Arrow Global v Winka

[winka]

hi

was wondering if i have the following correct.

7th december was issued court papers from northampton county court for £3440.74.
the claimant is Arrow Global and there solicitors is Shoosmiths LLP.
Today 17/12/12 i logged onto www.moneyclaim.gov and said i was defending the claim (14 days from the 7th would of been 21st but with xmas thought i would do it a couple of days early). It asked fr my defence but did not go that far.
I also sent 1st class recorded to shoosmiths requesting CPR31.14.
1. do i now have 14 or 28 days to submit my defence online via moneyclaim?
2. how long do shoosmiths have to reply to my request?
3. is there anything else i should be doing or have i done anything wrong?

thanks in advance to anyone that can help

[alham]

Re: Arrow & Court Papers What to do?

Winka, you should really start your own thread. We'll ask admin to move this part. Anyway, You have 28 days from the date you received the Claim to submit your defence. Shoosmith should write to you very soon to show what steps they are taking to satisfy your request and approximate timeframe. Unless you gave them a certain length of time to come back to you it, then 28 days should be reasonable. If I was you I'd send a copy of your CPR31 request to court and CC court in all your correspondence with shoosmith.

[winka]

Re: Arrow & Court Papers What to do?

Winka, you should really start your own thread. We'll ask admin to move this part. Anyway, You have 28 days from the date you received the Claim to submit your defence. Shoosmith should write to you very soon to show what steps they are taking to satisfy your request and approximate timeframe. Unless you gave them a certain length of time to come back to you it, then 28 days should be reasonable. If I was you I'd send a copy of your CPR31 request to court and CC court in all your correspondence with shoosmith.

Alham
If this can be moved to my own thread that will be great.
I have a copy of the letter I sent along with proof of postage, should I make copies of these and sent them into the courts or can I email them do u know?
I already have a copy of defence to submit but from what I have read it is better to wait until nearer the end of the time limit to send it.
thanks

[Amethyst]

Re: Arrow Global v Winka

Have moved posts to your own thread Winka.

If you don't get a response on the CPR request from Shoosmiths you should get an agreement to extend the deadline for filing your defence from them and submit that to the court.

If you can post the particulars of claim and your CPR request sent that would be of help to posters. Also before submitting any defence please post in on here for help.

Also need a bit more information to be able to advise properly. What is the debt the claim is for ?

[Amethyst]

Re: Arrow Global v Winka

Found this on another thread - http://www.legalbeagles.info/forums/...622#post303622

Arrow Global are pursuing a CCJ for the other MBNA for £3500

so that is this debt.



Now on the other thread you mention MBNA already have one CCJ against for for £6500 - which you haven't made any payment s towards. Can you give a bit more background on that ? Was it a separate credit card under the MBNA banner ? Did you respond to the court papers at all or just allow them to obtain judgment in default ? Do you know what the terms of the CCJ are - any charging order / order for monthly payments etc ?

since around 2010 have made no payments on any of these cards and ignored all letters & numerous phonecalls.

Any reason for that (trying for unenforceability/statute barring etc) or just not had the funds available / head in sand syndrome ?

[LegalEagle1207]

Re: Arrow Global v Winka

I would recommend filing a copy of your request with the court, advising them that there will be a delay to allow Shoosmiths time to reply in the prescribed form.

If, as Amethyst states, no time frame was given in your request (which I hope was not the case) you can apply for an order to force the other party to comply (form N244) with fee of £80.00 payable.

[Amethyst]

Re: Arrow Global v Winka

I'd still communicate with the claimant and get agreement an extension to the defence deadline initially - only if you get nothing back (and calling them is fine so long as you keep to only the subject of the CPR request and the deadline extension AND get them to send you their agreement in writing ) should you go filing in court for compliance.

I'd prefer to have a better background on this, and the other debts, particularly the other MBNA CCJ, before advising further.

Also, do you own your own home ?

[winka]

Re: Arrow Global v Winka

Found this on another thread - http://www.legalbeagles.info/forums/...622#post303622



so that is this debt.



