Court Claim - Arrow global limited / EGG I think - 3-2-2015

[rogerfoulser]

Re: Court Claim - Arrow global limited / EGG I think - 3-2-2015

Hi Nemesis
Up until today, I have still had no reply from AG, tomorrow will be a week since I sent Arrow Global the 7 day notice letter, after speaking to the court, I received and have printed off the N244 form that the court sent me, I have looked through it, some I can fill in other bits I could do with your help, I really do not want to get it wrong at this stage. On the top right hand page of the form it says ''in the'', I presume that means the court where the case is held, then it says claim no, again I presume this is the current case number, is that correct? The next 2 lines say fee account no, and warrant no, I am guessing that I leave those 2 blank, then claimant, defendant = OK, date again I presume the 23/4/15, then Q1 = OK, Q2 = OK, Q3 asks What are you asking the court and why? Q4 it asks if I have attached a draft order? Q5 Asks how do I want the application dealt with, giving 3 choices of at hearing, without hearing or at telephone hearing?Q6 asks how long I think the hearing will last and has it been agreed with all parties? Q7 Give details of a fixed trial date? Q8 what level of judge does your hearing need? Q9 who should be served with this application? Q9a Give the service address, ( other than details of the claimant ) or any other party named in Q9? Q10 what information will you be relying on, in support of your application, then 3 boxes with The attached witness statement? The statement of case? And the evidence set out in the box below. Then a Statement of Truth OK, and last Q11 signatures and address ect. After writing this I am sure I read something about not needing to fill in Questions 4 to 9, does that sound right. I await your reply.
Roger

[rogerfoulser]

Re: Court Claim - Arrow global limited / EGG I think - 3-2-2015

Nemesis
I just checked the court letter and it does say I do not need to fill in Questions 4-9 just Q10 and Q11.
Roger

[Amethyst]

Re: Court Claim - Arrow global limited / EGG I think - 3-2-2015

This bit in the guidance is where it says about questions 4 - 9 (just clarifying)

Complete form N244 as follows:

 Quote your Claim number in the relevant box on the top right of the N244.

 In questions 1 and 2 clarify who you are and how you are related to the claim e.g. Defendant, Solicitor etc…

 In question 3 write that the order you are seeking is to ‘Set Judgment Aside’ and provide a reason for disputing the Judgment that has been recorded.

 It is not necessary to complete questions 4 – 9

 In question 10 clarify what evidence you wish to rely on in support of your application, if necessary providing any further details in the box provided.

 Sign the statement of truth in section 10.

 The applicant must sign the application in section 11; third party signatures are not accepted.

If you do not comply with the above the application will be returned to you.

[rogerfoulser]

Re: Court Claim - Arrow global limited / EGG I think - 3-2-2015

Hi Ametyst
Thanks for the advice, after writing ' set aside ' you say and provide a reason for disputing the judgement that has been recorded, apart from thinking it is statute barred, Arrow Global have still not provided me with a copy of my CCA, which I formally asked them for back on the 13th February, would this also be classed as a reason?
Roger

[nemesis45]

Re: Court Claim - Arrow global limited / EGG I think - 3-2-2015

Hi Roger,
The judgement supercedes the original agreement, meaning the creditor/DCA has no obligation to provide a copy now.
What " evidence " do you have to support a claim the debt was statute barred prior to the claim being issued.

It is possible to ask for the documents on which the claimant relied upon when filing for judgement, can be added to Para (10)

nem

[rogerfoulser]

Re: Court Claim - Arrow global limited / EGG I think - 3-2-2015

Nemesis
I have looked through old paperwork, I a can only assume that it was originally EGG, the last time I probably used the credit card was around 2005 and have not made any payments since then, which was 10 years ago, I then moved from that property, it was demolished weeks later, I had mail redirected but never heard from EGG again, I have moved three times since then and have still never received any form of communication about re assignments which AG quote they did on the 8/2/13, they allegedly sent me a notice which is rubbish, I never received anything about the debt. I had an Experian credit check on 17/3/14 and it did not appear, surely they wouldn't get it wrong? I really do not know what to do, AG have not written to me since they asked for confidential details and confirmation of address. I have sent copies of every letter to the court, the court appear to be quite helpful, I do not want to part with £155 fee for the N244, if it is pointless, with reference to paragraph 10 it quotes what information will I be relying on, in support of my application then 3 boxes, do you mean tick the box that says ''the statement of case'' and ask for the claimant to supply the documents?

[rogerfoulser]

Re: Court Claim - Arrow global limited / EGG I think - 3-2-2015

Hi Amethyst
I had a reply from Nem, but I am still unsure what to do next, the fact that I have never seen the CAA does not help, regards evidence, I can only say that I did a credit check and it was not there, which does not mean a thing, I could send the N244 form in, which will cost me £155 and still end up losing, all I know is this go's back over 10 years ago and AG have jumped on the bandwagon to reassign the debt. I have drafted a letter explaining the circumstances, but I am guessing that does not hold much water, I was under the impression that because AG had not sent the details and that the court had stayed the case, it might be going my way. What would happen if I did nothing?

[spirit2534]

Re: Arrow Global

Hi welcome back,

I remember your thread and will get this merged with it.
You are on the right track.
It is entirely up to AG and its solicitors to prove that the alleged debt is yours and you have liability for it.
You are not obliged to provide anything more than you already have.
Calculation is right I think.
nem

It does seem that some debt purchasers like Cabot & Arrow are seeking to frighten people with these requests, pretending that they have some quasi authority that don''t have.

[nemesis45]

Re: Court Claim - Arrow global limited / EGG I think - 3-2-2015

Your evidence for the set aside is that the debt was already statute barred.
The debt not being on CRA files shows it was defaulted more than 6 years ago.
The CCA as said is of no relevance now, no payments or written acknowledgment
in over 10 years so SB when the claim was made is what you need to verify.

nem