Court Claim - arrow global / santander - 5-11-2014

[Amethyst]

Re: Court Claim - arrow global / santander - 5-11-2014

Glad you got that sorted



Yes send the CPR and CCA requests now as per


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)

[cc1110]

Re: Court Claim - arrow global / santander - 5-11-2014

Am I ok to write these letter in ink and send or would it be best for them to be typed ?

[cc1110]

Re: Court Claim - arrow global / santander - 5-11-2014

Hi,

I hav sent off CPR and CCA Request forms.

The claimant - Arrow have responded and said they will suspend all collection activity until documentation can be sent to me. However, upon speaking to the court they have not submitted a consent or extension of time and I only have until Monday to respond. Shall I file a defence and say I am filing it until I have more information? Do I need to say anything else? I m so scared about this and worried about having to go to court but I cannot admit the claim as I a; don't have the money to pay and b; because I think it will be statute barred but need the documents to double check. and C; im not even 100% I had the debt but could have.

Any advice you can give will be extremely appreciated.

Thank you

[FlamingParrot]

Re: Court Claim - arrow global / santander - 5-11-2014

I hav sent off CPR and CCA Request forms.

The claimant - Arrow have responded and said they will suspend all collection activity until documentation can be sent to me.

That's a standard template letter Arrow send in response to virtually all CCA requests they receive. That applies equally to those who are have not yet been taken to court, in which case they can suspend collection activity, however, they are sending the same letter to those they've taken to court. That letter should not be believed or taken to mean they will not proceed with the claim, some people have assumed that and ended up with default judgment against them. :mad2:

However, upon speaking to the court they have not submitted a consent or extension of time and I only have until Monday to respond. Shall I file a defence and say I am filing it until I have more information? Do I need to say anything else? I m so scared about this and worried about having to go to court but I cannot admit the claim as I a; don't have the money to pay and b; because I think it will be statute barred but need the documents to double check. and C; im not even 100% I had the debt but could have.

The court would have no knowledge of the letter Arrow have sent you, and it's not an extension letter. An extension cannot be indefinite, the maximum allowed is 28 days. You need to get on the phone to Drydens first thing tomorrow and tell them you have not received a response to your CPR request and you'd like to request their agreement to an extension of 28 days as allowed under CPR 15.5, to file your defence. :cell: Ask them to send you an email stating their agreement so you can forward it to the court.

It is the defendant's responsibility to notify the court that an extension has been agreed. :typing:

[cc1110]

Re: Court Claim - arrow global / santander - 5-11-2014

That's a standard template letter Arrow send in response to virtually all CCA requests they receive. That applies equally to those who are have not yet been taken to court, in which case they can suspend collection activity, however, they are sending the same letter to those they've taken to court. That letter should not be believed or taken to mean they will not proceed with the claim, some people have assumed that and ended up with default judgment against them. :mad2: The court would have no knowledge of the letter Arrow have sent you, and it's not an extension letter. An extension cannot be indefinite, the maximum allowed is 28 days. You need to get on the phone to Drydens first thing tomorrow and tell them you have not received a response to your CPR request and you'd like to request their agreement to an extension of 28 days as allowed under CPR 15.5, to file your defence. :cell: Ask them to send you an email stating their agreement so you can forward it to the court.

It is the defendant's responsibility to notify the court that an extension has been agreed. :typing:

thank you, I have called drydens and they asked me to post them the response to my claim ie; fill in the back of the claim form and then send it to them? To which i replied if I was to fill in the back id send it to them?

The court in a roundabout way said to just file my defence is this a definite no no? Also can I do that online as I only have until 4pm on Monday.

Also, drydens said I had until the 10th whereas the court said the 8th .. Hhmm

[cc1110]

Re: Court Claim - arrow global / santander - 5-11-2014

_{sorry I meant id send my response to the court}

[FlamingParrot]

Re: Court Claim - arrow global / santander - 5-11-2014

thank you, I have called drydens and they asked me to post them the response to my claim ie; fill in the back of the claim form and then send it to them? To which i replied if I was to fill in the back id send it to them?

Why would they ask you to do that? You don't need to send them anything, you need to say you've got a letter from their clients (Arrow) saying the account was on hold, and you have sent them a request for documents they should have supplied within 7 days (the CPR request) and, as they haven't, you'd like them to agree to a 28 day extension to file your defence.

The court in a roundabout way said to just file my defence is this a definite no no?

The court would have said that since they haven't received anything to say an agreement has been reached to extend the period to file your defence. It's not up to the court to grant you an extension, the parties have to agree to it and then you have to notify the court of the agreement.

Also can I do that online as I only have until 4pm on Monday.

Yes, just make sure you are able to log in using the claim number and P/W provided.

Also, drydens said I had until the 10th whereas the court said the 8th .. Hhmm

It's 33 days from date on claim. There is an online calculator here: http://www.timeanddate.com/date/date...&am=&aw=&ad=33 which gives you Monday the 8th if the claim was dated Nov 11th.

