URGENT HELP PLEASE: Arrow Global County court claim

**Amethyst** · 30th March 2014, 17:54:PM

Re: URGENT HELP PLEASE: Arrow Global County court claim

''
On 16 March 2014 I received a Notice of Proposed Allocation to the Small Claims Track form N149A and I have to complete a Directions Questionnaire form N180, however I must reply by 2 April 2014. There is also a section that states that you can settle your case through mediation without a court hearing.''

Get the directions questionnaire filled in and sent back.

Could you post up your defence pls. Then we can see if anything specific needs to go in your N180.

If your defence is strong then no there is no need to offer any repayments.

With your last payment being April 09 (if we ignore their little fibbies for now) it still wouldn't be statute barred so I wouldn't worry too much about it at this stage.

**Dizzy** · 30th March 2014, 18:09:PM

Re: URGENT HELP PLEASE: Arrow Global County court claim

Thank you for your prompt response Amethyst, much appreciated :tinysmile_twink_t2:

I also forgot to mention that in between the case has been stayed.

I know, I was hoping that the case would be statute barred but unfortunately it isn't :-(

Herewith a copy of the defence filed as follows:

IN THE NORTHAMPTON (CCBC) COUNTY COURT

CLAIM NUMBER XXXXXXX

BETWEEN

ARROW GLOBAL GUERNSEY LIMITED

CLAIMANT

V

XXXXXXXXX

DEFENDANT

DEFENCE

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.

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 particulars have 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, the defendant is
extremely disadvantaged and the claimants claim appears to be
without merit. The defendant asks to be allowed to submit a
complete defence should the claimant provide copies of the
original document he will rely on.

5. 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.

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

7. Furthermore, if 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 (a) of the Consumer Credit Act 1974.

8. The claimant has failed to comply with sections 111 AND 1V of
the pre action conduct 'practice directions'

9. 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.

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

Statement of Truth

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

Dated this 3rd February 2014.

**Amethyst** · 30th March 2014, 21:01:PM

Re: URGENT HELP PLEASE: Arrow Global County court claim

Was the case stayed for the claimants to produce copies of documents disclosed for inspection ?
Have you checked with the court if anything has been received by them that has prompted the allocation now? or was it just stayed for a specific period ?

**Amethyst** · 30th March 2014, 21:03:PM

Re: URGENT HELP PLEASE: Arrow Global County court claim

Also, did you send a CCA request as well as the CPR request ?

**FlamingParrot** · 30th March 2014, 22:21:PM

Re: URGENT HELP PLEASE: Arrow Global County court claim

A couple of comments on the above if I may.

That defence is just a holding defence, not a real defence, i.e. it doesn't show grounds to dispute the claim. Would be good to know whether a CCA request was sent in addition to the CPR request, since non-compliance with a request under s.78 can be a bar to enforcement. The notice of assignment has been supplied but I see no mention of the default notice above. These are the arguments that can be used to dispute the account. Also whether there was any mis-sold PPI applied to the account.

If this was paid in 2009 it wouldn't be SBd so the 2010 payments are not relevant. Lack of compliance with pre-action conduct only has an impact on costs, not on the enforceability of the claim itself.

**Dizzy** · 30th March 2014, 23:52:PM

Re: URGENT HELP PLEASE: Arrow Global County court claim

Hi Amethyst

No I only sent a CPR request as follows:

Re: Arrow Global Guernsey Limited v XXXX
Case no: XXXXX
CPR31.14 Request

On 13 December 2013 I received the Claim Form in this case issued by you out of the Northampton County Court

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

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

1.The Agreement., together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2.The notice of assignment.
3.The default notice, compliant with 87(1) of the Consumer Credit Act 1974.

Although your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me 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 have a 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 of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or other marking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable 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 me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be 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 to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

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

Yours sincerely

XXXX

The letter from the court dated 3 February stated:

"I acknowledge receipt of your defence. A copy of which is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

I then received the letter detailed in my previous post dated 5 March from Arrow Global.

Sorry Flaming Parrot, from memory I don't think I took out any PPI with Capital One and I think I did receive a default notice a few years ago.

Getting tired...... sorry, many thanks for your help once again, any clues as to what I should state on the N180 or has it now become a lost cause. I used what information I could from here in a panic and all very last minute when I filed my defence because I also phoned Blake Lapthorn and asked for an extension and they stated that the claimant has up to six months to enter judgement and that I didn't need these documents and I had nothing to worry about as it is up to the claimant to enter judgement and from this I took it that I didn't have to worry about filing a defence, I then received a reminder letter from them stating that the defence was due in 14 January, so I sent them an email stating that they had ill advised me and they never responded, I filed my defence and I then received the next letter from Arrow Global as stated above.

I am now beginning to think that the contents of my defence are wrong - your thoughts and advice would be much appreciated bearing in mind the form N180 probably needs to be posted tomorrow if not Tuesday at the latest.

Many Thanks.

**Dizzy** · 31st March 2014, 14:06:PM

Re: URGENT HELP PLEASE: Arrow Global County court claim

Hi Amethyst

Really sorry to pester you, did you see my response to yours and Flaming Parrots post very late last night? What would you suggest I do?

Thanks.

**Dizzy** · 31st March 2014, 18:56:PM

Re: URGENT HELP PLEASE: Arrow Global County court claim

Is there anyone that can help me please with what to put on the form N180 please, I am getting desperate now as it needs to be with the court by 2 April !!!!:noidea:

**Amethyst** · 31st March 2014, 18:59:PM

Re: URGENT HELP PLEASE: Arrow Global County court claim

Hiya, sorry no I missed it, am having a read now though xxx

**Amethyst** · 31st March 2014, 19:05:PM

Re: URGENT HELP PLEASE: Arrow Global County court claim

Okay don't panic you're fine.

Complete the N180 and return it to the court and the next step will be the court either asking you to a hearing or giving some directions. No need to contact Arrow about their letter.

What questions are you stuck on on the N180 ?

I haven't seen that defence before but googled a paragraph of it and see it's been used a few times across various forums. I'll see if I can find any threads that have used it that have come to a conclusion.

**Dizzy** · 31st March 2014, 19:15:PM

Re: URGENT HELP PLEASE: Arrow Global County court claim

Thank you Amethyst xx

The first question is "Do you agree to the case being referred to the Small Claims Mediation Service" do I tick Yes or No?

I assume I tick yes for case being dealt with through the small claims track?

Do I fill in section D regarding the hearing venue

I am also assuming that Arrow Global has to pay the £40 fee?

Sorry for all the questions - things aren't sinking in to my brain at the moment (lacking sleep!!) :tinysmile_hmm_t2:

**FlamingParrot** · 31st March 2014, 20:52:PM

Re: URGENT HELP PLEASE: Arrow Global County court claim

Originally posted by Amethyst View Post

I haven't seen that defence before but googled a paragraph of it and see it's been used a few times across various forums. I'll see if I can find any threads that have used it that have come to a conclusion.

That's because it's a holding defence, saying they cannot defend due to the claimant not having supplied the documents, it's not a real defence offering basis to dispute the account