Arrow Global Court Claim

[pt2537]

Re: Arrow Global Court Claim

CPR part 18 vs CPR 31.14 Confused? well read here

[Maintopman]

Re: Arrow Global Court Claim

All this has been very useful; many thanks to all who advised.

In the end I sent the Court a N244 requesting both an order compelling disclosure and postponing the timeframe for filing a defence on the grounds that this was impossible for me to achieve until having considered the documents requested from the Claimant under the legislation contained within the Consumer Credit Act 1974, i.e. true copies of the alleged agreement and deed of assignment referred to and relied upon in their Particulars of Claim.

Since the Court had confirmed on the phone that I actually have until 4 pm on Monday 8th November to get this to them, it was prepared at more leisure and sent by registered mail from another fairly close-by EU country where I now am. It should have ample time to reach them.

I am also sending the Claimant a modification of the CPR 31.14 letter referred to under Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage - I hope this is the right thing to do. But should this go to the solicitors Shoosmiths (who got a bit shirty on the phone about me corresponding with the claimant) or to the claimant Arrow?

[Maintopman]

Re: Arrow Global Court Claim

Well, two weeks and an N244 later, one full week after the latest filing date, nothing has been heard from anyone (except that I checked with the Northampton Court that they got it and the £40 payment on time). Now's the time to send another directly to Arrow, I think, in the absence of any response from the solicitors Shoosmiths.

[Boadicea]

Re: Arrow Global Court Claim

any updates, maintopman?

[Maintopman]

Re: Arrow Global Court Claim

Hello, Boadicea, yes. And I really do not understand how this works through the Courts.

I received on 20th Jan (though dated 6th) from the Bulk Court, Northampton, a Judgment for Claimant in default, giving the reason “you have not replied to the claim form” and a transfer dated 12th to Norwich County Court "for enforcement". Why to there, I have still to ascertain; I live in Wiltshire and had requested a transfer to my local County Court.

But - this is nonsense. I did correctly reply to the claim, acknowledging service and also then correctly entered a form N244 requesting disclosure of the evidence on which the Claimant relies, as previously asked for from them. Without these documents I am prevented from preparing my defence. The Court acknowledged these submissions. Nothing has been provided, however.

The Claimant also wrote to me last year to confirm they are trying to obtain the required papers and are suspending all collection activity until these documents are provided; this would clearly include any further Court action. Furthermore, they state that they do not even accept that they are indeed the creditor. This correspondence with them has continued to date, to December 2010 and right up to this month, January 8th 2011. This is another reason why judgment should not have even been applied for, in my opinion, in the light of such assurances from the Claimants themselves - they seem to have been lulling me into a false sense of temporary abeyance but 'snuck in' behind my back. Perhaps a cunning but fairly unscrupulous stunt by their solicitors 'Shooies', I don't know.

I have always been ready to defend this action but have been prevented so far from preparing any defence by this by the withholding from me of evidence relied on by the Claimant (which presumably was not provided to the Northampton Bulk Court either). One may not turn up at Northampton, as an individual or a Defendant, to contest or defend anything, they inform me.

Now – should I apply for a set aside and transfer to my local Court, or what? To whom, to Norwich County Court (not having heard from them yet) or to the Bulk Court, Northampton? How does one go about this?

I shall be away abroad from early this Thursday 27th January for up to three weeks, which makes it doubly difficult to follow this through.

Any knowledgeable input right now would be greatly appreciated – and time is indeed of the essence.

Best regards,

Maintopman

[Amethyst]

Re: Arrow Global Court Claim

On your N244 were you requesting an extension to the defence date or just requesting further info ? ie, did you follow what PT suggested ref the extension ?

If you need to apply to set aside the judgment - thats another N244 application - and as the case has been transferred to Norwich you should send the papers there, and also request the transfer to your local court. As it was at Northampton originally I expect it was a rubber stamping process rather than a sneaking in behind your back by the sols.

Reasons for setting aside - pretty much as you have said above, be helpful to see your N244 application first, but basically the truth and that you are a Litigant in person and unfamiliar with the court process.

Read breifly back through the thread and it does sound like you have had all the documents - I think we need to look at those really see what you have and havent got and whether you do actually have a legitimate defence to the claim, or whether you should be applying for redetermination (to pay by installments) rather than a set aside.

Setting aside will put the claim back to defence stage and there may be extra costs involved (court fees and the other sides costs) so best to see what case you have before asking for the set aside.

[Maintopman]

Re: Arrow Global Court Claim

Thanks, Amethyst. I applied to the Bulk Court for both an order for extension and an order compelling disclosure, back in October. Neither was explicitly granted or refused.

PT had said:

"... if they will not agree an extension of time , then you need to apply to the court on an N244. If it is simply because you need disclosure and the Claimant is failing in their duty, then the application should be made for

1) an order compelling disclosure

2) an order setting the time frame for filing the defence".

Part of my N244 form had said, without faxing or e-mailing you the whole thing:

"I have requested from the Claimant, under the legislation contained within the Consumer Credit Act 1974, true copies of the alleged agreement and deed of assignment referred to and relied upon in their Particulars of Claim. The Claimant confirms they are trying to obtain these and are suspending all collection activity until they are provided, but do not accept they are the creditor; please see copy enclosed of their letter to me dated 20th October 2010.

Without these documents I am prevented from preparing my defence. An extension of the period allowed is therefore requested together with an order properly to disclose and also a transfer of the case to my local Court."

I have grave doubts as to whether they (Arrow) are even the legitimate creditor now; if they are and indeed legitimately bought the debt, then this is certainly not for the sum they claim, since I already had a claim in to the 'original' creditor Barclaycard for charges not due (about which I am still in correspondence with them). But no, I don't think I do have all the documents as you suggest; I do not have "true copies of the alleged agreement and deed of assignment referred to and relied upon in their Particulars of Claim". Without these, how can I ascertain even whether this debt is indeed the 'property' of Arrow, who certainly do not seem to have them or to be able to put their hands on them?

Amethyst, I shall sleep on this now; perhaps Queen Mab will provide the insight. Sleep well yourself, too.

Best regards from the

Maintopman