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Arrow global/drydens fairfax nbcc claim received

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  • Arrow global/drydens fairfax nbcc claim received

    hi everyone i'm new to the site and would be most grateful for any help on the above topic,so to outline-MBNA CC fell into arrears terminated sold to arrow global,who assigned Shoosmiths solictors to act as their agent i wrote to Shoosmiths 4 times asking for proof of their right to act on this matter re: deed of assignment to verify their ability to give me good discharge of the alleged debt and all the usual CCa stuff,got a copy of agreement in response and informed that i had no right to see deed of assignment,i advised them of the lord denning ruling then i heard nothing for about 3 months,till i got a letter from arrow advising of a new agency now handling the case drydensfairfax,letter from drydens giving me 10 days to pay or come to arrangement,i wrote to drydens advising the matter was in dispute and should not have been transferred to another agent however i then received a claim from NBCC,i did an online AoS and sent drydens a CPR31.14 request,so i now have a couple of queries with the claim,firstly on the statement of facts the date of the agreement is incorrect,would this be classed as a significant error to dispute the claim,and secondly the claim is signed as drydenfairfax t/a drydens solicitors which is in conflict with CPR 22.3.10,so at what point could i apply to have the claim struck out,i'm aware of thee costs and the fact that they may reinstate the claim with the appropriate signature,but they can't be allowed to get away with a blatant breach of procedure,as i said any help gratefully received.
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  • #2
    Different Rules apply to claims issued via the County Court Business Centre and it depends on how the claim was raised. check the Practice Direction for it (7c i think) and any membership rules that vary the CPR for claims issued by the CCBC before making any applications to strike out based on the signature on the claim form not being compliant.

    As for the date of the agreement, place them to strict proof that you entered into an agreement on the date stated? if the date is wrong then they wont be able to, but it is a simple application to amend if it is just a mistaken date with limited costs consequences for them.
    I am not legally qualified and my comments and observations are not given, nor are they to be taken or relied upon as legal advice. Debt matters are often complex and public forums should not be seen as a substitute for professional legal advice.

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    • #3
      This thread was duplicated Rebz ( and is a bit old ) It continued here and was struck out by the court -> https://legalbeagles.info/forums/for...aim-struck-out
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

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