Arrows claimform - old GE debenhams Storecard + PPI counter claim

[dx100uk]

they'll need the signed CCA to win

send it back to arrows

 

 

dx

[Pumpkinhead]

Hi DX

 

Sorry brain has turned to pap with all of this!!! Can you explain a bit more for me please? Thanks.

[dx100uk]

why

 

 

no cca - no case to answer m'lud..

 

 

dx

[Pumpkinhead]

What will happen if I don't return the N149A (see post 25 this thread)

[dx100uk]

i'll let andy ans that

not my bag legals

 

 

dx

[Pumpkinhead]

Hi Can anyone have a look at this for me please. Would really appreciate some help with this.

[Andyorch]

You simply complete the N180 and return it by the stated date......the process is slightly confusing now in that you are now a Defendant/Claimant because of your counter claim and the claimant is a Claimant/ defendant to your part 20 claim.

 

Have they made any response to your counter claim?

[Pumpkinhead]

Hi Andyorch

 

No, no response from them regarding my counterclaim as yet. What happens if I don't return the N180?

[Andyorch]

Your defence and counter claim will be struck out.

[Pumpkinhead]

and if they don't file an N180 is their claim struck out or does it just get stayed?

 

Have I been sent the N180 because of the counter claim I've filed? I'm thinking this must be the case as I haven't received one with another claim I was involved in in the past - it just went quiet and I didn't hear anything else from the other side - I believe it is stayed

[Andyorch]

and if they don't file an N180 is their claim struck out or does it just get stayed? Struck out...but why would they not file it?

 

Have I been sent the N180 because of the counter claim I've filed? Yes they have informed the court they wish to proceed I'm thinking this must be the case as I haven't received one with another claim I was involved in in the past - it just went quiet and I didn't hear anything else from the other side - I believe it is stayed

That can happen if they dont wish to respond

[Pumpkinhead]

Is it OK to reject the offer (contained in the documents from the Court) offering mediation, or will this go against me?

[Pumpkinhead]

Andy - what do you think about the letter Arrow sent me (see post 25 and detailed below)

 

Dear Mr X

Arrow Global Ltd Account XXXXX

ASSIGNED BY Santandericon (Account No xxxxx)

 

We thank you for your letter dated xxx received on xxx and acknowledge your request for documentation pursuant to the consumer crediticon Act 1974.

 

We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course.

 

We return the payment of £1.00.

 

Should I reply to this in any way or send the £1 back again. Are they trying to trick me in some way.

 

Also they've not replied to the CPR31.14 - am I right that if they don't reply and this gets to court that and the (hopefully) failure to reply to S78 request will go against them.

[Andyorch]

Is it OK to reject the offer (contained in the documents from the Court) offering mediation, or will this go against me?

 

No all parties are expected to participate in mediation...you will be ticking yes on your N180 also

 

Andy - what do you think about the letter Arrow sent me (see post 25 and detailed below)

 

Dear Mr X

Arrow Global Ltd Account XXXXX

ASSIGNED BY Santandericon (Account No xxxxx)

 

We thank you for your letter dated xxx received on xxx and acknowledge your request for documentation pursuant to the consumer crediticon Act 1974.

 

We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course.

 

We return the payment of £1.00.

 

Should I reply to this in any way or send the £1 back again. Are they trying to trick me in some way. They are trying to avoid their responsibilities...they are the creditor...and if they insist they are not then they cant be the claimant either(legally)

 

Also they've not replied to the CPR31.14 - am I right that if they don't reply and this gets to court that and the (hopefully) failure to reply to S78 request will go against them.

Have you not already referred to this in your defence? The CPR 31 wont the section 78 will

 

Pumpkin you really should be just concentrating on returning your DQ (N180) not all the above guff.

 

Andy

[Pumpkinhead]

OK. I've completed the N180 and ticked yes for mediation and asked for court closer to my home etc.

 

I will send it off to the Court and a copy to the claimant also. Is this right?

[Andyorch]

Yes as per the instructions enclosed with the N180

[Pumpkinhead]

Quick update.

 

Have received nothing else from Court or other side since I returned the n180 on 5 Nov, 2 days before the deadline.

 

 

I sent the other side a copy of it too.

 

 

Surely the other side (original claimant) should have filed their defence to my counter claim by now.

Am I right in thinking this?

 

Also still not received any docs following my S 78 request apart from the letter from the claimant (details in earlier post)

saying they don't consider themselves the creditor and saying they'd have a look for the docs,

which is potentially good news I think especially if they don't ever send anything and this ends up in court.

 

Is there some deadline by which the other side has to do something or the case gets stayed or I automatically win my counter claim?

 

Thoughts appreciated.

[Andyorch]

You only submitted your DQ 30th Oct....24 days ago....were as the 5th June come from:???:

[Pumpkinhead]

Sorry meant 5 nov. Have amended post now.

[Andyorch]

Quick update.

 

Have received nothing else from Court or other side since I returned the n180 on 5 Nov, 2 days before the deadline.

 

 

I sent the other side a copy of it too. Just be patient...they will respond with the Notice of Allocation and directions

 

Surely the other side (original claimant) should have filed their defence to my counter claim by now.

Am I right in thinking this? They dont file a defence..they just instruct the court to proceed

 

Also still not received any docs following my S 78 request apart from the letter from the claimant (details in earlier post)

saying they don't consider themselves the creditor and saying they'd have a look for the docs,

which is potentially good news I think especially if they don't ever send anything and this ends up in court.Precisely..but not " if " it is going to trial

 

Is there some deadline by which the other side has to do something or the case gets stayed or I automatically win my counter claim? Not after the DQs have been sbmitted ...its proceeding (albeit slowly)

 

Thoughts appreciated.

 

Andy

[Pumpkinhead]

Ok thanks Andy. I will post again when I have something to report.

[Pumpkinhead]

Morning all.

 

 

I've received a letter from the Court which if I've understood it correctly gives me a bit of hope that this matter will not progress.

 

 

The letter which is a General Form of Judgment or Order and which lists Arrow as the Claimant and me as the Defendant

(after a bit of blurb about the judge and which court etc says:

 

Upon the Courts Own Initiative

Is is Ordered that

Unless the claimant do by 4pm on (a date in a few days time)

pay the fee and file and serve the directions questionnaire

the claim and defence to counterclaim be struck out without further order.

 

So am I right in thinking if Arrow don't do anything it will be game over for them in a few days time?

 

 

Would this also mean that I would automatically win my counter claim

or would I have to pursue that further?

 

Look forward to hearing your thoughts

 

 

Caggers.

[dx100uk]

it means there claim against you will be struck out

 

 

and that

 

 

your counter claim is also struck out.

 

 

you would the pursue the PPI

in the normal manner against the OC

 

 

dx

[Pumpkinhead]

Good, that's what I thought. I shall keep my fingers crossed and start counting the days ......

I'll let you know what if anything happens next.

[Andyorch]

" Would this also mean that I would automatically win my counter claim "

 

Only if you notify the court that you wish your counter claim to proceed.

 

Andy