URGENT HELP PLEASE: Arrow Global County court claim

[Dizzy]

Re: URGENT HELP PLEASE: Arrow Global County court claim

The letter dated 31st March was my CCA request, yes I received an email from the court and they needed evidence of my booking for our holiday which I sent to them and I haven't heard anything more.

Would it be worth my while phoning the court after 15th May to find out if they have paid the court fee?

Sorry Amethyst I am not sure if you saw my last thread - many thanks once again

[Amethyst]

Re: URGENT HELP PLEASE: Arrow Global County court claim

The letter dated 31st March was my CCA request, yes I received an email from the court and they needed evidence of my booking for our holiday which I sent to them and I haven't heard anything more.

Would it be worth my while phoning the court after 15th May to find out if they have paid the court fee?

Give them a call Monday - give them a couple days to log stuff on the system (ie tempting as it might be to ring at 4pm today ), you can combine the call with checking they are sorting the court hearing dates ref your holiday

[Dizzy]

Re: URGENT HELP PLEASE: Arrow Global County court claim

Thank you Amethyst, sounds like a good plan!!

[Dizzy]

Re: URGENT HELP PLEASE: Arrow Global County court claim

Hi Amethyst

I phoned the court this morning and they rearranging another hearing date, also Arrow Global paid the fee but the form they completed was incorrect so they had to return it to them and are waiting for their response - sounds like they are waiting for my response before they send the form in - any thoughts please?

Thanks

[Dizzy]

Re: URGENT HELP PLEASE: Arrow Global County court claim

Hi Amethyst

I phoned the court this morning and they rearranging another hearing date, also Arrow Global paid the fee but the form they completed was incorrect so they had to return it to them and are waiting for their response - sounds like they are waiting for my response before they send the form in - any thoughts please?

Thanks

Any idea on what I should do next please Amethyst - do I phone up Arrow and accept their discount, bearing in mind I bodged up the witness statement or should I hold fire?

Thanks

[Amethyst]

Re: URGENT HELP PLEASE: Arrow Global County court claim

Sorry thought I replied earlier - I must have forgotten to press submit

Have you had a reply to your CCA letter ?

What do you want to do ? Do you know what the debt is now and agree with the amount being claimed? (as your defence does state you deny any debt is owed)

The offer isn't bad, you'd need it putting under a tomlin order so you don't have the CCJ, and it's £50 a month which is likely similar to what you'd be ordered to pay at court on the full sum should you lose.

[Dizzy]

Re: URGENT HELP PLEASE: Arrow Global County court claim

No worries, no I haven't had a reply to my CCA letter, the problem is I cannot afford to pay £50 per month, I know the debt is for my Capital One Credit card that I had years ago. Would it be worth me phoning them tomorrow to ask if they would accept a less amount monthly?

[Dizzy]

Re: URGENT HELP PLEASE: Arrow Global County court claim

No worries, no I haven't had a reply to my CCA letter, the problem is I cannot afford to pay £50 per month, I know the debt is for my Capital One Credit card that I had years ago. Would it be worth me phoning them tomorrow to ask if they would accept a less amount monthly?

Hi Flamingparrot do you have any suggestions please?

[Amethyst]

Re: URGENT HELP PLEASE: Arrow Global County court claim

No worries, no I haven't had a reply to my CCA letter, the problem is I cannot afford to pay £50 per month, I know the debt is for my Capital One Credit card that I had years ago. Would it be worth me phoning them tomorrow to ask if they would accept a less amount monthly?

No don't do that. If they haven't responded with the credit agreement then that is a barr to them enforcing the debt, it isn't insurmountable but it puts the ball back in your court. Your defence states they haven't given you the information required to defend or admit the debt and that position hasn't changed. Don't let them intimidate you with offers and mucking about with court procedure.

[Dizzy]

Re: URGENT HELP PLEASE: Arrow Global County court claim

Many thanks Amethyst. So presumably just wait until the hearing date has been rescheduled?

[Amethyst]

Re: URGENT HELP PLEASE: Arrow Global County court claim

I'm sorry if FP and I made you feel your defence was terrible, it isn't, it's fine, it's a bit generic but so is their claim. Have made some brief comments but really it is okay - and we can submit a witness statement before the hearing ( 14 days prior) with all the updated info on





1. This claim is neither admitted nor denied with regards to the
Defendant entering in to an Agreement or contract referred to in
the Particulars of Claim ('the Agreement' or contract) the
Claimant has yet to disclose any Agreement or contract as to the
defendants CPR 31.14 Request.

