Court Claim - arrow global / paypal later santander - 30-7-2015

[FlamingParrot]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

Hi @FlamingParrot thank you for you your reply, will the court inform the necessary parties of the defence I've entered ? And also in the mean time what if Restons/ arrow send me any documents during this 28 day respite ? thank you for all your help

Yes, the court will send them your defence and they'll have to reply to the court.

The can send you the documents at any time, not just during the 28 days they have to respond to your defence. Claimants often decide to continue in the hope of getting their hands on the paperwork, however, in most cases they are not able to easily obtain anything from the original creditor who would be in no rush to dig it up. If they decide to proceed, the court will eventually tell them to supply the documents at leat 14 days before the hearing date. :ranger:

Do post up any communications you receive. :typing:

[cbwindmill]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

Will do. The only thing I've had is an acknowledgement from the courts of them receiving the emailed defence . The written one to follow it up would be with them today. Just checking what email do you haven't know for the entry of a defence? Just making sure I've actually sent it to the correct one.

[cbwindmill]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

[MENTION=37786]FlamingParrot[/MENTION]
Hi all just letting you know that I received an acknowledgement of receipt of my defence from the court. Although it looked like a photo copy and wasn't signed. It stated that
I acknowledge receipt of your defence. a copy is being served on the claimant (or claimants solicitors) the claimant
May contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally , the claimant will inform the court that he wishes to proceed,the court will then inform me what will happen.
Where he wished to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed , the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the study .

Then at the bottom it just says

For Court manager.

With no signature nor a name. Is this the norm ? What is the likely outcome of what happens next. ?
Thx

[cbwindmill]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

Anyone?

[Kafka]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

This is all fine as long as the Court has acknowledged receipt of your defence and you just have to wait.

They will have 28 days from when they receive the defence to tell the court what they intend doing. They will probably be scratching around for the documentation that they should have had already and you must wait to see what they come up with - if anything. There isn't a 'typical' outcome, but if they have failed so far to produce the essential documents then its likely that they won't be able to get them, in which case the claim gets stayed and just sits there.

For now there is nothing you can do as the ball is firmly in their court. Just spend time reading lots of threads to see how the cases can go.

[FlamingParrot]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

@FlamingParrot
Hi all just letting you know that I received an acknowledgement of receipt of my defence from the court. Although it looked like a photo copy and wasn't signed. It stated that
I acknowledge receipt of your defence. a copy is being served on the claimant (or claimants solicitors) the claimant
May contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally , the claimant will inform the court that he wishes to proceed,the court will then inform me what will happen.
Where he wished to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed , the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the study .

Then at the bottom it just says

For Court manager.

With no signature nor a name. Is this the norm ? What is the likely outcome of what happens next. ?
Thx

That's just to say your defence has been received. At least this time they've provided you with all the info regarding the 28 day period the claimants have to respond and say whether they wish to proceed. Bear in mind if the claim is stayed you won't be informed, you'll only be informed if they decide to proceed. If so, you may get a letter from the solicitors to that effect but that's not always the case, otherwise you'll just hear from the court, usually when they send you the proposed allocation to small claims form and N180 directions questionnaire to fill in and return. For now all you can do is wait. :ranger:

- - - Updated - - -

Anyone?

Sorry I wasn't around for a few days, due to house guests.

[cbwindmill]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

[MENTION=37786]FlamingParrot[/MENTION] [MENTION=66]Kafka[/MENTION] hi both and all in the forum,
Right just wanted to know what i should do next, if anything?
today i received a letter from Restons Solicitors working on behalf of Arrow Global ltd it goes like this.....

Dear Sir

Re:arrow global limited vs yourself
Arrow global collections (this is the first time they mentioned arrow global collections)

We refer to the above matter and note you recently filed a defence to the court proceedings whereby you dispute the full amount claimed on the basis that:
1. The Claimants Statement of case fails to give adequate information to enable you to properly assess your position with regards to the claim;
2. you do not recall receiving Notice of assignment;
3. you do not recall having been served with a default notice pursuant to section 87 of the consumer credit act 1974;
4. you made a 31.14 request to Restons solicitors limited for documentation to be provided to you however these have not been sent;
5. you made a formal section 78 consumer credit act request to Arrow Global limited and the Claimant has failed to comply with your request.
We note at no point in your defence do you dispute having entered into a credit agreement with Santander. In any event ,we can confirm that the outstanding balance relates to a "PayPal" credit card facility issued to you by Santander on or around 24 may 2008. At the time the account was opened you shoukld have received a copy of the Credit Agreement, together with applicable terms and conditions. Therefore it is our suggestion that you check your records accordingly.

Throughout the lifetime of the account you should have received statements of account on a monthly basis which would have provided you with a breakdown as to the outstanding balance and provided you with details as to expenditure on the account, payments made towards the account and the application of interest/charges.

In line with the terms and conditions which governed the credit facility, Santander exercised its right of assignment and assigned its rights and benefits under the agreement to Arrow Global Limited, on or around 10 may 2013, at which point you should have received a Notice of assignment from the original creditor and from Arrow Global Limited, as such, we invite you to revert back to your own records accordingly.
On 19 august 2015 our firm received your signed CPR 31.14 request which was subsequently responded to you on 20 august 2015. in that letter, we advised you that the account had been placed on hold pending compliance with your CCA request. We can confirm the account remains on hold and we have requested the relevant documents from our client and shall endeavour to provide these to you in due course.

