Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

[christinez]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Bump

[christinez]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Hi,
Is there anyone that can help with post 15 please?
Thanks
Christine

[Kafka]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

I have received this letter this morning after requesting the CCA from Arrow Global. What is my next step? I take it they are saying they don't have the agreement. So how can they take me to court?

Thanks
Christine

That letter is not actually a formal agreement to extend the period for your defence, because you need to be gifted with skills of clairvoyancy to know when they will comply. They have already stated that they are able to seek judgment from 30th October - when that's plainly not true - so I suspect that this may be a ruse to get you to do nothing by the due date for the defence, so they can then seek judgment by default.

If it was me I would write to the court with a copy of that letter, telling them that the claimants have made a vague agreement to an extension for your filing your defence, but that they haven't agreed a 14- or 28- day extension as is normal. Say you will update them as you can. You may need this is they try for default judgment at any time.

In the circumstances I would work to the current deadline for the defence of the issue date + 33 days. If they haven't complied by that time we can highlight that and their false claim about judgment from 30th October and this vague extension. That will all show the court the games they are playing. There isn't ling now for the 33 days to be up, so you need to start working now on ideas for the defence.

[christinez]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Hi Kafka,
Thank you so much for your reply. Yes, I did think that would be the case. I was lucky enough to have Kate Briscoe win a Stat Demand case for me earlier this year. I have the statement that she sent me and I have had a look through and pulled bits from it that I think I can use to submit my defence.

Would you be kind enough to have a look through and see if I can use this or is it a bit much, I've left the dates and amounts out for now!

1. That on the xxxxx Claim form xxxxxx hereto and marked “A” came into my hands

2. Do not admit the debt is recoverable because the enforceability of the alleged debt is in dispute and the respondent’s right to demand immediate payment is also disputed at this juncture.


The respondent alleges that the applicant is indebted to it in the sum of £xxxx being the amount outstanding under an agreement regulated by the Consumer Credit Act 1974 (“CCA”). It is further alleged in the body of the claim that the debt was assigned to the respondent from Sainsbury’s Bank PLC on . The applicant will say that the Claim be struck out upon the following grounds:

1. The enforceability of the regulated agreement underpinning the debt is strongly disputed. There are numerous breaches of the Consumer Credit Act 1974 which require proper investigation. Details of the aforesaid breaches are set out herein.
2. The respondent is put to strict proof that the alleged debt has been properly assigned.
3. The respondent has demanded the full outstanding balance to be paid immediately. The respondent is put to strict proof that a compliant Default Notice was served in relation to the alleged agreement pursuant to CCA s. 87 & 88 (1) thus giving right to demand immediate repayment of the sums claimed. The applicant has not received any Default Notice from the Original Creditor or the Respondent. Accordingly, the Applicant will say that s.87 CCA has not been complied with and the Respondent is not entitled to terminate the agreement or accelerate the earlier repayment of the debt.

The applicant will reply upon the High Court case of Harrison v Link in support of the proposition that a Default Notice is a statutory precondition of enforcement ( see para 75 of HHJ Chambers QC ruling). The Applicant will also say that no notice of sums in arrears have been served upon the Applicant contrary to s.86 (c) CCA 1974 and accordingly, such a breach renders the agreement unenforceable while the breach continues.


The Respondent is also subject to a statutory bar on charging interest while in breach of the aforesaid provision.


d)The respondent is in breach of s.78 CCA 1974. On 21 October 2014 the Applicant made a request pursuant to s.78 (1) CCA 1974 to Arrow Global Ltd. The request was in writing and was accompanied by the statutory £1 fee. Arrow Global returned the cheque and have so far failed to properly comply with the request made under s.78 (1) and no agreement has been supplied.

Is there anything else I should add or indeed remove?

Thank you for your help in advance.
Christine

[Amethyst]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Hi Kafka,
Thank you so much for your reply. Yes, I did think that would be the case. I was lucky enough to have Kate Briscoe win a Stat Demand case for me earlier this year. I have the statement that she sent me and I have had a look through and pulled bits from it that I think I can use to submit my defence.

Was the stat demand in the same case and was it won on the basis of no documents being sent to you ?


I'm just going through your defence - just to check you're not in Scotland are you? (mainly because you do appear to have used some typical scots law wording in the defence)

[christinez]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Hi Amethyst,

No the demand was a totally different credit card company. It was won as Lowell/BW Legal agreed a consent order withdrawing the stat demand & paid the legal costs. If I remember rightly it was due to the paperwork not being legible. I sent Kate the CCA that I had had years earlier and she just took it from there.

No I'm not in Scotland, I just picked some bits that Kate had used in my previous defence.

Thank you for taking a look for me. I really appreciate it.
Christine

[Amethyst]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Ahhh that's because it was a Statutory Demand then, rather than a Court Claim. The language is slightly different - It's okay was just making sure, will make some amendments for you then post it back up. It's a bit of a different thing defending a SD - as basically a SD is only for undisputed debts so any dispute pretty much can get rid of it.

I'm reading back through the thread just to check what you have asked for and received / not etc so give me a bit.

[Amethyst]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Okay we are a bit early to be sending this in just yet, but trying to stick with the way you were writing I've amended so it is more of a court claim defence than a stat demand set aside defence. So treat this as a starting point ok.



1: I received the Claim No. xxxxxx on xxxxxxxxxxxxxxxxDATExxxxxxxxxxxxxxxxx


2. The Claimant alleges that I am indebted in the sum of £xxxx being the amount outstanding under an agreement regulated by the Consumer Credit Act 1974 (“CCA”).


3: The Claimant has not provided me with a copy of the original credit agreement despite my having sent a formal request under s.78(1) of the CCA, with the statutory payment of £1, to the Claimants, who are defined as the Creditor by virtue of s.189 CCA 1974.

