Court claim with Arrow Global

[TOMMY2023]

So I had a debt with Debenhams, which i was paying of until 2015 . After that, i received a letter from Arrow Global they are taking over the said debt. I did ask for original agreement I had with Debenhams , terms and conditions and deed of assignment. they only sent empty default form , original credit agreement (which was a copy and not a verified copy ).they also sent Notice of Assignment ( i believe not the same as actual Deed of asignment)
This started in 2016 back and forth, I was asking for those documents (mainly evidence mainly deed of assignment). In the end, they started legal proceedings by taking me to court (business Centre Northampton in 2019). I put a defence in ,then not heard from the court or Arrows solicitors since.

However another court date was a few days ago when judge was suppose to decide if she will lift the stay, but the Arrows solicitor didn't send me any of the evidence (most important bundle was omitted) and so this was adjourned for 30 days or so. Arrows will have to email me ( as I don't have permanent address at the moment) and the judge allocated 1 hour for this court proceeding which will take place probably in Sept 2023

what do i do now ? i know i will have a chance to look properly at the claimant witness statement in full, but could i do something to stop this going ahead ? In other words, something which would make the court to dismiss this case ? Please note I didn't deny debt to Debenhams but I don't believe I owe money to Arrows as I haven't seen the agreement between Debenhams and Arrows if they supposedly sold my debt.

Please advise

[echat11]

Hi Tommy2023

Welcome to LB

Did you ever prepare a Witness Statement / Evidence Bundle?

When was the account opened?

When they email their evidence bundle, you will need to go through it, specifically the agreement, Letter of Assignment and Default Notice.

[TOMMY2023]

thank you for nice welcome . I haven't created bundle or witness statement yet but what I did I requested their documentation so I can defen myself . To my surprise they never asked for any evidence prior to hearing we had few days ago. apart from that I wanted to know is there any action i could take like filing for inspection)n for requested documents to strict proof ? i did mentioned in my previous defence that documents I asked for should be provided to strict proof hence why I posted my question can you help ?

[echat11]

thank you for nice welcome . I haven't created bundle or witness statement yet but what I did I requested their documentation so I can defen myself . To my surprise they never asked for any evidence prior to hearing we had few days ago. apart from that I wanted to know is there any action i could take like filing for inspection)n for requested documents to strict proof ? i did mentioned in my previous defence that documents I asked for should be provided to strict proof hence why I posted my question can you help ?

Somewhere along the line there must have been an a Court Order regards exchange of Witness Statements. It could be that you didn't receive it.

This is from the CPR, when you filed you Defence you would / should have done this.

“16.5 (1) In his defence, the defendant must state – (a) which of the allegations in the particulars of claim he denies;

(b) which allegations he is unable to admit or deny, but which he requires the claimant to prove; and (c) which allegations he admits.

(2) Where the defendant denies an allegation –

(a) he must state his reasons for doing so; and

(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.”

You only have 30 days so you need get them to send you their 'Bundle' go through it, make notes, see if the documents are compliant.

[TOMMY2023]

thank you , how do I know they are complaint e.g. they only said Notice of Assignment into the bundle but how do I know its real ? also should I expect Deed of assignment if they provided Notice of Assignment ? should I apply to court for aN24 for inspection of requested documents ?

[echat11]

a) 'Arrows solicitor didn't send me any of the evidence (most important bundle was omitted) and so this was adjourned for 30 days or so. Arrows will have to email me ( as I don't have permanent address at the moment)'.

As the Judge has given 30 days, she has done that for a reason, so Arrows can provide you with the Evidence Bundle, it's down to you to make sure you get it. You want it like yesterday.

b) how do I know they are complaint e.g. they only said Notice of Assignment into the bundle but how do I know its real ?

There are examples of Notice of Assignment on the net, so you compare details.

c) also should I expect Deed of assignment if they provided Notice of Assignment ?

No

d) should I apply to court for aN24 for inspection of requested documents ?

Why do you want to do that? Isn't it a case that the Judge / Court want Arrows to provide you with the documents.

[TOMMY2023]

so I have copy of original credit agreement ( not true and certified copy) , they showed me notice of assignment only default notice had no details -blank page- (last two documents received prior to court hearing to lift a stay)

Although I haven't seen the bundle yet it seems they have everything (not valid default notice) is this mean would lose ?

I thought deed of assignment was needed not just notice of assignment please note month prior top last hearing I offered them settlement which they rejected and asked for more , then added they don't want lump sum but monthly payments and Tomlin order.

>IMPORTANT : The next hearing will be about whether to lift the stay ( to inspect documents) it won't be actual trial<

[echat11]

so I have copy of original credit agreement ( not true and certified copy) , they showed me notice of assignment only default notice had no details -blank page- (last two documents received prior to court hearing to lift a stay)

Although I have not seen the bundle yet it seems they have everything ( not valid default notice) is this mean I will lose ?

I thought deed of assignment was needed not just notice of assignment please note month prior top last hearing I offered them settlement which they rejected and asked for more , then added they don't want lump sum but monthly payments and Tomlin order.

Don't Post until you've had a good look through the Evidence Bundle.

[TOMMY2023]

so i have an update: my court date was on 5th december. 2 weeks prior i just left hospital after serious operation, informed the court and claimant straight away ( 2 weeks prior 5th Dec) that im not well enough to attend, claimant applied for extension for 25 days and informed of as such but didnt tell me it was not accepted. 3 days ago i checked my email only to find out 5th dec court ordered me to join court session but as i was unwell i didn't access my email knowing it was postponed 25 days. contacted the court who would let me know the outcome and claimant said i need to fill financial statement and form N . i said i want settle in full but they keep insisting on financ statemement what do I do ?

[echat11]

To clarify, judgement has been made against you (you were unwell, you believed there would be an extension of 25 days, but that failed and a Hearing took place, providing you don't want to set a side the judgement, you want to settle the matter)?

Fill in an income and expenditure form, take into account the cost of living, energy, food etc. If you are left with £1 a month, then so be it. This isn't a priority debt.

Send a copy to the Claimant and the Court.

https://nedcab.cabmoney.org.uk/

[TOMMY2023]

I had reply from the court today following me not attending zoom meeting and outcome is as follows:

on hearing by CVP from a solicitor’s agent for the claimant and the defendant not joining the hearing And on the defendant having filed a defence which denies service of any default notice and there being no clear evidence before the Court to prove service of such a notice IT IS ORDERED that: 1. The application is dismissed. (is it their application dismissed could u elaborate pls)
2.The parties must each by 4pm on 16 December 2023 file a completed directions questionnaire in Form N180.
3. No order as to costs.

I rather settle the fill expenditure due to fact financ statement would be almost empty. I did approaching claimant saying i would settle but now i need to fill N180. im thinking of having mediator to establish final settlement so shouldnt need financ statement surely

[echat11]

Try to calm down.

Stop offering to settle the matter and do as the Court has instructed you to do.

Don't communicate with the Claimant / solicitors (if you do, write 'Without Prejudice' on the letter).

You can still prepare a I & E form, but put it aside.

https://legalbeagles.info/library/gu...uestionnaire//