Claimant threatening summary judgement on stayed ccj claim. Should I reply?

[peterfranks]

Morning Beagles.

Received a ccj claim from claimant way back in summer of 2017 (cc debt) restons for arrow for cc company
I sent in defence , requesting cca documents and with no response the case was stayed.

Now 18 months later I have got a letter from claimant (no longer using restons) with some (not all of the documents i asked for. just agreement, statements but..no assignment and a screenshot form cc records apparently showing issuance of default notice)

Should I reply to them or wait until I receive notice from the court if they go ahead?

many thanks

[jaguarsuk]

Morning Beagles.

Received a ccj claim from claimant way back in summer of 2017 (cc debt) restons for arrow for cc company
I sent in defence , requesting cca documents and with no response the case was stayed.

Now 18 months later I have got a letter from claimant (no longer using restons) with some (not all of the documents i asked for. just agreement, statements but..no assignment and a screenshot form cc records apparently showing issuance of default notice)

Should I reply to them or wait until I receive notice from the court if they go ahead?

many thanks

There is little value in playing letter tennis with these people, but a short letter stating that you do not believe the claimant has met their obligation under the Consumer Credit Act 1974 and therefore the alleged debt remains unenforceable put the onus back on them.

If they apply as threatened, you defend the application and come back when you know what their next move is - be it another letter or application to the court..

[peterfranks]

Update:

After receiving a letter saying that claimant (arrow) was dropping its representative (restons) and representing themselves...today I got a massive pile of papers from court as a "draft order"
They ask for the stay to be lifted (from over 18 months ago)
There be judgement in their favour. My defence be struck out.
There is then the court application notice followed by mountains of paperwork. (none of which contain original default notice)
There is a notice of assignment but it is from Arrow and not from the original debtor. Is this acceptable to the court?

My question is how will things proceed from here? Do I need to do anything or just sit tight and wait for the court?


thanks

[Amethyst]

Was there a covering letter with the documents the court has sent you? Has the order been made or is the court informing you that Arrow have made an ex parte application ?

Normally you'd get the application from the claimant, not from the court so double check that the court hasn't required you to do anything. If the order has been made you need to apply to set it aside / vary it to defend the app - if it hasn't been made you need to defend the application.

[peterfranks]

there is a notice to all parties that of transfer of proceedings to local court
then , from court, there is the application notice filled out by claimant.

I just don't understand how a court can drop a stay on claim after so long ( i received and defended original ccj application back in AUG 2017)

[peterfranks]

Then the main bulk is their witness statement and exhibits

[Amethyst]

They've had them lifted and summary judgment after 4/5 years previously.

Okay so the application has been made and the court has ordered it be transferred to local court. You should start putting together your defence ( form of a witness statement is usually best ) to their application.

Was your original defence solely on non compliance with the CCA or were there other issues ?

[peterfranks]

Defence was standard CCA. However since the MCOL portal has changed (i now can only access it via the HMRC gateway) i cannot access my original original defence or any claims before MCOL made the change

[Amethyst]

Should still be available through the original moneyclaim system ?https://www.moneyclaim.gov.uk/web/mcol/welcome

[peterfranks]

I try that and it just bounces me back to the gov.uk gateway. I've tried calling MCOL for advice but they have no idea. Just the usual "clear cookies and cache" which make no difference..... Its very frustrating

[peterfranks]

Ive tried putting in the original claim numbers with passwords into the "new" gateway MCOL ..no dice

[Amethyst]

If you go to log in on MCOL it takes you to the govt gateway to log in then takes you back to the MCOL system afterwards... tells me to register as I don't have a current claim in the system. When you signed in to submit your acknowledgement of service then defence you should have obtained gov't gateway log in details? Anyway if not you could email the court and ask for a copy of the defence to be emailed to you as you are having problems logging in - though they might try and charge you a tenner for it....

2019-03-26 12_18_14-Action Centre.png

2019-03-26 12_18_33-Start.png

2019-03-26 12_18_46-Start.png

[peterfranks]

Thanks Amethyst... I'll give it go

[peterfranks]

well I am planning to spend my bank holiday writing my defence for this since the local court case is set for a couple of weeks. I could really use some help,

I have enclosed some (redacted) copies of their statement to the court and their proofs. My two main questions are: is a computer screen shot a valid document to prove original default was sent? And the letter of assignment is from the claimant themselves and not from the original creditor..is this enough for them?

the first attachment is their original ccj attempt from 2017

[peterfranks]

next is their claim for summary judgement 18 months later