Arrow Global/Blake Lapthorn County Court claim

[ikeymo]

Re: Arrow Global/Blake Lapthorn County Court claim

Sorry, that passage does sound confusing. When setting up the DMP in 2008 there was a claim from Egg which originally was accepted for the DMP but Brian Carter put in a court claim and before we new it a CCJ was set up. We felt we had replied in time so that is why my son wrote to the court. He was told that nothing could be done as the CCJ was in order and they could not answer for Bryan Carter, can't remember the actual words at the moment. We were a bit green really. It's dwindling slowly to the tune of £10 a month and will hang around for some time unfortunately, unless we win the lottery. We've helped a lot in the past but my husband and I are pensioners and we just can't keep doing this as much as we love him. The only way Brian Carter will get paid off any time soon is if the debt is halved. They did offer that he made a 40% payment in 2012 but we did not have the money at the time. Hopefully, my son's new job will pay a little better and he can clear the debt.

[FlamingParrot]

Re: Arrow Global/Blake Lapthorn County Court claim

Sorry, that passage does sound confusing. When setting up the DMP in 2008 there was a claim from Egg which originally was accepted for the DMP but Brian Carter put in a court claim and before we new it a CCJ was set up. We felt we had replied in time so that is why my son wrote to the court. He was told that nothing could be done as the CCJ was in order and they could not answer for Bryan Carter, can't remember the actual words at the moment. We were a bit green really. It's dwindling slowly to the tune of £10 a month and will hang around for some time unfortunately, unless we win the lottery. We've helped a lot in the past but my husband and I are pensioners and we just can't keep doing this as much as we love him. The only way Brian Carter will get paid off any time soon is if the debt is halved. They did offer that he made a 40% payment in 2012 but we did not have the money at the time. Hopefully, my son's new job will pay a little better and he can clear the debt.

Ah. so there is a CCJ for an Egg card and this is a totally different card that was also included in the old DMP. Thanks for the clarification. :yo:

[ikeymo]

Re: Arrow Global/Blake Lapthorn County Court claim

My son received the letter attached on Saturday 22/11/2014. Not sure where I go from he, I have been delayed in dealing with it due to myself and my son being ill. What do I do with the postal order?
I have added a reminder of claim details for convenience.

Original Agreement MBNA - Credit card (taken out as a Virgin credit card)
Date of Original Agreement 01/07/2004
Date of Transfer to Arrow Global 11/09/2007
Amount Outstanding to Arrow Global £1724.32
Solicitor Blake Lapthorn
County Court Claim received. 11/11/2014
Issued 07/11/2014
Claim acknowledged online.
CCA request sent by recorded post 19/11/2014
CPR request sent by recorded post 19/11/2014
I believe the debt is Statute Barred.

The debt was initially included on a DMP in October 2008 and initial £5 sent but no payments made through DMP as nobody seemed to be dealing with it.

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[FlamingParrot]

Re: Arrow Global/Blake Lapthorn County Court claim

My son received the letter attached on Saturday 22/11/2014. Not sure where I go from he, I have been delayed in dealing with it due to myself and my son being ill. What do I do with the postal order?

That letter refers to he CCA request which went to the solicitors instead of the claimant, but they've said they will ask Arrow for the documents so there's no need to do anything. BL have said their client doesn't require the fee so no need to do anything.

There's no need to chase that CCA request but do keep an eye on the timescales and the CPR request. Once the 7 days are up BL should be contacted, asking them to agree to an extension of 28 days as you guys are waiting for info from them.

Do post up when you hear from BL, or not as the case may be. :ranger:

[ikeymo]

Re: Arrow Global/Blake Lapthorn County Court claim

My son has received the following today, plus the usual agreement T&Cs and one monthly statement from August 2007 !.
I find the details that they are confirming at a. b. and c. a bit confusing, it seems to say only £45 is owing and not £1724.32. Also there is an account number that looks like a credit card number but it does not belong to my son. Where do I go from here? Sorry to rely on you so much, I have read the pointers but still am finding it difficult and the time is bothering me. I don't know if what my son has is Norovirus but I'm not well myself. Couldn't have come at a worse time.
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Thank you.