Now on the other thread you mention MBNA already have one CCJ against for for £6500 - which you haven't made any payment s towards. Can you give a bit more background on that ? Was it a separate credit card under the MBNA banner ? Did you respond to the court papers at all or just allow them to obtain judgment in default ? Do you know what the terms of the CCJ are - any charging order / order for monthly payments etc ?

Any reason for that (trying for unenforceability/statute barring etc) or just not had the funds available / head in sand syndrome ?

both debts were originally for mbna credit cards.
they were taken out approx 2004. in 07/08 i used these cards (as well as others). all was fine with continious payments until 2010 when work went dry. i was the robbing peter to pay paul with the credit cards i had.
varde investments 6500 ccj was served last year. i filled in the earnings form but nothing come of it. had a letter recently saying aktiv capital now have the ccj. anyway lets put that a side for the time being until i sort the most recent.
this is as follows
mbna 3500 passed onto numerous DCA's. Letters from DCA's have just been ignored as i just dont have the money at the moment.
arrow global use shoosmiths to serve CCJ dated 7th december 2012.
17th december i sent request to shoosmiths for cpr 31.14 via signed for delivery which was received today.
today i filed my defence online before i noticed my thread had been moved.
I hope i havent messed things up!!!
cpr request and defence where both copied from a previous post
how do i put a copy on here to show others??

thanks

[winka]

Re: Arrow Global v Winka

I'd still communicate with the claimant and get agreement an extension to the defence deadline initially - only if you get nothing back (and calling them is fine so long as you keep to only the subject of the CPR request and the deadline extension AND get them to send you their agreement in writing ) should you go filing in court for compliance.

I'd prefer to have a better background on this, and the other debts, particularly the other MBNA CCJ, before advising further.

Also, do you own your own home ?

i have answered this question below and yes i own my home.

I wish i noticed this thread earlier now

[winka]

Re: Arrow Global v Winka

I would recommend filing a copy of your request with the court, advising them that there will be a delay to allow Shoosmiths time to reply in the prescribed form.

If, as Amethyst states, no time frame was given in your request (which I hope was not the case) you can apply for an order to force the other party to comply (form N244) with fee of £80.00 payable.

i gave them 7 days to reply.
how can i put a copy of my letter on here?

[winka]

Re: Arrow Global v Winka

sorry all for my multiple answers. i am new to all this

[winka]

Re: Arrow Global v Winka

Re: Arrow Global v winka

Case No: XXXXXXXX

CPR 31.14 Request

On 7/12/12 I received the Claim Form inthis case issued by you out of the Northampton County Court.
I confirm having returned my acknowledgement of service to the court in which Iindicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosureand the production of a verified and legible copy of each of the following documentsmentioned in your Particulars of Claim:

1 The agreement. You will appreciate that in an ordinary case and byreason of the provisions of CPR PD 16 para 7.3, where a claim is based upon awritten agreement, a copy of the contract or documents constituting theagreement should be attached to or served with the particulars of claim and theoriginal(s) should be available at the hearing. Further, that any generalconditions incorporated in the contract should also be attached.

2 The assignment*

3 The default notice*

Although your claim is for a sum which is not more than £5,000.00 and will inall likelihood be allocated to the small claims track for determination upon mydelivering a defence, at this moment in time I have not delivered my defenceand the case has not been allocated to a track. In consequence the provisionsof CPR 27(2) are of no effect and you should not seek to avoid compliance withyour CPR 31 duties by claiming otherwise]#

You should ensure compliance with your CPR 31 duties and ensure that thedocument(s) I have requested are copied to and received by me within 7 days ofreceiving this letter. Your CPR 31 duties extend to making a reasonable andproportionate search for the originals of the documents I have requested, thebetter for you to be able to verify the document's authenticity and to provideme with a legible copy. Further, where I have requested a copy of a document,the original of which is now in the possession of another person, you will havea right to possession of that document if you have mentioned it in your case.You must take immediate steps to recover and preserve it for the purpose ofthis case.

