Arrow Global vs Littlebert ****Claim Discontinued****

[littlebert8]

I'm defending two claims that are currently stayed because the claimant has failed to respond to the court after being served a copy of my Defence

 

1. Hillesdsen Securities (MBNA) since Sept 2010

2. Arrow Global (Barclaycard) since November 2010

 

Arrow refused to engage with me at all, but Hillesden did respond to a Part 18 request which I hoped would elicit some facts to clarify their absurdly vague PoC.

 

Its now been 6 months and I really don't know how to proceed. Should I take the initiative and contact the claimants or make an application to the court? Or should I just sit tight?

 

I've just got back to work after a three month absence due to depression and I don't want to leave this hanging much longer.

 

Any ideas?

[the_shadow]

You can either a) Wait for the court to eventually de-list the claim

b) Strike out the claim or get an unless order issued

c) write to the claimant advising them to withdraw their claim or you will apply to strike out and ask for costs

 

Personally I'd leave sleeping dogs lie... its got to the point they'd have to apply to the court to continue with the case now.

 

S.

[littlebert8]

Thanks Shadow,

 

When does the court de-list the claim and what is the effect of this i.e. can they start a new claim?

 

bert

[the_shadow]

Thanks Shadow,

 

When does the court de-list the claim and what is the effect of this i.e. can they start a new claim?

 

bert

 

They should have difficulty in starting a new claim if its based on the same facts/particulars of claim

 

S.

[littlebert8]

I still cant work out when the court would de-list the claim.

 

I have searched the CPR, but it isn't clear what happens after a defence is filed but before AQs are issued

[the_shadow]

I still cant work out when the court would de-list the claim.

 

I have searched the CPR, but it isn't clear what happens after a defence is filed but before AQs are issued

 

Its up to the courts what happens if neither party proceeds, before sending the AQ's out they need the fee from the claimant, if the case isnt worth it or strong enough they wont pay it.

 

If in doubt, ring the court and ask what happens next.

 

S.

[littlebert8]

Well, after nearly 3 years Arrow Global have written to me to say that they are transferring the claim to in-huse solicitors and they intend to proceed with the litigation if I do not give them repayment proposals within 14 days

 

They included a copy application form (referred to as the "agreement"), but this is barely legible microfilm and does not appear to have been executed. They have not provided a default notice or notice of assignment, as requested in my original "holding" defence.

 

It seem pretty outrageous to expect to progress a claim that has been stayed for nearly 3 years, and I know that they need to apply to the court to lift the stay. But, in practice, how can I prevent this?

[littlebert8]

here is a redacted scan of the "agreement".

 

[AndyOrch]

Wait and see if they do make application...you should be served a copy if and when...dont respond to the above though.

 

Regards

 

Andy

[littlebert8]

Received a notice of discontinuance from Arrow Global yesterday.

[AndyOrch]

Thread title amended to reflect the result.

 

Well done Littlebert.

 

Andy