[ikeymo]

Re: Arrow Global/Blake Lapthorn County Court claim

Sorry don't know what happened there. Here is the first letter.


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[ikeymo]

Re: Arrow Global/Blake Lapthorn County Court claim

Would the following be a suitable defence to enter online or should it be more detailed? :help:

I do not admit liability for this debt. The last payment to this
debt was made over 6 years ago to include this in a DMP this was
accepted but never acted on and since then I have not acknowledged
this debt nor made any further payment to it. Therefore I believe
this claim to be statute barred.

[ikeymo]

Re: Arrow Global/Blake Lapthorn County Court claim

Or is this better for my defence online? :-

I do not admit liability for the debt on the claim form. The last
payment to this debt was made over 6 years ago to include it in a
DMP that was set up in October 2008. It was placed on the DMP but
never acted on and no monies were taken from the DMP. Since that
time I have not acknowledged this debt nor made any further
payment to it. As this claim was issued on 7th November 2014 I
believe this claim to be statute barred.
Worrying now.

[enaid]

Re: Arrow Global/Blake Lapthorn County Court claim

Bump

[FlamingParrot]

Re: Arrow Global/Blake Lapthorn County Court claim

Would the following be a suitable defence to enter online or should it be more detailed? :help:

I do not admit liability for this debt. The last payment to this
debt was made over 6 years ago to include this in a DMP this was
accepted but never acted on and since then I have not acknowledged
this debt nor made any further payment to it. Therefore I believe
this claim to be statute barred.

A statute barred defence will be as below:

The claim was issued on the [ENTER DATE ON CLAIM FORM].

The Defendant contends that this is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980 in that in excess of 6 years have elapsed since the date on which any cause of action accrued. No acknowledgement or payment on this debt has been made since [ENTER MONTH AND YEAR WHEN LAST PAYMENT WAS MADE].

There's no need to go into detail about the DMP, the onus is on the claimant to PROVE it's not SBd. :thumb:

[ikeymo]

Re: Arrow Global/Blake Lapthorn County Court claim

Thank you so much FlamingParrot. Been watching a Christmas film, trying to leave it behind for 5 minutes. Sorry , tonked. No I'm not from Cornwall.

[ikeymo]

Re: Arrow Global/Blake Lapthorn County Court claim

Thank you so much Flaming Parrot, thought I had replied to this but, had a few, watching Christmas film , trying to get away from stuff. Ready to fight in the morning. getting a bit old for this. I'm a bit tonked. It's Friday. :sleep:

[ikeymo]

Re: Arrow Global/Blake Lapthorn County Court claim

First of all can I say Happy New Year to everyone and I hope you all had a good Christmas.
We received a letter from the court dated 5th December 2014 acknowledging the defence and stating a copy was being served on the claimant and that they must contact the court within 28 days after receiving the defence. Sadly on that same day my son's employers layed him off due to his lack of sales in November, a month when he was ill for two weeks with Norovirus and for which they actually told him to go home and go to bed. Neither Arrow Global nor their solicitor have yet been in touch with my son. I am not sure now with those 28 days being over Christmas and New Year when that period is up. could anyone advise? Meanwhile my son's confidence has taken a tumble, he has never been sacked before, and we are still paying his direct debits but within the next month we are really going to be in a mess.

[ikeymo]

Re: Arrow Global/Blake Lapthorn County Court claim

Bump x

[Amethyst]

Re: Arrow Global/Blake Lapthorn County Court claim

Hi ikeymo,

Well it probably is over the 28 days now so possibly give the court a call tomorrow and ask them, the claim will probably have been stayed and then you can decide whether to apply for a strike out or leave it in the sidelines and deal with it as and when the claimants try to pick it back up.

Sorry to hear about your sons employment He may need to consider speaking to National Debtline / Stepchange about the overall situation before things run away with you xx

Let us know what the court say

Sharon
xx