4. The Claimant's returned the payment contending they are not the creditor as envisaged by the CCA 1974 and have so far failed to properly comply with the request made under s.78 (1) and no agreement has been supplied.

5: Therefore by virtue of s.78(6) the Claimant is unable to enforce the agreement whilst their default continues.


6: The Claimants state that the debt was assigned to the Claimant on 14/7/2011, notice of which has been provided to the defendant.

7. The Claimants are put to strict proof that the alleged debt has been properly assigned. I have not, so far as I recall, received any notice of assignment to the Claimant from Sainsbury's Bank Plc. I have requested a copy of the assignment notice under CPR 31.14 but to date have not received a copy.

8. The Claimants state that a default notice has been served pursuant to the Consumer Credit Act 1974

7: The Claimant is also put to strict proof that a compliant Default Notice was served in relation to the alleged agreement pursuant to CCA s. 87 & 88 (1) thus giving right to demand immediate repayment of the sums claimed. I have requested a copy of the default notice under CPR 31.14 but to date have not received a copy.

[christinez]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Thank you so much Amethyst. That's superb. Can I file that defence online or do I have to send it to the court via recorded delivery. Do I also have to send a copy to the Claimant at the same time? If I can do it online shall I leave it right until the last day? Kafka said I should send a copy of the letter I received in post 15 to the court or shall I just file my defence by the deadline?

I am so grateful for your help.
Christine:cheer2::beagle2222:

[Amethyst]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Did you reply to their letter denying responsibility for providing the CCA ?

We should reply (to the solicitors) to their '6 weeks' letter asking them to agree formally to an extension, but time is a bit short so an email might be in order if you haven't already.

They weren't fibbing about their entitlement to go for default judgment earlier btw, if you hadnt of acknowledged the claim they would have been.

[christinez]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Hi Amethyst, I sent this email to them and received the letter back stating a vague 14 day extension.

30 October 2014

Claim number: A3CQ825F

Dear Sirs

I refer to my letter of the 21st October 2014 containing a CPR request. Seven days has now passed and you have failed to send the requested documents. As you have not produced the documents and if you cannot produce the documents, I ask that you agree to an extension, CPR 15.5 allows up to 28 days.

For your information a copy of the unsigned letter is attached.

And I sent this email also:
31 October 2014


Dear Arrow Global

Thank you for your letter dated 28/10/2014. You state in your letter that you are not in possession of the original document requested. However, you state on the Court Claim Form Claim No: A3CQ825F that agreement between the Defendant & Sainsbury’s Bank PLC (No. 5126879967839940) and assigned to the Claimant on 14/7/2011

I would like to draw you to the definition of creditor, CCA s.189. “Creditor” means the person providing the credit under the credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor.

Yours sincerely

I have not had any response from that?
Christine

[Amethyst]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Ok that's fine.

We'll add that to the defence then.

[christinez]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Ok, so I'll just drop them an email asking to formally agree to an extension and I'l ask for 28 days. Then notify the court when I get a reply. If they agree to the extension, do I still put my defence in by the due date I have?

I said to my fiancé that if I did nothing they would go for the default judgment. Very sneaky!

[Amethyst]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

1: I received the Claim No. xxxxxx on xxxxxxxxxxxxxxxxDATExxxxxxxxxxxxxxxxx

2. The Claimant alleges that I am indebted in the sum of £xxxx being the amount outstanding under an agreement regulated by the Consumer Credit Act 1974 (“CCA”).

3: The Claimant has not provided me with a copy of the original credit agreement despite my having sent a formal request under s.78(1) of the CCA, with the statutory payment of £1, to the Claimants, who are defined as the Creditor by virtue of s.189 CCA 1974.

4. The Claimant's returned the payment contending they are not the creditor as envisaged by the CCA 1974 and have so far failed to properly comply with the request made under s.78 (1) and no agreement has been supplied.

5: Therefore by virtue of s.78(6) the Claimant is unable to enforce the agreement whilst their default continues.

6: The Claimants state that the debt was assigned to the Claimant on 14/7/2011, notice of which has been provided to the defendant.

7. The Claimants are put to strict proof that the alleged debt has been properly assigned. I have not, so far as I recall, received any notice of assignment to the Claimant from Sainsbury's Bank Plc. I have requested a copy of the assignment notice under CPR 31.14 but to date have not received a copy.

8. The Claimants state that a default notice has been served pursuant to the Consumer Credit Act 1974

9: The Claimant is also put to strict proof that a compliant Default Notice was served in relation to the alleged agreement pursuant to CCA s. 87 & 88 (1) thus giving right to demand immediate repayment of the sums claimed. I have requested a copy of the default notice under CPR 31.14 but to date have not received a copy.

10. As the case has not been allocated as yet it is my belief I am entitled to request copies of documents mentioned in the claimants statement of case under CPR 31.14.

11: I have contacted the Claimant on numerous occassions, and offered to agree to an extension to allow them time to send the documents to me. I ask the Court asks the Claimants to provide me with the documents required to enable me to properly assess and plead my defence, and should the documents be provided allow me to amend my defence and ask the claimants to pay the costs of that amendment.

12. As things stand, it is denied the Claimant is entitled to the relief as claimed or at all.

[Amethyst]

Re: Court Claim - Arrow Global LTD / Sainsbury"s Bank - 10-10-2014

Ok, so I'll just drop them an email asking to formally agree to an extension and I'l ask for 28 days. Then notify the court when I get a reply. If they agree to the extension, do I still put my defence in by the due date I have?

I said to my fiancé that if I did nothing they would go for the default judgment. Very sneaky!

From reading your previous emails I think you already have that covered so I'd just get your defence in now.