Arrow global/ Blake Lapthorn sent county court claim form

[dazza280266]

hi all,

Hope someone can help, i have just recieved a county court claim form from northampton bulk with the claimant being Arrow Global via Blake Laphorn ( whos name ive not come across on forums ive read).

It actually was forwarded from my previous address to my new address ( 3 years since), therefore i have had no warning letters at my new address previously. particulars of the claim are as follows.

the claimants claim is for the sum of £6118.75 being monies due from the defendant to the claimant under a regulated agreement between the defendant and HBOS and assigned to the claimant. Notice of the assignement has been provided to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974 and the claimant claims the sum 6118.75 together with the costs of this claim.

the total amaont being claimed including costs is 6408.75.

Now. i cant recal the above debt, but if it does exist it would be from about 5 and a half years ago. also i have never acknowledged the debt with arrow nor, as i said, had any warning letters previous to the court form here at my new address.

I do intend to defend it. my questions are

1. should i ask for proof of the debt from arrow/solicitor

2. if they send proof back to me of the original account with HBOS should i then send my defense back to court saying that as arrow have bought my debt (effectively paying my debt off) and i have no signed agreement with arrow. they have no right to ask me to pay them.

3. if the above points go against me, would i still be able to fill in the expenditure form and ask for time to pay.

I know this is a long question, but i would really appreciate any help with this

Thanks a lot
Daz

[pt2537]

Re: Arrow global/ Blake Lapthorn sent county court claim form

hi all,

Hope someone can help, i have just recieved a county court claim form from northampton bulk with the claimant being Arrow Global via Blake Laphorn ( whos name ive not come across on forums ive read).

It actually was forwarded from my previous address to my new address ( 3 years since), therefore i have had no warning letters at my new address previously. particulars of the claim are as follows.

the claimants claim is for the sum of £6118.75 being monies due from the defendant to the claimant under a regulated agreement between the defendant and HBOS and assigned to the claimant. Notice of the assignement has been provided to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974 and the claimant claims the sum 6118.75 together with the costs of this claim.

the total amaont being claimed including costs is 6408.75.

Now. i cant recal the above debt, but if it does exist it would be from about 5 and a half years ago. also i have never acknowledged the debt with arrow nor, as i said, had any warning letters previous to the court form here at my new address.

I do intend to defend it. my questions are

1. should i ask for proof of the debt from arrow/solicitor

2. if they send proof back to me of the original account with HBOS should i then send my defense back to court saying that as arrow have bought my debt (effectively paying my debt off) and i have no signed agreement with arrow. they have no right to ask me to pay them.

3. if the above points go against me, would i still be able to fill in the expenditure form and ask for time to pay.

I know this is a long question, but i would really appreciate any help with this

Thanks a lot
Daz

Interesting

Blake Lapthorn arent a name id associate with this type of work but of course they are sols who can take instructions from where they like i guess.

Ok

What can you ask for

CPR Rule 31.14 allows you to ask for documents mentioned in a statement of case. So you can ask for a copy of the following in my view

1) Agreement
2) Default notice
3) Notice of assignment


CPR 31.15 provides a request for inspection must be allowed within 7 days from reciept

CPR Rule 15.5 allows you to seek an extension of time for filing your defence, you can ask for 28 days on top of the 28 days you already have

Get the info you need first

then you can look at where you can go from there

[Guest]

Re: Arrow global/ Blake Lapthorn sent county court claim form

Hi do you live in England or Scotland?

D

[dazza280266]

Re: Arrow global/ Blake Lapthorn sent county court claim form

hi. i live in england

[dazza280266]

Re: Arrow global/ Blake Lapthorn sent county court claim form

Interesting

Blake Lapthorn arent a name id associate with this type of work but of course they are sols who can take instructions from where they like i guess.

Ok

What can you ask for

CPR Rule 31.14 allows you to ask for documents mentioned in a statement of case. So you can ask for a copy of the following in my view

1) Agreement
2) Default notice
3) Notice of assignment


CPR 31.15 provides a request for inspection must be allowed within 7 days from reciept

CPR Rule 15.5 allows you to seek an extension of time for filing your defence, you can ask for 28 days on top of the 28 days you already have

Get the info you need first

then you can look at where you can go from there

thanks for that. sorry for being thick but are there any template latters i can use and which do i send to solicitors and which would i send to court. also. if all this goes wrong way for me, could i still go back to putting an offer of monthly payment and fill the expenditure form out or will they just ask for the whole lot because of a failed defense. once again sorry for my lack of intelligence on this subject

[Guest]

Re: Arrow global/ Blake Lapthorn sent county court claim form

Hi

The main thing is, to get the reply sent off, if you do't they will register a default judgement against you. If you defend and lose the court can award a forthwith judgment, which means you will have to pay the full judgment, however you can request that the court considers giving you time to pay.

I think i would be inclined to defend and request the info as per Pauls post, you never know the action may be statute barred or unenforceable, however the choice must be yours, if you do owe the money you may decide it is better to admit and make an offer.

There is a sample cpr 31 letter on here somewhere, if you decide to defend.

D

[dazza280266]

Re: Arrow global/ Blake Lapthorn sent county court claim form

thanks for that. i really dont know about owing the money . i had an awful lot going on around the time including a divorce and moved house twice. i shall acknowledge to the court asap but hold out on the defense part until the cpr 31.14 demand. if they dont come up with the goods within the allotted time what would the next step be. (just for heads up info) although im sure i will be back on here for advise after... so glad informed people are here.

Thanks very much

[Guest]

Re: Arrow global/ Blake Lapthorn sent county court claim form

thanks for that. i really dont know about owing the money . i had an awful lot going on around the time including a divorce and moved house twice. i shall acknowledge to the court asap but hold out on the defense part until the cpr 31.14 demand. if they dont come up with the goods within the allotted time what would the next step be. (just for heads up info) although im sure i will be back on here for advise after... so glad informed people are here.

Thanks very much

Hi
It really depends on what info you receive, but it would be a matter of compiling an initial defense.

D