document they needed to rely on.

It was a risk they chose to take, and they failed to comply with the court's direction.

 

I'd hope the court resists any attempt to rescind the strike-out for this reason, and that any attempt at a "second bite of the cherry" by a different claim by the same particulars would be similarly struck out as "res judicata" : they had their chance and fluffed it by poor preparation.

[AndyOrch]

Do not sign that declaration...let them make application to reinstate if they are that confident...we can take it from there if and when.

 

Regards

 

Andy

[Mike_hawk]

Shan

 

Did you apply for costs at s/o?

 

Just thought, were you served a copy of the order or are AG referring to the electronic records available on its account?

Edited August 14, 2013 by Mike_hawk

[shan7-8-6]

Hi,

 

BazzaS - That's what I was thinking and I hope that's what the court decides if they do happen to try and reinstate.

 

andyorch - I definitely do not intend to sign it, I've not acknowledged the debt for over 5 years and I'm pretty sure its been 6 years since I made any payment towards it. Should I get a SAR from the original credit card company?

 

Mike_Hawk - I didn't apply for costs since and the agreement they sent was a copy of the one I'd allegedly signed back in 2007. I was served with a order from the court stating that the claim had been struck out if that is what you meant?

 

Thanks everybody for the help, I really appreciate it

[Mike_hawk]

It has 14 days from service to apply for relief to reinstate the claim, the reality is the period for filing can be extended if it can evidence good reason (all to be found within CPR 3)

 

In this instance the assumed/deemed service date should be 31st July , ergo it has until end of play today to apply for relief. I'm struggling to see how it could request an extension given its acknowledgement of the service date.

 

Don't know the history of your case but if you have incurred costs I'd be inclined to file an application.

Edited August 14, 2013 by Mike_hawk