Court Claim - Arrow Global / Egg? - 30-10-2014

[LynW]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

Ah balls!! Pass the tippex!!

thanks!

[Nibbler]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

Remember it this way.

CPR is all rules about how a court claim is conducted, and procedures/requests to do with that. Therefore it's the solicitors (Wilkin Chapman) you send that to as they are they ones doing that side of it.

The CCA is the agreement the creditor and now the DCA should have had, so that request naturally goes to Arrow as they are now the creditor.

Hope that makes sense.

[LynW]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

Thanks Nibbler

[Nibbler]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

Amethyst will hopefully check in later to make sure everything has been covered.

[Amethyst]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

All is well

CCA to CREDITOR ( ARROW )

CPR to SOLICITOR ( WILKIN CHAPMAN )


Arrow will reply and say they are not the creditor, but they are, it's just a time wasting argument meant to deflate your confidence xx
Wilkins will reply saying something about 'we don't have to ner ner ner' etc, again, same reason as above.

Just let us know and we'll help you from there.


You've done the right things in communicating with them about being Stat Barred too, and asking them to prove what payment was made and when etc.

Do you have bank statements covering 2010 to show (and check) you didn't make a payment ?

[LynW]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

We have different bank accounts now and don't have statements going back that far either.

i've sent the letter and postal order to arrow and the other letter to Wilkin chapman, sent them recorded delivery this morning so will see what they com back with.

thanks again guys & gals!

[LynW]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

My husband has had a response to his email asking for evidence that the debt is not statute barred. It says "we can confirm that a request of this nature will need to be detailed on the county court claim form." Then that they suggest he seeks legal advice.

Any thoughts? Should I just wait for the response to the CCA and CPR?

thanks

[Amethyst]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

Yes wait for responses to those and in the defence we'll put them to strict proof of the source of the payment.
The change of address issue and informing them of the change of address could be deemed acknowledgement even if there wasn't a payment, but you can't really know until you get details of when the payment was etc so hopefully we'll have other defences to use so we aren't relying solely on SB. Just a case of waiting for the moment then.

[LynW]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

Thanks Amethyst,

I contacted one of the banks where we could have made payment from and asked for them to search for the transaction but nothing from my account. There are two other accounts it could have been paid from but they are both closed now.

Really can't see how we'd have made a payment so close to Christmas in 2010, we'd not long had a baby, I had been made redundant and hubby wasn't earning a great deal, to be quite frank, we were skint!!

[LynW]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

We've had a letter today from the solicitors saying they will provide the documents that we have requested and that this could take up to 6 weeks and they agree to a 14 day extension. What do we do now?!

[Amethyst]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

Okay cool, you should inform the court that parties have agreed a 14 day extension - and give them the date that takes you to - ( date your defence is due + 14 days)
Email something along these lines to ccbcdefendants@hmcts.gsi.gov.uk

SUBJECT: CLAIMANT v xxxxxxxxx CASE NO: XXXXXX
-------------------------------------------------------------
Dear Sirs

The defendant and the claimant in claim XXXXXX have agreed that the period for filing a defence specified in rule 15.4 shall be extended by 14 days as allowed under CPR 15.5. This extends the date for filing of a defence to xx xxxxxxxxx 2014.

Kind regards

xxxxxxxxx
Defendant

[LynW]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

Thanks,

can someone help me out with my dates though? Papers were issued on 30th October, so with the extra 14 days, when does that take us to?

Also, how will we proceed after the extension period is up as they're saying we're looking at 6 weeks for them to get the information together?

thanks again

[Amethyst]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

Issue date 30th October - plus 33 days ( 5 for service plus 28 ) then 14 for extension = Tuesday, December 16, 2014


When we get to that point if still no documents we'll have to put in a defence based on lack of documents.

[LynW]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

Fantastic, thank you so much again for your advice and support

[LynW]

Re: Court Claim - Arrow Global / Egg? - 30-10-2014

Just had this letter from Arrow Global.

They have attached a statement showing regular payments up until July 2010 as well as other documentation that we had requested.