Help with defence for successful set aside judgement

[Babynoahsmum]

Thank you!! So send off a sar request to Lloyd’s and send defense to arrow at the same time? Obviously we won’t have time to wait on the sar request.

Also while I have you here, what tends to happen after I have filled my defense and the court looks at it? How does the process usually go?

[Amethyst]

Okay, so once we have the defence sorted ( I'd say aim to send it, copy to court, copy to Arrow, around 9th/10th Oct ) the court will confirm receipt. The claimant will have 28 days to respond saying if they wish to proceed. Your case is already allocated to the court where you had the set aside hearing so you shouldn't have to do allocation questionnaires / directions questionnaires, but from there it is down to the court to issue any directions, such as mediation ( if both parties chose to mediate) and set a court date for the full hearing. Once a court date is set there is usually an order to exchange witness statements ( which is where the details of the background to the claim & the debt come into it) and the claimant has to pay a hearing fee - normally around 2 weeks before the hearing.

You can get the SAR off today though

[Babynoahsmum]

Thank you very much!!

just our of curiosity is there a reason to wait to the last minute to send the defense? I noticed I didn’t receive their particular of claim until the day it was due haha. I like to be organised and timely and it appears the second isn’t a useful trait when it comes to court.

[pt2537]

You can efile a Defence at Court, as long as it is signed with a compliant statement of truth you can email the Court a copy. The County Court business centres email address is ccbc@justice.gov.uk so you could efile it on the day its due if you wanted

[Amethyst]

haha well, I do think we should ask for copies of docs first.... as they have only given very limited information and their POC is extremely vague. There's nothing wrong in being timely but you don't want to get ahead of yourself. If you send a 7 day reply letter today you can use it in the defence... while you're posting a SAR to Lloyds I think maybe write to Arrow for clarification as well.... its unlikely they'll send documents but you can include that you asked for the docs and they didn't respond/failed to provide in your defence so something like.....



Dear Arrow/Restons,

Claim xxxxxxxxx Arrow Global v babynoahsmum
REQUEST FOR COPIES OF DOCUMENTS

Thank you for providing me with a copy of your original particulars of claim as ordered by District Judge xxxxxxxxxxxxxxxxx. I am sure you will realise that there is not a great deal of information within those particulars, which are extremely vague, and it would be appreciated, to assist in my investigations and in order to fully plead my case, if you could provide me with copies of the documents on which you intend to rely in court, and on which the claim is based.

I understand the claim is for an alleged outstanding balance from an overdraft on a Lloyds current account, however this is not stated in the statement of case, and the amount claimed is simply referred to as arising from 'a contact'. I would therefore be grateful if you can provide a copy of this contract pursuant to CPR 31.14 ( documents mentioned in a statement of case ).

There is very little else 'mentioned' however in previous correspondance you have discussed a default date and notice of 06/12/2011, and a notice of assignment dated 06/12/2013. I'd be grateful if copies of these documents could be provided.

As I have previously stated it is my contention that any overdue balance would now be statute barred pursuant to the Limitations Act 1980. To that end if you could provide me with the transaction lists from the time leading up to the date of default and afterwards up to the date of your claim, and a full breakdown of the amount that you are claiming, so I may see how the sums claimed have arisen.

I'd appreciate a response with copies of the requested documents before 10th October in order that I may file my defence with the court, or indeed, consider whether a settlement proposal may be more appropriate, to further the overriding objective and save further court time and costs.

I look forward to hearing from you within 7 days.

Kind regards

Mr babynoahsmum.

[Amethyst]

Reading that back, I must be in a good mood, so feel free to make it a bit less lovey dovey xxx

So defence wise it currently would be along the ( very vague) lines of.....

1: particulars of claim are vague
2: no documents provided ( contract, noa, nod )
3: no details how sum claimed is calculated
4: statute barred
5: alternative unfair terms, excessive charges, unfair relationship, cycle of debt
6: amend defence if docs provided/particulars expanded on
6: claim denied

[Babynoahsmum]

Perfect thank you so much!! Totally on the ball now and know what I am doing for the time being!

If if I receive a response from anyone I will come back.

can I use that email address to send defense to court even though it’s already at my local court?

[Babynoahsmum]

Sent off the sar request and sent arrow the template letter you posted both first class recorded

[Amethyst]

Good stuff Just having a look at your witness statement from the set aside - you happened to notice post addressed to you ( well, hubby) at your neighbours address? Was that a letter of claim etc, or after judgment when they#d started tracing to enforce the default judgment?
So was the claim issued to an entirely wrong address or to a previous address of your husbands (ie where he lived when the account was opened/defaulted? )

[Babynoahsmum]

We live in a flat with a communal hallway ours is flat C, I noticed a letter down there addressed to my husband but addressed to flat B, opened it to see it was a letter from the baliffs (or possibly from the court regardling baliffs) I can’t be sure where the claim form ended up as I would like to think my neighbours would have passed it over but maybe they were embarrassed too. Who knows.

Thats why assume the judge was kind enough to get rid of the consent form we had signed because it was very bad practice on arrows part sending it to an address we never lived.

[Babynoahsmum]

I really wish I knew how to edit my posts my spelling and grammar is terrible I really need to start checking what I write before I press send

[Amethyst]

Should be a little "Edit" button bottom right of the light blue bar under the post If you're on mobile it doesn't show up unless you kind of hover your finger over it a bit.... but really don't worry, long as it makes sense we'll be fine xxx

Anyway, yes it went to an address you never lived at, but in terms of flat B rather than flat C .... on the copy claim form they sent you, was that issued at the same flat B address ? Presumably when your husband had the lloyds account his banking stuff actually managed to come to the right place?

[Babynoahsmum]

Just checked yes the claim form is addressed to B and when he took out the Lloyd’s account he lived with his parents and they don’t live there either now. So they obviously checked the electoral roll or his credit file so get an updated address to send the claim forms, unfortunately for then along the way somewhere someone made a typo.

[Amethyst]

That's good, and actually that prob helped with the Judge coming down so nicely on your side, as they had done a search to find new address but just cocked it up xxx

[Babynoahsmum]

Not had a response from arrow yet, I gave them till the 10th if no response by then shall I post off my defence? And add in I asked for further information and they didn’t respond?