Arrow Global v Winka

[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 ?

hi amethyst

i have noticed i never put a request for the deed of assignment in my CPR request. should i send another with this in from what i gather this is important?
thanks

[winka]

Re: Arrow Global v Winka

quick update.
today i had a letter from arrow global saying they were acting for themselves now and not using shoosmiths anymore

[winka]

Re: Arrow Global v Winka

Hi all

I have heard nothing at all back from neither arrow or shoosmiths apart from the letter from arrow saying they are dealing with the case themselves.

Is it worth me filling a N244 application in along with a draft order?

[winka]

Re: Arrow Global v Winka

Hi all

I have heard nothing at all back from neither arrow or shoosmiths apart from the letter from arrow saying they are dealing with the case themselves.

Is it worth me filling a N244 application in along with a draft order?

[alham]

Re: Arrow Global v Winka

Send them a letter stating that "in view of the fact that Shoesmith received your letter in [DATE] and had [TIME] to forward to you requested information it is your assertion that as a principal in this case Arrow should have known about the letter of [ABOVE DATE]" thus you are giving them 48 hours (?) to send a response otherwise you will be applying to court for a strike out.

[winka]

Re: Arrow Global v Winka

Send them a letter stating that "in view of the fact that Shoesmith received your letter in [DATE] and had [TIME] to forward to you requested information it is your assertion that as a principal in this case Arrow should have known about the letter of [ABOVE DATE]" thus you are giving them 48 hours (?) to send a response otherwise you will be applying to court for a strike out.

18/2/13

To whom it may concern,

With reference to yourletter dated 16/1/13

In view of the fact that ShoosmithsLLP received my letter on 20/12/12 which was a CPR31.14 request and had 7 daysto forward me the requested information. It is my assertion that as a principal in thiscase Arrow should have known about the letter of 20/12/13.
As you have failed withthis request I am now giving you 48 hours to send a response OR the informationI requested otherwise I will be applying to the court for a strike out.

The information Irequested was as follows:

1. The Agreement
2. The Assignment*
3. The Deed ofAssignment (Van Lynn Developments V Pelias Construction Co Ltd1968 (3) ER 824)
4. The Default NoticeCompliant with 87(1) of the Consumer Credit Act 1974

I can alsoconfirm I have NOT received notice of assignment from you “ARROW GLOBAL” on oraround the 19^th January 2012 which you also said you sent in theletter. Did you send this recorded and if so can you provide proof of deliveryincluding my signature?
I haveenclosed a copy of the CPR31.14 request and proof of delivery includingtracking number and receipt in with this this letter.
Also I willforward a copy of this letter and the enclosed letter via recorded delivery toNorthampton County Court for their records.
Any problemsdo not hesitate to write to me on the above address.
YoursFaithfully

Winka

[winka]

Re: Arrow Global v Winka

I have since had a reply from ARROW GLOBAL saying

"With respect to your request under part 31 of the civil procedure rules; we confirm the claim form was issued bt the Northampton County Court Bulk Centre and the court's protocol was followed when issuing the Claimant's Particulars of Claim. Practice direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the particulars of claim when they are issued by this court.

However, we intend to provide reasonable disclosure and have requested the relevant documentation from the original creditor. We confirm such documents will not be available within the 48 hours as per request. As soon as the documents are available we will forward the same to you.

With regard to you request for a copy deed of assignment, we would ask you to note that the same is a private contract to which you are not a party and therefore we will not supply you with a copy. However, you have been served with notice pursuant to the Law of Property Act 1925. Please note such notice was not required to be sent recorded delivery.

In the meantime do not hesitate to contact us should you require further info.

[winka]

Re: Arrow Global v Winka

Hi all

The above letter was from ARROW GLOBAL.

I have a court date listed for 2nd May 2013. As I have wrote to them in december giving the 7 days to comply with cpr31.14 request and again in february giving them 48hrs to comply, can i apply to the courts for a strike out? or should i turn up at court in May???

Any help will be greatly appreciated.