Court Claim - arrow global limited / Egg - 13-8-2014

[Kafka]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

I think you need to be looking at this as three separate but linked issues.

1) The set-aside application that is designed to get the Court to block the default judgement and give you time to defend the claim. This is just to buy you time to fight the claim.

2) The JSA evidence, which is only relevant to the fee required to submit the application for set-aside.

3) The case to fight the claim and to look at that you will need to answer the questions put to you in post #9.

Unless you get the set-aside quickly then there won't be any chance of fighting, so that is the most urgent thing at present.

The link in post #11 explains about the set-aside application. Basically you have to give the witness statement that presents a case as to why the judgement should be set aside so you can fight the claim.

[Yangzhou]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Hi Kafka,

Thanks for your response.

The JSA issue aside, would i need to refer to the answers to questions in post 9 as part of my application?

The issue is that it was such a long time ago, that to my recollection:

1. loan (consolidated from an earlier credit card and loan)
2. Original accounts opened 2003/4. consolidation loan 2006
3. not sure of last payment. memory telling me 2010, but tht now, heres a chance it could be earlier
4. Balance...I have no idea . For sure egg did add penalty charges (im not sure about what happened since then)
5. To my knowledge I haven't received letters from Global Arrow prior to the letters from Shoosmiths
6. To my knowledge I didn't receive a letter of default by Egg, or notice that it had been assigned to Arrows.

Yes, I know Amethyst posted links on post 11. tbh im so full of ill feeling and panic right now...I cant seem to comprehend simple things.

thank you so much

[Yangzhou]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Hi guys, on the guidance notes it says:

6: On XXXXXXXXXX 2014 I made a written/telephone request to the Claimant solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4.

should I call shoosmiths first and ask them to set aside?

thanks

[Yangzhou]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Hi Guys?

Is anyone around please. Im trying to write up my draft statement, but I have no idea what to write really (im reading the guidance) ...i don't know what to acknowledge and what to deny!

e.g can i really deny having an agreement, when I cant remember if i did or not? can i deny receiving a default notice when i cant remember if i did or not? can i deny the balance claimed, when i dont know what it should be etc... ?
please

[Yangzhou]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

anyone?

[Amethyst]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Hiya, I'll check in in the morning and help you get this sorted xx Sorry I haven't been about much today xx Sharon

[Yangzhou]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

I'm so relieved to hear from you Amethyst...I'm all over the place.

I called the claimants solicitors yesterday asing if they would agree to set aside. They said no.

I just really need to know how to write the draft defence and what to put in it.

Thank you!

[Amethyst]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Morning xx

Ok will help you, give me ten xx

[Amethyst]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Something like...... you'll need to change so it's all ' The Defendant ' or all ' I ' as it's a biot of a mish mash at the moment.

DRAFT DEFENCE

-----------------------------------------------------------------------------------------------

1: This claim is for a Personal Loan from Egg Banking Plc under anagreement regulated under the Consumer Credit Act 1974.

2: The Defendant has previously entered into an agreement Egg Banking Plc for a personal loan which consolidated a credit card debt.

3. The Defendant believes the agreement was entered into in 2005 and concluded in 2010. The Defendant does not recall any debt being owing on this account and has not had communication from Egg Banking Plc since 2010.

4. The Defendant has checked his Credit File and no debt from Egg Banking Plc appears on there.

5. The Defendant does not recall receiving a Default Notice from Egg Banking Plc.

6. As I was out of the country from XXXXXXXXXX to XXXXXXXXXX and I did not receive any preaction letters from Arrow Global and was unaware they had taken over the account until I returned.

7. The Claimants statement of case states that the account was assigned from Egg Banking Plc to Arrow Global on 28/02/2013. The Defendant does not recall receiving notice of this assignment.

8. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

9. The Defendant has now sent a request for copy of the regulated credit agreement under s.77 of the Consumer Credit Act 1974 to Arrow Global, and also requested a statement of the account so I can assess my position with regards the claim.

10. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

11. It is denied that the Claimants are entitled to the relief claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[Yangzhou]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Thank you so much Amethyst!

Btw the last payments I believe i made in 2010 would have been through a debt management company. and im quite sure it was to a DCA (not sure which one).

[Yangzhou]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Hi All/Amethyst,

I'm hoping to send the set aside tomorrow. This is what I've added to my witness statement. Could you please read and inform if its ok? many thanks:

3. I was abroad from 11 July 2014 until 30 August 2014, as confirmed by the entries in my passport (Exhibit A), and did not return to my fixed address until 03 September 2014

4. I learnt of the existence of this claim on the 3^rd September 2014 when I found that I had received a County Court Claim form.

5. On this date, I also found that I had received two letters from the claimants solicitors (dated 24 July 2014 and 15 August 2014) relating to this claim.

6.. Prior to this I was unaware of this claim and was therefore unable to seek advice or respond or within time frames.

7: I promptly telephoned the court on 05 September 2014 who confirmed that a default judgement was issued.

8. At this time, I informed the court that I had only just been made aware of the proceedings due to being away from home and that I wished to defend the claim in full.
6: On 11 September 2014 I made a telephone request to the Claimant solicitors inviting them to consent to set aside the judgement due to the reasons in paragraph 3.

7. The Claimant turned down my request.

10. I therefore ask that the Court sets aside the judgement in this claim and allows 14 days for me to submit my defence.

[Amethyst]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

That sounds excellent.

[Yangzhou]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Thank you so much Amethyst

[Yangzhou]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

Hi guys,

Quick question, hope I can get an answer!

On the draft order it says:

1. The Defendant shall file and serve its Defence by 4pm on [insert date].

assuming i send it today, should the date be: 26 september 2014 (14 days?)

thanks

[Amethyst]

Re: Court Claim - arrow global limited / Egg - 13-8-2014

The Judge will change it as it would be 14 days after the order is made so you can leave it as [insert date] or change it to read 1. The Defendant shall file and serve its Defence by 4pm on [ 14 days after the date of this order]