Arrow & Court Papers What to do?

[alham]

Re: Arrow & Court Papers What to do?

It sounds like militant is on your case but if anything I can help as well.

[mystery1]

Re: Arrow & Court Papers What to do?

I guess you asked for a default notice ? They are correct that they haven't mentioned it so they can withhold that. If you asked for assignment documents then they have mentioned that so should comply.

Who signed the claim form for them ?

M1

[miliitant]

Re: Arrow & Court Papers What to do?

1. This claim is neither admitted nor denied with regards to the Defendant entering in to an Agreement or contract referred to in the Particulars of Claim ('the Agreement' or contract) the Claimant has yet to disclose any Agreement or contract as to the defendants CPR 31.14 Request. The claim fails to disclose any cause of action and is extremely vague in nature. The claim fails to deal with the basic rules of CPR, even allowing the constraints of a bulk issuer.

2. The defendant has no knowledge of this alleged account, therefore the Claimant is placed to strict proof there of:

No documents supporting this claim in the particulars have been offered despite a request under CPR 31.14, and as a result of this, i am unable to plead in defence to this claim.

3. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appers to be without merit. The defendant asks to to be allowed to submit a fully particularised defence should the claimant provide copies of the original document he will rely on.

4. The particulars of claim are denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement or contract with the Claimant; and
(b) show how the Defendant has reached the amount claimed for; and
(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 and 196 of the Law of Property Act 1925 and Section 82 of the Consumer Credit Act 1974.

7. The claimant has failed to comply with any, as far is necessary , with section 111 AND 1V of the pre action conduct practice directions"

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

9. Further to the above eight paragraphs, the defendant is unable to plead effectively or at all to the particulars of claim


OK PEOPLE, VIEWS ON THE ABOVE DEFENCE TO THE CLAIM, THE POINT BEING THE DEFENDANT HAS NO SUPPORTING DOCUMENTS TO BE ABLE TO PARTICULARISE A DEFENCE

WE GO FOR A STRIKE OUT THEN IF IT GETS TO THE AQ STAGE

COMMENTS PLEASE

[alham]

Re: Arrow & Court Papers What to do?

1. Paragraph 1 is neither admitted nor denied.

PARTICULARS

(1) The Claimant has yet to disclose any Agreement or contract following the request by the Defendants under CPR 31.14.



2. The Defendant is unable to admit or deny Paragraph 2 of the Claim [please check] as she has no knowledge of this account, therefore the Claimant is placedto strict proof thereof.

PARTICULARS

(1) The Claimant produced no documents in support of this claim despite a request under CPR 31.14.


3. The Defendant denies any knoweldge of the debt listed in the Particulars of the Claim and the Claimant is put to strict proof thereof:

PARTICULARS

(1) a copy of an agreement or contract between the Claimant and the Defendant;
(2) detailed calculation proving the debt claimed in [ Paragraph of Claims Particulars] as per CPR 16.5(4); and
(3) proof that the Claimant has acquired the right to the debt claimed.



6. If, which is denied, the Claimant has been assigned the debt, it is denied that the Claimant has the right to make a claim that contravenes Section 136 and 196 of the Law of Property Act 1925 and Section 82 of the Consumer Credit Act 1974 [miliitant, bowing to your knowledge].

7. The claimant has failed to comply with any of the pre-action CPR Rules [miliitant, which ones?]

8. The Defendant condends that without supporting documentation the Claimant's claim appears to be without merit. The Defendant asks for permission to submit a fully particularised defence once the Claimant supplies copies of original documents that support this claim.

9. For avoidance of doubt, the Defendant, having no knowledge of the facts contained in the Particulars of the Claim, is thus unable to admit or deny any and all statements contained in the Particulars of Claim.


OK PEOPLE, VIEWS ON THE ABOVE DEFENCE TO THE CLAIM, THE POINT BEING THE DEFENDANT HAS NO SUPPORTING DOCUMENTS TO BE ABLE TO PARTICULARISE A DEFENCE

WE GO FOR A STRIKE OUT THEN IF IT GETS TO THE AQ STAGE

COMMENTS PLEASE

I've changed a few bits, see if you like it.

[lizzy1]

Re: Arrow & Court Papers What to do?

Sorry been trying to post but the site keeps logging me out for some reason just lost everything again.

Have received a letter today from arrow
it says
" debt owed to arrow assigned by sainsburys
we thank you for your letter dated xxxx the contents of which have been noted.
We have referred your correspondence to our external agent restons who is currently managing your account on our behalf.
They will contact you in due course.
Should you wish to discuss the matter in the interim please contact restons directly there contact details are xxxxxx"

I must have forgot about this credit card what should I do now?

[miliitant]

Re: Arrow & Court Papers What to do?

Should you wish to discuss the matter in the interim please contact restons directly there contact details are

TO LATE FOR THAT NOW

THEY REALISE THEY HAVE STARTED THIS CLAIM WITHOUT ANY PRE-ACTION CONDUCT ETC

TOUGH

THAT LETTER FROM THE SOLLS WAS VERY DISMISSIVE IN THAT "
HOW DARE YOU CHALLANGE ME" CHAIN OF THOUGHT

WELL I HAVE NEWS FOR YOU

YOU STARTED THIS AND I WILL GIVE YOU A BLOODY NOSE IN COURT

THAT DEFENCE WILL BE READY BY MORNING

JUST HAVE TO PUT IN A FEW PRACTICE DIRECTIONS THAT THE CLAIMANT HAS FAILED TO FOLLOW

NAUGHTY SOLICITOR, MUST TRY HARDER

[lizzy1]

Re: Arrow & Court Papers What to do?

I have just check my credit file and there is a arrow onthere for the same amount they are asking for on the court papers but its adifferent account number?

[miliitant]

Re: Arrow & Court Papers What to do?

Defence is now ready

leave it till morning though incase of any more comments, thanks for the recomendations though alham

[lizzy1]

Re: Arrow & Court Papers What to do?

Thank you

[miliitant]

Re: Arrow & Court Papers What to do?

duplicate

[lizzy1]

Re: Arrow & Court Papers What to do?

That sounds very official can’t thank you enough. Icalled the court and they said I had until the 22nd so when do you think it’sbest to apply my defense, I will do it on line.

[miliitant]

Re: Arrow & Court Papers What to do?

send it now, its finished
their is not much more we can do until they respond to the defence

[alham]

Re: Arrow & Court Papers What to do?

If not too late - remember to top and tail with "
IN THE XXXXX COURT CLAIM NUMBER:XXXXX

BETWEEN


CLAIMANT'S NAME
Claimant

and


Your Name

Defendant



PARTICULARS OF DEFENCE"

[miliitant]

Re: Arrow & Court Papers What to do?

IN THE [TOWN]	COUNTY COURT	CASE No.
BETWEEN
	Arrow Global	Claimant
	AND
	XXXXXXX] DEFENCE	Defendant

[miliitant]

Re: Arrow & Court Papers What to do?

IN THE [TOWN]	COUNTY COURT	CASE No.
BETWEEN
	Arrow Global	Claimant
	AND
	XXXXXXX] DEFENCE	Defendant