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Summary
I had a credit card with lloydstsb which I stopped using in 2015 and had a £2650 balance on it
In April 2017 I was contacted by Capquest debt recovery saying they were working on behalf of Arrow Global Ltd to recover the debt.
In August 2107 I started to receive letters from Restons Solicitors acting on behalf of Arrow Global
Some months ago (cant remember exactly when - and during recent house move have mislaid the paperwork) I received notification of court proceedings.
I wrote to Arrow Global requesting original agreement, proof of debt, proof of assignment etc etc. I heard nothing back until a few weeks later when the court wrote to me to say there had been a 'stay on proceedings' Great I thought - especially when I heard nothing for many months.
...........until last week when I received (from County Court Business Center) a Notice of change of legal representatives to Restons Solicitors, and an application (N244) for the stay to be lifted and summary judgement made . The application to be dealt with at a hearing. The wording is as follows.
"The claimant seeks an Order for the Stay on Proceedings to be lifted, and for Summary Judgment pursuant to CPR 24.2(a)(ii) and (b) and/or an order striking out the Defendant's defence pursuant to CPR r3.4 (2) (a)
The Claimant pleads that the defendant's statement of case discloses no reasonable grounds for defending the claim.
The Claimant further pleads that the Defendant has no real prospect of successfully defending the claim.
The Claimant draws the Defendant's attention tot he CPR 24.5(1)(a) and (b) which states that if the defendant wishes to rely on written evidence at the hearing, he must file the written evidence etc etc ect"
HELP !!!
Can I stop the stay from being lifted and prevent summary judgement being made?
There are a few of things I am not happy with
1) There was a stay granted by the court - what has changed for this to be lifted?
2) They have provided a witness statement and copies of 5 documents. One of these is a 'screen shot' of a Lloyds computer system that the claim says shows the date of the default notice. This copy is so blurred that I cannot make out the date of default or several other key details - Can I place a defence that the document provided is unreadable? (and also, do they not have to provide me with the original default notice ? Is it OK that they only provide a screenshot from a PC?)
3) They have sent copies of Online Banking Application and Terms and Conditions (the photocopy of the T&C's is virtually unreadable and has the interest rates section redacted with a pen) - Is this acceptable?
4) They have sent copies of Notice of Assignment that they claim were posted to me, not originals. Is this allowed?
5) Will I be given the opportunity to be present at the hearing if it goes ahead?
Any advice would be most appreciated - I lost my job in 2015 and have been really struggling since. I have managed to prevent any CCJ;s but my credit score is very poor.
In advance - my gratitude is eternal
Mike
I had a credit card with lloydstsb which I stopped using in 2015 and had a £2650 balance on it
In April 2017 I was contacted by Capquest debt recovery saying they were working on behalf of Arrow Global Ltd to recover the debt.
In August 2107 I started to receive letters from Restons Solicitors acting on behalf of Arrow Global
Some months ago (cant remember exactly when - and during recent house move have mislaid the paperwork) I received notification of court proceedings.
I wrote to Arrow Global requesting original agreement, proof of debt, proof of assignment etc etc. I heard nothing back until a few weeks later when the court wrote to me to say there had been a 'stay on proceedings' Great I thought - especially when I heard nothing for many months.
...........until last week when I received (from County Court Business Center) a Notice of change of legal representatives to Restons Solicitors, and an application (N244) for the stay to be lifted and summary judgement made . The application to be dealt with at a hearing. The wording is as follows.
"The claimant seeks an Order for the Stay on Proceedings to be lifted, and for Summary Judgment pursuant to CPR 24.2(a)(ii) and (b) and/or an order striking out the Defendant's defence pursuant to CPR r3.4 (2) (a)
The Claimant pleads that the defendant's statement of case discloses no reasonable grounds for defending the claim.
The Claimant further pleads that the Defendant has no real prospect of successfully defending the claim.
The Claimant draws the Defendant's attention tot he CPR 24.5(1)(a) and (b) which states that if the defendant wishes to rely on written evidence at the hearing, he must file the written evidence etc etc ect"
HELP !!!
Can I stop the stay from being lifted and prevent summary judgement being made?
There are a few of things I am not happy with
1) There was a stay granted by the court - what has changed for this to be lifted?
2) They have provided a witness statement and copies of 5 documents. One of these is a 'screen shot' of a Lloyds computer system that the claim says shows the date of the default notice. This copy is so blurred that I cannot make out the date of default or several other key details - Can I place a defence that the document provided is unreadable? (and also, do they not have to provide me with the original default notice ? Is it OK that they only provide a screenshot from a PC?)
3) They have sent copies of Online Banking Application and Terms and Conditions (the photocopy of the T&C's is virtually unreadable and has the interest rates section redacted with a pen) - Is this acceptable?
4) They have sent copies of Notice of Assignment that they claim were posted to me, not originals. Is this allowed?
5) Will I be given the opportunity to be present at the hearing if it goes ahead?
Any advice would be most appreciated - I lost my job in 2015 and have been really struggling since. I have managed to prevent any CCJ;s but my credit score is very poor.
In advance - my gratitude is eternal
Mike
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