Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

[Amethyst]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

Cheeky to offer 14 when the requirement is 28.

28 isn't a requirement it is the maximum available.

[gazza141]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

i will write to them asking for the 28 days is this correct?

I'm pretty useless at letters is there any template letters or should i just raise the points in Amethyst post

or should i phone or email them as time for my defence is running down

reference to letter revived are they not acutely agreeing to any extension just making out in the letter that they are.
as i thought if i defend the claim i have 14 days to file my defence anyway.

also when i do actually file my defence do i send copsy of letters revived and letters i have sent

[gazza141]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

can any one clarify my time scale
revived court claim on 18th September its was dated the 15th
so what is the latest day to get my defence in 28 days but what the plus 5 days?
do i have to leave it till last minute in case i receive anything back

[Amethyst]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

http://www.timeanddate.com/date/dateadd.html xx

28 days is from receipt - usually you are allowed 5 days for it to reach you, hence 28+5 days (so 33 days from the date on the claim form)

You can put your defence in 2-5 days before it is due, just in case of any issues, probably no earlier than that in case they come up with the documents.

[gazza141]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

Good morning everyone

been on the phone to wilkin chapman just now to ask for 28 day extension and they said to me in the letter it said it could take up to six weeks to produce the documents and once i receive them i have 14 days to defend the claim i said but is is not a fact that a extension is for a maximum of 28 days and it could take longer and i need you to agree a extension, she went of the phone come back and said forward a copy of the letter and that will suffice .

is this right?

it also bothers me that solicitor can make a claim against you with out any paper work in hand not very professional.

[Amethyst]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

Grrrr they really are arrogant.

I'd just go with putting in your defence to be honest.

[Amethyst]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

There's a starting point http://www.legalbeagles.info/forums/...t-Court-Claims

[gazza141]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

thanks for speedy reply

what's the advantage if any in just putting my defence in now or waiting to see if there's any documents come through.
would the letter actually be ok for court to accept extension or do i need something saying they actually agree.

could i get the case struck out on them not actually having any paperwork with now

[Amethyst]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

The HOPE of the defence is that the court will order they supply the documents or strike the claim out.... you do need something saying they agree to the extension and they seem reticent to do that so therefore you haven't agreed an extension under the CPR's and they could put in for default judgment despite what they have said in their letter. You can add into your defence that you have asked them to agree an extension under CPR but they wouldn't agree and despite issuing a claim based on the documents, they don't appear to have had sight of them, which surprises you, and they have indicated they can't get them for 6 weeks.

[Amethyst]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

Sorry, advantage of putting it in now is it restricts them to a timeline (which after all they set by submitting the claim)

disadvantage is you may end up having to amend your defence if they do come up with the documents, but the court SHOULD order they bear the costs of that.

[gazza141]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

Good Evening.

Will you let me no if my defence looks ok,is there anything ive missed or need to change.
does my defence go on the original blue claim form,do i have to fill it all out if so ie earnings

1: I received the claim xxxxx from the Northampton County Court on 18/09/2014
2: This claim appears to be for a loan agreement regulated under the Consumer Credit Act 1974.
3 It is denied that the Defendant has an agreement with sainsburys bank or Arrow Global for the provision of credit
4: However, the Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5 The particulars of the claim fail to state when the agreement was entered into.
6. The Claimants statement of case states that the account was assigned from Sainsburys Bankto Arrow Global on 23/04/2013 The Defendant does not recall receiving notice of this assignment.
7. It is denied that sainsburys Bank served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
8 On the 23/09/2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Wilkin Chapman I requested the Claimant provide copies of the Agreement. Default Notice , Notice of Assignment and any other documents they were relying on to prove i owed the debt.
9 Wilkin Chapman has not sent any of these to me.
10. On the 23/09/2014 I sent a formal request for a copy of the original agreement to Arrow Global pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with s77 [1] Consumer Credit Act 1974 and by virtue of s77 [4] Consumer Credit Act 1974 cannot enforce the agreement.
12 i have asked the claimant if we may extend the time period allowed to file my defence pending receipt of documents under cpr 15.5 buy they have declined they don't appear to have sight of then which surprises me and said they could take up to six weeks.
13. 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.

14. At this stage without documentation I am unable to plead fully to the claim. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. 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.

also do i need to attach copy's of letters sent /received etc.

[Amethyst]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

You can enter your defence online if you like at moneyclaimonline - if you do it on paper, then no you don't fill in your IE sheet as that's for making an offer.

so made a couple edits for you.....only minor xx

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1: I received the claim xxxxx from the Northampton County Court Business Centre on 18/09/2014

2: This claim appears to be for a loan agreement between myself and Sainsburys Bank regulated under the Consumer Credit Act 1974.

3. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

4 The particulars of the claim fail to state when the agreement was entered into. However I believe this to have been April 2007.

5. The Claimants statement of case states that the account was assigned from Sainsburys Bank to Arrow Global on 23/04/2013. I do not recall receiving notice of this assignment.

6. It is denied that Sainsburys Bank served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

7 On the 23/09/2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Wilkin Chapman. I requested the Claimant provide copies of the Agreement. Default Notice , Notice of Assignment and any other documents they were relying on in bringing the claim.

8. Wilkin Chapman has not sent any of these to me.

9. On the 23/09/2014 I sent a formal request for a copy of the original agreement to Arrow Global pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with s77 [1] Consumer Credit Act 1974 and by virtue of s77 [4] Consumer Credit Act 1974 cannot enforce the agreement.

11. The Claimant replied to my requests stating it would take them around 6 weeks to obtain the relevant information. This surprises me as surely the Claimants should have had sight of the documents on which they base their case before bringing a claim against me.

12 However, I have asked the claimant if we may agree extend the time period allowed to file my defence pending receipt of documents.

13 The claimant has declined and therefore at this stage without documentation I am unable to plead fully to the claim. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

14. 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.

15. 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.

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[gazza141]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

Thanks you
will get it posted as i cant seem to log into my moneyclaim anymore.
do i not return any of the original blue court papers just send in my defence on its own.

[Amethyst]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

Ahh okay you'll need to do it by hand then. Yes you complete the N9b (DEFENCE / Counterclaim) - Don't fill in the counterclaim bits as you are not counterclaiming - otherwise the forms should be quite self explanatory but if you get stuck just yell xxx

[Amethyst]

Re: Court Claim - arrow global ltd / sainsburys bank plc - 15-9-2014

How you doing gazza ?