[cc1110]

Urgent help needed

Why would they ask you to do that? You don't need to send them anything, you need to say you've got a letter from their clients (Arrow) saying the account was on hold, and you have sent them a request for documents they should have supplied within 7 days (the CPR request) and, as they haven't, you'd like them to agree to a 28 day extension to file your defence.

The court would have said that since they haven't received anything to say an agreement has been reached to extend the period to file your defence. It's not up to the court to grant you an extension, the parties have to agree to it and then you have to notify the court of the agreement.

Yes, just make sure you are able to log in using the claim number and P/W provided.


It's 33 days from date on claim. There is an online calculator here: http://www.timeanddate.com/date/date...&am=&aw=&ad=33 which gives you Monday the 8th if the claim was dated Nov 11th.

Hi, my defence is due in today. I have
spoken to drydens and they assure me the that they have extended the time
for another 28days and they do not need to notofy
Court and cannot send me confirmation for 3 days but assure me they will not take further action. Don't know what to do?

[Amethyst]

Re: Urgent help needed

As they have agreed - you need to notify the court

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 28 days as allowed under CPR 15.5. This extends the date for filing of a defence to 6th January 2014.

Kind regards

xxxxxxxxx
Defendant

[cc1110]

Re: Urgent help needed

Hi again,

so I still havnt received anything from arrow or drydens. The extended deadline is fast approaching ( 6th ) and now I am unsure of what to do.

Also so wil the documents I requested say when I last made a payment as pretty sure this is now statue barred.

As they have agreed - you need to notify the court

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 28 days as allowed under CPR 15.5. This extends the date for filing of a defence to 6th January 2014.

Kind regards

xxxxxxxxx
Defendant

[nemesis45]

Re: Urgent help needed

Hi, the data will probably not show the date of the last payment.
A couple of ways to get an indication on the status of the debt/
1, Phone the original creditor and ask!
2. Check a couple of the credit reference agencies for the debt and look for the default date, if there has been no payment to any party and no written acknowledgment in the 6 year period from the default date and no County Court Claim issued in that 6 year period the debt will be stat barred.

NB All defaulted accounts are removed from credit files on the 6th anniversary of the default date Paid or Not.

[cc1110]

Re: Urgent help needed

Thank you for your quick reply

I have checked credit file and it says it was defaulted 5 and a half years ago although I'm pretty sure I stopped
paying WAY before this. Is that possible ? I have tried to contact original creditor but because the debt has been moved around so much
they have no recollection of the debt? I have also tried the other companies but to no avail. Really don't know what to do now

Hi, the data will probably not show the date of the last payment.
A couple of ways to get an indication on the status of the debt/
1, Phone the original creditor and ask!
2. Check a couple of the credit reference agencies for the debt and look for the default date, if there has been no payment to any party and no written acknowledgment in the 6 year period from the default date and no County Court Claim issued in that 6 year period the debt will be stat barred.

NB All defaulted accounts are removed from credit files on the 6th anniversary of the default date Paid or Not.

[cc1110]

Re: Urgent help needed

Anyone else have an idea ? I'm really
stuck here x

[nemesis45]

Re: Urgent help needed

Hi so would any payment have been made prior to that default date?

I am going to suggest that you e-mail Drydens Fairfax with something along the lines of

Re: Court Claim No.

Sir/ Madam,

I refer to the above mentioned court claim made on behalf of Arrow Global, having checked my credit history I believe that the alleged debt is Statute Barred and I will not make any payment in regard to the alleged debt.

I would remind Drydens Fairfax the onus of providing Unequivocal Proof that the alleged debt is not statute barred lies entirely with Drydens Fairfax and/or its client Arrow Global I have no obligation to provide any evidence that the alleged debt is statute barred.
Please not this is not an acknowledgment of any liability.

e-mail with proof receipt required, copy in post by recorded delivery.

I suggest that you refer this matter to your client immediately.


If AG/DF have not provided an agreement via CCA request or CPR41.14 add that to the letter.

[cc1110]

Re: Urgent help needed

Great, thank you. Will I need to file my defence beforehand ? As they have extended the time until Monday they could take action and issue a CCJ I believe ? So want to get my defence in before they do. Is it acceptable to put in defence ' I believe debt is SB ?

Hi so would any payment have been made prior to that default date?

I am going to suggest that you e-mail Drydens Fairfax with something along the lines of

Re: Court Claim No.

Sir/ Madam,

I refer to the above mentioned court claim made on behalf of Arrow Global, having checked my credit history I believe that the alleged debt is Statute Barred and I will not make any payment in regard to the alleged debt.

I would remind Drydens Fairfax the onus of providing Unequivocal Proof that the alleged debt is not statute barred lies entirely with Drydens Fairfax and/or its client Arrow Global I have no obligation to provide any evidence that the alleged debt is statute barred.
Please not this is not an acknowledgment of any liability.

e-mail with proof receipt required, copy in post by recorded delivery.

I suggest that you refer this matter to your client immediately.


If AG/DF have not provided an agreement via CCA request or CPR41.14 add that to the letter.