Court Claim - Arrow Global / Nationwide - 5-11-2014

**FlamingParrot** · 29th November 2014, 00:10:AM

Re: Court Claim - Arrow Global / Nationwide - 5-11-2014

Originally posted by Ariadne View Post

Received a claim? Yes
Issue Date: 5-11-2014
Amount approx: 4999
Claimant: Arrow Global
Solicitor: DrydensFairfax
Original Credit: Nationwide

Particulars of Claim:

Stat Barred? Yes

Have sent: Acknowledged the Claim, Sent a CCA request

Other Info:
Hi, I am new to the forum so please forgive me if I post this incorrectly! I am at the stage with a Northampton court claim where I have acknowledged the claim, intend to defend and have requested a cca. Dryden is the solicitor and Arrow Global the claimant on a credit agreement with Nationwide. (I am guessing this refers to a loan from 2003 which was not paid in full) Arrow Global have responded to my cca request stating that they will be contacting the original creditor and contacting me in due course. My question is do I request for an extension with Drydens as the defence is due by 7th December? I have not sent the CPR 31.14 yet - would this still be applicable given the date now? Any advice would be welcome as I believe this debt to be statute barred and have no previous correspondence from the claimant or solicitor other than the claim pack from court! Many thanks.

Hi and welcome

Sorry to have missed your post the other day.

That's a standard response to the CCA request.

You could still send a CPR 3.14 request to Drydens and also ask them to agree to a 28 day extension under CPR 15.5. To save time you can do this over the phone, :cell: saying you are awaiting information from them.

Don't chase Arrow for the CCA request as non-compliance can be used in your defence. :thumb:

Bear in mind the documents you can ask for under the CPR request may not show whether the debt is SB or not. There is another request you can send to request the last payment date:
http://www.legalbeagles.info/forums/...233#post388233

**Ariadne** · 1st December 2014, 10:39:AM

Re: Court Claim - Arrow Global / Nationwide - 5-11-2014

Many thanks for your reply, only just seen this today. I did as you posted so we will see what this week brings. Really appreciate your response, thanks.

**Kafka** · 1st December 2014, 12:02:PM

Re: Court Claim - Arrow Global / Nationwide - 5-11-2014

Watch the dates as the defence-due date approaches. If they agree an extension then notify the court of this (with written proof) but if they don't then you need to submit a defence by the due date, effectively stressing that they haven't complied so you still can't defend properly.

**Ariadne** · 2nd December 2014, 02:53:AM

Re: Court Claim - Arrow Global / Nationwide - 5-11-2014

Thank you! I have not heard back from Drydens having emailed and written. The only letter I received was from Arrow Global on 25th to say they would be contacting the original creditor and getting back to me "in due course." By my reckoning the defence is due by 7th December so really I need to get this to court by Friday 5th at the latest. Having searched the site (which has been a life line thank you all) it seems my options are an embarrassed defence on the lines of them not supplying the documents requested, or else an unless order. I have requested an extension by letter to both Arrow and Drydens and as yet have not heard. I plan to call Drydens tomorrow but either way any advice on the defence procedure? I am sure this is statute barred and my last payments were 2006 as this is when I left work due to stress and was unable to continue payments. Silly to bury my head in the sand though it seems I'm not the only one! Your advice is most appreciated!!

**Ariadne** · 2nd December 2014, 10:30:AM

Re: Court Claim - Arrow Global / Nationwide - 5-11-2014

Morning, me again, panicking! Drydens have emailed me a reply to my CPR 15.5 request re extension stating,

"Dear Madam

We are happy to correspond with you by email but we need your written consent stating that you are happy to receive email correspondence and confirming that your email address is secure.
You can provide that written consent by email, stating the following:

' I expressly consent to drydensfairfax sending my personal data to this email address and confirm that this email address is secure to me. I acknowledge that it is my responsibility to ensure that the email address remains secure. I may withdraw this consent at any time by written notice to you.'
Yours faithfully

Drydensfairfax"

Due to the time constraints is this advisable to allow email correspondence, or am I right to be cautious here?? Should I phone them? I prefer everything by letter but because I am stuck for time now have I made a mistake in emailing them? Would really appreciate any advice here - they still are not saying they will agree to extension or where the cca is.... :tinysmile_hmm_t2:

**Amethyst** · 2nd December 2014, 10:36:AM

Re: Court Claim - Arrow Global / Nationwide - 5-11-2014

Email correspondence would be fine, and the convenience of being able to do so does work both ways.

**Ariadne** · 2nd December 2014, 10:41:AM

Re: Court Claim - Arrow Global / Nationwide - 5-11-2014

Thanks for the quick reply, much appreciated.x

**Ariadne** · 4th December 2014, 17:39:PM

Re: Court Claim - Arrow Global / Nationwide - 5-11-2014

Hi there,

Any advice would be appreciated please.... As I had not heard from Drydensfairfax in relation to an extension to file my defence I went ahead and submitted it by special delivery today.
The defence was due by 8th so I didn't want to miss it. Just checked my emails and they have just now emailed agreement to an extension and said the account is 'on hold' until they provide the documents I requested, then when I receive them I will have 14 days to reply!
Any advise how to respond and proceed? My defence was based on them not providing the documents in time. Thanks for the help, not sure what I would have done without this site and you guys.

**FlamingParrot** · 4th December 2014, 20:31:PM

Re: Court Claim - Arrow Global / Nationwide - 5-11-2014

Originally posted by Ariadne View Post

Hi there,

Any advice would be appreciated please.... As I had not heard from Drydensfairfax in relation to an extension to file my defence I went ahead and submitted it by special delivery today.
The defence was due by 8th so I didn't want to miss it. Just checked my emails and they have just now emailed agreement to an extension and said the account is 'on hold' until they provide the documents I requested, then when I receive them I will have 14 days to reply!
Any advise how to respond and proceed? My defence was based on them not providing the documents in time. Thanks for the help, not sure what I would have done without this site and you guys.

I assume you sent your defence to the court, in which case they will send it to the claimant and they'll have 28 days to respond saying whether they wish to proceed with the claim, if they don't respond the claim will be stayed.

As you have submitted your defence, you no longer need to forward the extension to the court.

**Ariadne** · 4th December 2014, 23:13:PM

Re: Court Claim - Arrow Global / Nationwide - 5-11-2014

Hi, yes I sent my defence to the court this morning so will arrive tomorrow. I will let Drydens know then.

Thanks for your reply and help.

**Ariadne** · 8th February 2015, 15:07:PM

Re: Court Claim - Arrow Global / Nationwide - 5-11-2014

Hello,

Thanks for your help previously with this court claim. I finally received some documents through from Arrow on 31st Jan after a letter from court advised that it was stayed and I should correspond with the claimant to try to resolve it when they sent me the documents I had requested. Although they have sent a copy of the terms and some statements, they have not included any default letters or notice of assignment. Also there is a payment made by 'direct credit' on the Nationwide statement for Feb 2009 which I did NOT make. My last payment to Nationwide was 2006. The amount they say is outstanding differs from the court claim, Nationwide statement and Arrow's own letter. As far as I know this is a statute barred debt as I have not acknowledged or paid this since 2006.

I am going to send a SAR letter to Nationwide to verify this further but in the meantime I plan to request notice of assignment and default letter. Should I mention it being statute barred at this stage also? Would appreciate your advice??

Court Claim - Arrow Global / Nationwide - 5-11-2014