Okay that's fine - they haven't complied with the CPR request and still haven't produced any agreement



2. The defendant has absolutely no knowledge of any debt, and
despite asking for proof a debt exists nothing has been
forthcoming.

That will need amending later but its fine you have worked out what the debt is by your own investigations since entering the defence.


3. No documents supporting this claim in the particulars have been
attached despite a request under CPR 31.14, and as a result of
this, the defendant is unable to plead in defence to this claim.

True


4. Without clarification of the claimants claim, the defendant is
extremely disadvantaged and the claimants claim appears to be
without merit. The defendant asks to be allowed to submit a
complete defence should the claimant provide copies of the
original document he will rely on.


True again



5. The particulars of claim are denied with regards to the
Defendant owing any monies to the Claimant and the Claimant is put
to strict proof to:

(a) show how the Defendant has entered into an agreement or
contract with the Claimant, and
(b) show how the Defendant has reached the amount claimed for, and
(c) show how the Claimant has the legal right, either under
statute or equity to issue a claim.

Absolutely fine

6. As per Civil Procedure Rule 16.5(4), it is expected that the
Claimant prove the allegation that the money is owed.

7. Furthermore, if the Claimant is an assignee of a debt, it is
denied that the Claimant has the right to lay a claim due to
contraventions of Section 136 and 196 of the Law of Property Act
1925 and Section 82 (a) of the Consumer Credit Act 1974.

Bit odd but you do need the assignment and evidence you were informed of such assignment - they have sent that now I think

8. The claimant has failed to comply with sections 111 AND 1V of
the pre action conduct 'practice directions'

Typo but fair point - claimant has sent copy of their supposed preaction letter now

9. By reason of the facts and matters set out above, it is denied
that the Claimant is entitled to the relief claimed or any relief.

Fine

10. For avoidance of doubt, the defendant is unable to plead
effectively or at all to the particulars of claim

Fine

[Amethyst]

Re: URGENT HELP PLEASE: Arrow Global County court claim

So yes wait for new hearing date, ignore their shennagins, keep all the documents together --- we can go through and write a witness statement now which we can update as and when new stuff happens, if it does, so you feel a bit more in control and on top of things, save panicking ?

[Dizzy]

Re: URGENT HELP PLEASE: Arrow Global County court claim

Thank you Amethyst, I think I did the defence statement in a rush and I thought by digging around on this site I could do it alone and time was running out, so no need to apologise, it was my own carelessness. :tinysmile_hmm_t2:

I will need to dig out the assignment, from memory I believe I have to provide something to the court in June - I have two posts on this site and it is all blurring in to one another

[Dizzy]

Re: URGENT HELP PLEASE: Arrow Global County court claim

All the letter said was the judge has considered the statements of case and questionnaires filed and allocated the claim to the small claims track.

A hearing fee of £335.00 is payable by 15 May by the claimant unless a counterclaim for a fee concession, failure to pay will result in the hearing being removed from the list - will be refunded if case is settled or discontinued before hearing date. Each party to deliver to the court office all documents on which he intends to rely at the hearing no later than 13 June 2014. The original docs to be brought to the hearing.


Each party must include with the docs filed and served written statements of his or her own evidence and that of any witnesses.


The court may decide not to take in to account a document or the evidence of a party or witness if these instructions have not been complied with.

Costs in the case.


Then it goes on about case being suitable for mediation.

This is the paragraph - do I send in all the documents I have received to date?

[Amethyst]

Re: URGENT HELP PLEASE: Arrow Global County court claim

It's okay - you did fine - and you got the CPR and CCA requests off, and the claim acknowledged More than a majority of defendants who don't try and find help and just panic and pay at the thought of a court claim. We try to stay away from templates as much as possible because every case is individual and not everything in one case will apply to another. I understand how stressful it is too, been there a couple times lol. Sometimes you might not get answers straight away but its always okay to pm someone to have a look at your thread. A lot of these cases are more like a game of chess with parties trying to out manoeuvre one another, sadly the DCA's are more experienced and thus better at it than the average defendant but you have a site full of people who have been through similar and come out on top, and on bottom, and we'll support you all we can.

Thank you Amethyst, I think I did the defence statement in a rush and I thought by digging around on this site I could do it alone and time was running out, so no need to apologise, it was my own carelessness. :tinysmile_hmm_t2:

I will need to dig out the assignment, from memory I believe I have to provide something to the court in June - I have two posts on this site and it is all blurring in to one another