Where I have mentioned a document and there is in your possession more than oneversion of that same document owing to a modification, obliteration or othermarking or feature, each version will be a separate document and you mustprovide a copy of each version of it to me. Your obligations extend to making areasonable and proportionate search for any version(s) to include an obligationto recover and preserve such version(s) which are now in the possession of athird party.

In accordance with CPR 31.15(c) I undertake to be responsible for yourreasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell mein writing. You must tell me before the time for compliance with this requesthas expired. In telling me you require more time you must tell me what stepsyou have taken and propose to take in order to comply with this request andalso state a date by when you will comply with this request. In addition yourstatement must be accompanied with a statement that you agree to an extensionof the time for me to file my defence. Your extension of time must be not lessthan 14 days from the date when you say you will have complied with my requestand you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will neverbe able to comply with this request you must tell me in writing

Please note that if you should fail to comply with this request, fail torequest more time or fail to agree to an extension of time for the filing of mydefence, I will make an application to the court for an order that theproceedings be struck out or stayed for non-compliance and a summary costsorder.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

Winka

[winka]

Re: Arrow Global v Winka

This is a copy of the defence statement i posted online and by the sounds of it way way too early

IN THE NORTHAMPTONCOUNTY COURT
CLAIM NUMBER XXXXXXXX
BETWEEN

ARROW GLOBAL GUERNSEY LTD

CLAIMANT

V

WINKA

DEFENDANT

DEFENCE

1. This claim is neither admitted nor denied with regards tothe Defendant entering in to an Agreement or contract referred to in theParticulars of Claim ('the Agreement' or contract) the Claimant has yet todisclose any Agreement or contract as to the defendants CPR 31.14 Request. Theclaim 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 theconstraints of a bulk issuer.

2. The defendant has absolutely no knowledge of any debt,and despite asking for proof a debt exists nothing has been forthcoming.

3. No documents supporting this claim in the particularshave been attached despite a request under CPR 31.14, and as a result of this,the defendant is unable to plead in defence to this claim.

4. Without clarification of the claimants claim, thedefendant is extremely disadvantaged and the claimants claim appers to bewithout merit. The defendant asks to to be allowed to submit a complete defenceshould the claimant provide copies of the original document he will rely on.

5. The particulars of claim are denied with regards to theDefendant owing any monies to the Claimant and the Claimant is put to strictproof to:

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

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

7. Furthermore, if the Claimant is an assignee of a debt, itis denied that the Claimant has the right to lay a claim due to contraventionsof Section 136 and 196 of the Law of Property Act 1925 and Section 82 (a) ofthe Consumer Credit Act 1974.

8. The claimant has failed to comply with sections 111 AND1V of the pre action conduct "practice directions"

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

10. For advoidance of doubt, the defendant is unable toplead effectively or at all to the particulars of claim


Statement ofTruth


I believe that the facts stated in this Defence of claim tobe true.

Dated this 20^th December 2012.

[winka]

Re: Arrow Global v Winka

just got home an opened a letter from shoosmiths dated 15th december (before they received my cpr 31.14)

We write to confirm that we have received Notice of Issue from County Court Bulk Centre confirming that our client will be at libert to request judgement against you on 26th December 2012.

We would remind you that once this step is taken you will have a CCJ registered against your name. This will have an adverse effect on your credit rating.

ETC ETC

Should i just ignore this as if was dated before my CPR 31.14 request? obviously the xmas post is bad or they have changed the dates accordingly as it has took 5 days to get to my house 1st class.

thanks

[winka]

Re: Arrow Global v Winka

today i have received 2 letters both dated 20th December, this was the day i filed my defence online and the day shoosmiths reciceived my CPR request.

the 1st letter is off the court acknowledging the receipt of my defence.

the 2nd is off shoosmiths saying they have requested the required documents from their client. Upon receipt they will be forwarded.

could some 1 advise of my next steps please?