I never acknowledged letter before claim now I've recieved claim form

[Speng1]

Hello all. I'm a bit worried now as this is my first time ever in this situation. As title says, I've now received a claim form from court.

It's from Arrow Global LTD and is for an overdraft that spiked up amounting to £5000 with court fees etc.

Now I haven't played them for 6years but I may have accidentally played £1 during this time.

I don't want a CCJ as my finances have been ok since starting g .y new job and I was hoping to buy a small flat with a small deposit.

What should I do.

Can anyone help me please ?

[Speng1]

Apologies for the typo errors. Meant to say payed

[efpom]

I assume you have received a "claim form" from the court. If so, you must respond to it within the time specified on it.

[MIKE770]

Acknowledge Claim
CPR 31.14 Request

[efpom]

There seems to me to be an error in the site's description of how cpr 31.14 plays out - it is not alone in that!

CPR 31.14, does no more than give the right to inspect documents.

If that right is exercised, the procedure for carrying out the inspection is described at 31.15, which it says, must be followed.

Shortly put, if the right to inspect at 31.14 is exercised, a notice of intention to inspect must be served and the receiving party must permit inspection within 7 days. If, after inspection, a copy of particular documents inspected is required, the receiving party is required, on receipt of an undertaking by the inspecting party to pay the receiving party the reasonable costs of copying, to hand those copies over, within 7 days of his receipt of that undertaking.

In practice, the lawyers representing the opposing parties, simply ask for and obtain disclosure,by copies, without inspection. BUT there is no right to do so.

When matters become heated, as they sometimes do, there is no option but to personally inspect, (or appoint a local agent to do so) at the place where the documents are physically held which may, and often is, abroad. Personally, I have inspected documents in English litigation, in every continent, except Australia, where copies were requested, and the other side insisted on strict compliance with CPR 31.15

I have also had to deal with the qualified fools who write to order me to produce copies within 7 days, otherwise they will apply to the court for an Order compelling copies, with costs on an indemnity basis - writing which is not the way to my heart!

One further tip on inspection of the originals - always look at the back of the document. It's amazing how many times lawyers write their notes on the back of client documents - legal privilege waived?

[MIKE770]

CPR31.14 Request all documents mentioned in the N1 form under particulars of claim only!

@pt2537

[Speng1]

Thank you all very much for your responses. I'm very worried but on Wednesday I will do as told and acknowledge etc and request documents.

The only thing i remember doing was accidentally paying £1 which I should've done to someone else ie creditor but hit the wrong button so I'm worried that it won't be statute barred.

[Speng1]

I really don't want a ccj on my file and have the money to pay the creditor to end dispute but concerned it I defend I'll end up having to pay more money. It's already over £5000.

[Speng1]

One more question. Arrow global Ltd previously offered me a reduced settlement fee. If I call them , can this court action be avoided please ?

[GBExile]

" I may have accidentally played £1 during this time"

What does that mean? Full explanation please.

[Speng1]

Hello GBexile.

What I meant was, I payed £1 to the creditor through my internet bank by mistake. I was Meant to send the payment to someone else but accidentally hit the wrong button as stupid as it sounds.

I'm aware that I possibly reset the clock for statute barred because of this ?

I've just arrived home and the Solicitor has written me advising me that if I'm in a position to settle now then I should contact them immediately. They said arrow global Ltd instructed them to issue a claim.

Would they accept a reduced amount.

ive received several letters in the past offering reduced settlement which I ignored.

Any help and advise would be greatly appreciated please.

[Speng1]

ok, so far I've acknowledged claim online.

Now im just drafting CPR 31.14 Request

1. Particulars of claim mention credit agreement held by myself

2. Mentions a default notice which was served and not complied with.

3. The balance owed was assigned from the banking group to the the claimant and the defendant (myself) being notified of the assignment by letter.

I will get this drafted up and send here for any guidance.

Thanks again.

[MIKE770]

did you tell them you have a copy of agreement?

[jaguarsuk]

There seems to me to be an error in the site's description of how cpr 31.14 plays out - it is not alone in that!

CPR 31.14, does no more than give the right to inspect documents.

If that right is exercised, the procedure for carrying out the inspection is described at 31.15, which it says, must be followed.

Shortly put, if the right to inspect at 31.14 is exercised, a notice of intention to inspect must be served and the receiving party must permit inspection within 7 days. If, after inspection, a copy of particular documents inspected is required, the receiving party is required, on receipt of an undertaking by the inspecting party to pay the receiving party the reasonable costs of copying, to hand those copies over, within 7 days of his receipt of that undertaking.

In practice, the lawyers representing the opposing parties, simply ask for and obtain disclosure,by copies, without inspection. BUT there is no right to do so.

When matters become heated, as they sometimes do, there is no option but to personally inspect, (or appoint a local agent to do so) at the place where the documents are physically held which may, and often is, abroad. Personally, I have inspected documents in English litigation, in every continent, except Australia, where copies were requested, and the other side insisted on strict compliance with CPR 31.15

I have also had to deal with the qualified fools who write to order me to produce copies within 7 days, otherwise they will apply to the court for an Order compelling copies, with costs on an indemnity basis - writing which is not the way to my heart!

One further tip on inspection of the originals - always look at the back of the document. It's amazing how many times lawyers write their notes on the back of client documents - legal privilege waived?

CPR 31.15(c):

(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

Regardless of whether the party making the request attends to physically inspect the original document, 31.15(c) requires the party in possession of the document(s) to make copies if requested and supply them not more than 7 days after the date of receipt of the request.

Thus there is a right to do so, parties may make a request and choose not to attend upon the other party, but this doesn't withdraw the obligation of the party in receipt of the request under CPR 31.15(c).

If it were the case a party requested my attendance to inspect documents under CPR 31.15(b) I would inform them I intend to inspect them 2 days before the defence deadline and if they failed to comply with 31.15(c) make an application to the court for an unless order given they are not relived of their obligations under that rule to provide copies "not more than 7 days after the date on which he received the request" and an extension to filing the defence accordingly.

A party being particularly awkward about disclosure to me signals a weakness on the part of that party or else they'd comply with their obligations, the fact is the court should sanction those who do no more robustly in my opinion to prevent some of these debt purchasing pond life filing spurious claims in the hope of scaring defendants in to paying up.

[Speng1]

did you tell them you have a copy of agreement?

No. I've had no contact with anyone or letters in years