Advice please - court claim received

[flinko]

Re: Advice please - court claim received

By the way, this was a loan account, not a credit card so should it not be a s77 request and not s78?

I took the original loan out to undertake house improvements back in 2000. The arrangement and agreement was all undertaken over the phone/by post

[flinko]

Re: Advice please - court claim received

Agreement copy sent by Claimant following my CPR31.14....

[flinko]

Re: Advice please - court claim received

Notice of Assignment sent by Claimant following my CPR31.14.....

[flinko]

Re: Advice please - court claim received

Only default notice which I actually did receive (albeit by normal post and not by registered post)......

[Kafka]

Re: Advice please - court claim received

Did you receive a proper NofA from Egg or just the one from the new owner?

The DN looks OK but I can only see it on a phone ATM.

[flinko]

Re: Advice please - court claim received

Did you receive a proper NofA from Egg or just the one from the new owner?

The DN looks OK but I can only see it on a phone ATM.

I don't recall ever getting a NoA from Egg nor the new owner.

I have had several chase letters from various DCAs over the years though for this debt - red top type letters.

[flinko]

Re: Advice please - court claim received

So before I send a s77/s78 request in the post tonight - am I basically asking for what I have uploaded in post #182 or for a fuller version/something totally different altogether?

[flinko]

Re: Advice please - court claim received

interesting article here....

http://paulatwatsonssolicitors.wordp...er-credit-act/

makes me wonder if I should even be defending against the claimant at all!

[flinko]

Re: Advice please - court claim received

anyone/m1?

[FlamingParrot]

Re: Advice please - court claim received

By the way, this was a loan account, not a credit card so should it not be a s77 request and not s78?

I took the original loan out to undertake house improvements back in 2000. The arrangement and agreement was all undertaken over the phone/by post

Yes, s.77 is for fixed sum loans, s.78 would be for credit cards.

I don't recall ever getting a NoA from Egg nor the new owner.

I have had several chase letters from various DCAs over the years though for this debt - red top type letters.

The one on post 183 is the NoA from Arrow, the new owner, even though they are using Wescot for collection.

interesting article here....

http://paulatwatsonssolicitors.wordpress.com/tag/s90-consumer-credit-act/

makes me wonder if I should even be defending against the claimant at all!

Have you actually contacted them? Paul (PT2537) is on here, and he's had a lot of experience dealing with Arrow. You could PM PT2537 with a link to this thread and see what he thinks if you haven't done so already.

[mystery1]

Re: Advice please - court claim received

Sorry meant to do this yesterday. Have a look after the Celts beat Juventus

M1

Edit :- Will look closer tomorrow morning as i should get peace and quiet then.

M1

[flinko]

Re: Advice please - court claim received

The one on post 183 is the NoA from Arrow, the new owner, even though they are using Wescot for collection.

Yes - I haven't seen this previous to them sending me it as part of my CPR31.14 though - and Egg never sent me anything to say that the debt had been sold either

Have you actually contacted them? Paul (PT2537) is on here, and he's had a lot of experience dealing with Arrow. You could PM PT2537 with a link to this thread and see what he thinks if you haven't done so already.

Only found that yesterday from googling around for any further stuff, and it's probably a bit late now for any further advice given my defence has to be in today

[mystery1]

Re: Advice please - court claim received

You said earlier your defence was due 14th ?

Just about to start having a good look.

M1

[flinko]

Re: Advice please - court claim received

You said earlier your defence was due 14th ?

Just about to start having a good look.

M1

Well, they requested it by the 14th

[mystery1]

Re: Advice please - court claim received

Assignment of the Defendants account.

The defendant denies receipt of a notice of assignment prior to the commencement of this action. The defendant therefore challenges the claimants standing in this matter. The claimant is put to strict proof that a notice of assignment was validly served on the defendant.

The defendant denies that the notice of assignment produced under cpr 31.14, after the litigation commenced, does not state any amount of debt and as per WF Harrison & co LTD v Burke and Another is not a valid notice.

The defendant sough to view a copy of the deed of assignment and was refused by the claimant which is contrary to Van Lynn Developments Ltd v Pelias Construction Co Ltd.

The defendant makes no admissions with regard to the assignment.








More to follow.

M1