CCJ Northampton - Arrow Global Drysdenfairfax

[Amethyst]

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.

Nope that is what you said xx

[pandamonia]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

Can i ask a question here...

Say if you enter a defence and then before the court date can you negotiate a settlement?

[stevemLS]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

Yes, you can settle any time before a final hearing - even minutes before a hearing.

[pandamonia]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

Yes, you can settle any time before a final hearing - even minutes before a hearing.

Do you have any experience with what you can usually get away with?

Because this is only £1500 im going to use this one as a test case and see what happens when i defend it and try and clear it.

Do you think that defending it and then offer of settlement puts you in a stronger position? If they wont settle for a low figure then ill fight it in court and if i lose just pay it off....

[stevemLS]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

If your defence is based on the "flawed" statement of truth, I don't think it will assist you a bit.

The fact that they have issued would suggest that they are looking to recover in full.

However, that is not to say they won't negotiate - in an action of this type, i.e. a straightforward debt - I would have said a "steps of the court" negotiation is less likely to succeed than it other types of case.

On this, though, I am guessing.

[pandamonia]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

If your defence is based on the "flawed" statement of truth, I don't think it will assist you a bit.

The fact that they have issued would suggest that they are looking to recover in full.

However, that is not to say they won't negotiate - in an action of this type, i.e. a straightforward debt - I would have said a "steps of the court" negotiation is less likely to succeed than it other types of case.

On this, though, I am guessing.

If i fail to secure a settlement of 15-25% of the debt on this occasion then ill be writing to all of my creditors to settle the rest of the debts before they go to CC in the future. If they refuse given the size of those debts then ill likely just never pay any of them or go BR.

I may even petition for BR and then offer to settle them all or i press the nuclear options and they get nothing... and i mean they wont get a penny. Once i get a CCJ then i may as well go BR the effect is the same. No credit for 6 years... At least BR they wont be able to chase me any more.

[Amethyst]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

I would wait until a few days before your defence is due in as you will have a much better idea whether they have the backup documents or not.

Arrow purchase debts for something like 10% - 20% of their value, and COULD accept 40% plus the court fee if you play it right. The more points in your favour first the better, so a failure to provide the agreement, a faulty DN and assignment issue could help. Drysdens though are tougher than others like Bryan Carter so I wouldn't expect them to fall on their swords.

It's very much a play it by ear, and it is always a game of chess with these cases.

[pandamonia]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

Seems high given i have had offers on other debts for 20% already... Im only 20 months away from being statute barred on all the debts... i know this because this is when i lost my job and stopped paying them. Thankfully this is the smallest debt of them all and a good place to test the water...

I often wonder if smaller debts are preferred due to the ease in which to recover the money. Im hoping the bigger ones are so big they think they will never get their money..

[Amethyst]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

Once they have a court claim in they have a bit more power over you (unless they fail completely with producing the CCA - then you might get them to discontinue for nothing)

[pandamonia]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

Once they have a court claim in they have a bit more power over you (unless they fail completely with producing the CCA - then you might get them to discontinue for nothing)

When they produce the CCA is this the document i signed from when i took out the credit card? A copy of the original?

[Amethyst]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

Yes, or a true copy (reconstruction) of such.

This is what you are asking for in the CCA request with the £1.

[mystery1]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

When they produce the CCA is this the document i signed from when i took out the credit card? A copy of the original?

It should be but the only people who know this are those involved in the transaction. No matter what they produce they'll say it is but if you recall differently that's a potential major headache for them as their copy won't be honest and accurate and as such is not a copy at all.

M1

[mystery1]

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.

(4) Practice Direction 22 is modified as follows –
(a) a single statement of truth may accompany each batch of requests to issue claim forms and may be in electronic form;
(b) the form of such a statement must be: ‘I believe that the facts stated in the attached claim forms are true.’; and
(c) the signature of the appropriate person (as to which see paragraph 3 of Practice Direction 22) may be in electronic form.

The legislation i spelled out is correct. It must be signed by a person and typing your name counts as a signature for bulk claims.

This is a cheap and easy way to let them know there are easier targets and may result at any time in a decision to abandon to pursue easier money. Of course they might just correct it but they tend to be a bit arrogant.

M1

[pandamonia]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

(4) Practice Direction 22 is modified as follows –
(a) a single statement of truth may accompany each batch of requests to issue claim forms and may be in electronic form;
(b) the form of such a statement must be: ‘I believe that the facts stated in the attached claim forms are true.’; and
(c) the signature of the appropriate person (as to which see paragraph 3 of Practice Direction 22) may be in electronic form.

The legislation i spelled out is correct. It must be signed by a person and typing your name counts as a signature for bulk claims.

This is a cheap and easy way to let them know there are easier targets and may result at any time in a decision to abandon to pursue easier money. Of course they might just correct it but they tend to be a bit arrogant.

M1

There are definitely easier targets than me. Now i just need to show them that...

Has anyone tried the method of copywriting/trademarking your name on getoutofdebtfree.org?

[stevemLS]

Re: CCJ Northampton - Arrow Global Drysdenfairfax

Well, IMO, para (c) applies to the batch statement of truth, not the individual claim forms.