URGENT HELP PLEASE: Arrow Global County court claim

[Amethyst]

Re: URGENT HELP PLEASE: Arrow Global County court claim

Are they emailing it btw?

If not then I still think we should get a WS and document bundle in to the court to comply with the order, just in case Arrow are pulling a fast one. (I don't think so but best to be prepared)

[Dizzy]

Re: URGENT HELP PLEASE: Arrow Global County court claim

Hi Amethyst

They were sending it in tonight's post, so with any luck it should reach me tomorrow, but yes you're right - best be prepared!!

[Dizzy]

Re: URGENT HELP PLEASE: Arrow Global County court claim

Nothing received in todays post , perhaps it best that we prepare the witness statement?

[Dizzy]

Re: URGENT HELP PLEASE: Arrow Global County court claim

Hi Amethyst - please could you provide some guidance on the witness statement?

Many thanks

[Dizzy]

Re: URGENT HELP PLEASE: Arrow Global County court claim

Helloooo, anyone can you help me please?

[Amethyst]

Re: URGENT HELP PLEASE: Arrow Global County court claim

Hiya. Yep lets get that cracked then.

Could you do me a dated list of the documents you have (letters to and from them since the preaction letter (if any) and any documents like CCA/assignment/statements etc they've sent... please .... and we can work round that, the WS will be mainly your defence and how cruddy the claimant has been at supply the docs .

[Dizzy]

Re: URGENT HELP PLEASE: Arrow Global County court claim

Hi Amethyst

The only communication I have had from Arrow Global is a letter enclosing the notice of assignment,
I received a pre-action letter from Blake Lapthorn Solicitors prior to the court claim.
Arrow Global then sent a letter dated 5 March 2014 enclosing a notice of change of solicitor and the claim is now being dealt with by Arrow Global "Specialist in-house litigation team" they also stated that the relevant documentation (ie the agreement) has been requested from Capital One. To this day I have still not received anything!!
They stated in the letter that the last payment made was 24/01/2010 but I have a bank statement proving that my last payment was in April 2009!!
With the letter they enclosed a copy of the notice of assignment dated 15/02/2011 and also state in the letter "We do not agree with your allegation that pre-action protocol was not followed correctly and enclose a copy of letter before action sent on 18 November 2014 (a typo error on their part should be 2013).
The letter also states "We hope that this information helps you to identify the account and look forward to receiving notice that your defence has been withdrawn or your reasonable repayment proposals by return."
They have also asked that the matter be resolved amicably and save recourse for further legal action and costs and have provided the telephone number and address for correspondence to make arrangements to pay the debt!
On 16 March 2014 I received a Notice of Proposed Allocation to the Small Claims Track form N149A
I also received a further letter from Arrow Global 24 March stating that they are disappointed that I have failed to respond to their letter (details noted above) and therefore enclose a copy of the directions questionnaire and urge me to contact them in a bid to resolve the disputes before recourse to further court proceedings and in the interests of costs. I still haven't received the agreement requested in my original CPR31.14 request.
I sent a CCA request 31 March 2014 and prior to that a CPR31.14 request dated 3 January 2014.
To this day I have had nothing from them except NOA and a letter dated 6 May to settle with a discount of £1,006 which I never replied to.

[Amethyst]

Re: URGENT HELP PLEASE: Arrow Global County court claim

So no response to your CCA request at all then?

[Dizzy]

Re: URGENT HELP PLEASE: Arrow Global County court claim

No not a sausage!!

[Dizzy]

Re: URGENT HELP PLEASE: Arrow Global County court claim

Sorry all they did say was in the proposal letter of 6 May was "we refer to your letter date 31 March 2014. We are mindful of the obligations of the parties under the Civil Procedure Rules to attempt to resolve their disputes and of the potential benefits in terms of costs in reaching a settlement. The matter has now been listed for hearing on 6 August 2014. (this is now set for 27 August!!) We note that you are disputing the interest on the account (this isn't strictly true!!!!). We are currently awaiting additional documentation on your account, as soon as we receive the same we will forward a copy to you."

They then go on about on about the settlement amount and agreement to repayments

[Dizzy]

Re: URGENT HELP PLEASE: Arrow Global County court claim

The post has arrived and I have attached Arrow Global's letter together with the Tomlin agreement, please cold you have a look at it Amethyst to ensure it is ok.

Thanks again

[Amethyst]

Re: URGENT HELP PLEASE: Arrow Global County court claim

Legally yes it all sounds fine. You will pay £20 a month before the 27th of each month and review IE sheets six monthly (realistically that doesn't happen much more like in a couple years) The claim gets stayed at court and if you miss a payment they can apply to court to have the judgment put through and add the costs on, you get a CCJ and go to installments ordered by the court instead. So this way you get your discount on the debt, and pay an affordable amount each month for ummmm a long time (10.4 years?) and don't have a CCJ.

It has to be entirely your decision, mainly based on whether you want to continue and risk a CCJ on the full debt and court fees ..... they haven't produced the credit agreement from Capital One, but I couldn't say whether they will or not in the future (when they could pick the claim up again) You're a year from Stat Barring so that's not helpful on a defence. It'd be a 50/50 on defending successfully - just my opinion. Capital One have been giving people copies of their original agreements from 1999/2001/2003 without much difficulty lately so it could show up.

[Dizzy]

Re: URGENT HELP PLEASE: Arrow Global County court claim

Yes it is a long time to be paying off a debt, but I cannot risk the gamble of having a CCJ against me, my job would be too much at risk! As much as I would like to see it through court I think my safest bet is to pay £20/month even though the toe rags haven't come up with the goods!! I think I will stick with the Tomlin Order and if (a very big if) I can afford to pay more in the future to help repay it quicker then I will.

Thank you Amethyst you have been a great help on this matter and I am sorry to keep pestering you xx

[Amethyst]

Re: URGENT HELP PLEASE: Arrow Global County court claim

Don't worry about it, t'is why I'm here xxx You've done good, it's a much better outcome than if you'd just ignored the claim or admitted it so it's been worthwhile

[Dizzy]

Re: URGENT HELP PLEASE: Arrow Global County court claim

That's very true