CCJ Northampton - Arrow Global Drysdenfairfax

[pandamonia]

Hi Everyone.

I have received a claim form from these crooked debt collectors for circa £1700 for an alleged debt with MBNA which was sold to Arrow Global.

Issue date is 5th November.

Im about 20 months away from this alleged debt becoming Statute Barred

Can someone help me with which process to follow?

Should i send a CPR first? Also i was told not to include the £1 as this can reset the time the debt is barred?

Thanks.

[pandamonia]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

I have just noticed that the person who is claiming against me is

drydens ltd t/a drydensfairfax llc

How can a limited company put a claim in against me? I would assume that a person representing the company would have to do this? Seems to me that this should be struck off for this reason alone?

[Amethyst]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

Hi Pandamonia Sorry for missing your earlier post.

If the claim is signed as Drydens then yes, it should be signed by a 'real' person - I'll chekc tmw but I thik it's part 22 - [MENTION=5354]mystery1[/MENTION] will know off top of his head tho.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)


The £1 goes with the CCA. The stat barring clock has stopped as they have bought a court claim so don't worry about that, and anyway you are making a statutory payment under the cca not making a payment to a debt so it's easily get aroundable if it came up.

[mystery1]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

http://www.justice.gov.uk/courts/pro.../pd_part22#3.1

3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07/pd_part07e#9.1


Statement of truth

9.1 Part 22 requires any statement of case to be verified by a statement of truth. This applies to all online forms.
9.2 The statement of truth in an online statement of case must be in the form –
‘[I believe][The claimant believes] that the facts stated in this claim form are true.’; or
‘[I believe][The defendant believes] that the facts stated in this defence are true.’,
as appropriate.
9.3 Attention is drawn to –
(1) paragraph 3 of Practice Direction 22, which provides who may sign a statement of truth; and
(2) rule 32.14, which sets out the consequences of making, or causing to be made, a false statement in a document verified by a statement of truth, without an honest belief in its truth.


Signature

10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form.
http://www.justice.gov.uk/courts/pro...es/part22#22.2


Failure to verify a statement of case

22.2
(1) If a party fails to verify his statement of case by a statement of truth –
(a) the statement of case shall remain effective unless struck out; but
(b) the party may not rely on the statement of case as evidence of any of the matters set out in it.
(2) The court may strike out^(GL) a statement of case which is not verified by a statement of truth.
(3) Any party may apply for an order under paragraph (2).


M1

[Amethyst]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

told ya

Thanks M1 xx

[pandamonia]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

told ya

Thanks M1 xx

Sorry for being a bit slow on this but am i right in saying that the claim should have been signed by a person because they are saying the claim is true and duly authorised... If so how do i use this?

I am a genius at fighting speeding NIP's but this is all new to me

[mystery1]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

Essentially it has to be signed by a human so that if there are lies told then someone is accountable. Ask them to sign it properly or you'll apply to have the claim struck out.

M1

[pandamonia]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

Essentially it has to be signed by a human so that if there are lies told then someone is accountable. Ask them to sign it properly or you'll apply to have the claim struck out.

M1

Wouldnt that be tipping them off?

If this got to court then wouldnt it be a pretty big deal if the whole claim was invalid due to no one personally signing to say that everything is correct and true?

If i signed a witness statement incorrectly then the whole statement would be inadmissible? Isnt this the same thing?

[mystery1]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

The claim is not invalid.

"the statement of case shall remain effective unless struck out; but
(b) the party may not rely on the statement of case as evidence of any of the matters set out in it."

In civil law you need to be reasonable. Failure could cost money.

M1

[pandamonia]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

The claim is not invalid.

"the statement of case shall remain effective unless struck out; but
(b) the party may not rely on the statement of case as evidence of any of the matters set out in it."

In civil law you need to be reasonable. Failure could cost money.

M1

Im not sure how this works.. but id expect given they are solicitors their side of things should be in perfect order?

Claim filed correctly and signed by a person. If this is not signed and filled out by a person then they have not taken a duty of care to ensure the claim has been filed correctly. Because no human is accountable there is no person to counterclaim against for dishonesty. Any information held in the statement of the claim can no longer be taken as true and correct as it could be produced by a computer program which has auto generated the claim via the CCBS with data held on the claimants computer which has been generated via the bulk purchase of debt. Thus reducing the whole system to nothing more than a junk mail system with frightening consequences.

..... what do you think?

[stevemLS]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

Part 7 CPR and it's associated Practice Directions modify parts and disapply other parts of the CPR in relation to claims issued though a bulk centre.

PD 7C specifically provides that where a batch of claims are to be issued the whole batch can be verified with a single statement of truth and that the person making the statement can provide a signature in electronic form. (Para 1.4(4))

If a claim form had to be personally signed, neither the bulk centre nor MCOL could function.

[Amethyst]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

It can be electronically signed, but it must be signed by a person rather than a company.

ie. Restons now sign theirs Miss L Tipping, rather than Restons Solcitors, as they used to.

[pandamonia]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

It can be electronically signed, but it must be signed by a person rather than a company.

ie. Restons now sign theirs Miss L Tipping, rather than Restons Solcitors, as they used to.

Ok So this maybe a strawman defence at the moment....

Shall i send off the CPR and then see what happens... keep this up my sleeve?

[Amethyst]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

Someone previously did go in with an application under Part 22 and won but it didn't have any effect overall on the case going forward other than waste a bit of time and energy (though M1 may disagree with me there). It is an extra point to put in your defence later though if they fail to respond to your CPR and CCA requests.

[stevemLS]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

The Practice Direction I referenced says that batch issued claims need only have one statement of truth per batch.

Or did I dream I had posted that?