Please be advised that failing to comply with your consumer credit act request within the relevant time period does not render the account unenforceable indefinately, but only renders in unenforceable until such time it can be complied with.

we shall endeavour to be in contact in due course.

yours faithfully
M

- - - Updated - - -

AND IT is signed by a Miss H Cook (THEY STATE OR SHE DOES THAT SHE IS A TRAINEE SOLICITOR) pp Restons Solicitors Ltd

wondering what they intend to try and do next, or and what i should do next????

any help again very much appreciated

regards
cbwindmill

[cbwindmill]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

Is it likely to be took to the small claims track? i just had a brief look at the questionaire thing hmm not looking forward to that.

[nemesis45]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

Is it likely to be took to the small claims track? i just had a brief look at the questionaire thing hmm not looking forward to that.

Under £10K claims go to SCT.

nem

[cbwindmill]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

[MENTION=55034]nemesis45[/MENTION] hi and thx for your prompt reply.
if it does go to small claims, what would i need to do and will it mean ill need to go to court? what would be the likely outcome of the case concidering the recent posts with in this errr claim. ?

[nemesis45]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

@nemesis45 hi and thx for your prompt reply.
if it does go to small claims, what would i need to do and will it mean ill need to go to court? what would be the likely outcome of the case concidering the recent posts with in this errr claim. ?

If a claim gets to a hearing stage it is always wise and recommended that the defendant attends, otherwise the claimant has a relatively " free hand" in court. Small claims are not heard in an open court, the judges " sit in chambers" and the process s far less formal, just the defendant, the claimant or their legal representative and the judge.

Once your defence is received by the claimant via the court, the claimant has 28 days to respond. It is very hard to predict any outcome really until it's known what " evidence" the claimant is placing before the court.

nem

[FlamingParrot]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

Is it likely to be took to the small claims track?

Most claims below £10k are allocated to that track, which is a simplified, cut down version of the court process. More significantly, costs are not normally awarded against the losing party in the small claims track.

i just had a brief look at the questionaire thing hmm not looking forward to that.

The questionnaire should be straightforward, usually a good idea to say yes to mediation for now, provide details of your local court and dates you won't be available. No need for experts, interpreters or key witnesses, just one witness (yourself).

[FlamingParrot]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

@FlamingParrot @Kafka hi both and all in the forum,
Right just wanted to know what i should do next, if anything?
today i received a letter from Restons Solicitors working on behalf of Arrow Global ltd it goes like this.....

Dear Sir

Re:arrow global limited vs yourself
Arrow global collections (this is the first time they mentioned arrow global collections)

We refer to the above matter and note you recently filed a defence to the court proceedings whereby you dispute the full amount claimed on the basis that:
1. The Claimants Statement of case fails to give adequate information to enable you to properly assess your position with regards to the claim;
2. you do not recall receiving Notice of assignment;
3. you do not recall having been served with a default notice pursuant to section 87 of the consumer credit act 1974;
4. you made a 31.14 request to Restons solicitors limited for documentation to be provided to you however these have not been sent;
5. you made a formal section 78 consumer credit act request to Arrow Global limited and the Claimant has failed to comply with your request.
We note at no point in your defence do you dispute having entered into a credit agreement with Santander. In any event ,we can confirm that the outstanding balance relates to a "PayPal" credit card facility issued to you by Santander on or around 24 may 2008. At the time the account was opened you shoukld have received a copy of the Credit Agreement, together with applicable terms and conditions. Therefore it is our suggestion that you check your records accordingly.

Throughout the lifetime of the account you should have received statements of account on a monthly basis which would have provided you with a breakdown as to the outstanding balance and provided you with details as to expenditure on the account, payments made towards the account and the application of interest/charges.

In line with the terms and conditions which governed the credit facility, Santander exercised its right of assignment and assigned its rights and benefits under the agreement to Arrow Global Limited, on or around 10 may 2013, at which point you should have received a Notice of assignment from the original creditor and from Arrow Global Limited, as such, we invite you to revert back to your own records accordingly.
On 19 august 2015 our firm received your signed CPR 31.14 request which was subsequently responded to you on 20 august 2015. in that letter, we advised you that the account had been placed on hold pending compliance with your CCA request. We can confirm the account remains on hold and we have requested the relevant documents from our client and shall endeavour to provide these to you in due course.

Hi cbwindmill
Just their usual drivel.

On hold? If, as you say above, you have received the N180 small claims directions questionnaire, that means they've replied saying they intend to proceed with the claim, so I wouldn't call that "on hold. :confused2:

Please be advised that failing to comply with your consumer credit act request within the relevant time period does not render the account unenforceable indefinately, but only renders in unenforceable until such time it can be complied with.

we shall endeavour to be in contact in due course.

This is true, however, they are running out of time to comply. The court will order them to produce the documents at least 14 days prior to the hearing date. :grin:

-

AND IT is signed by a Miss H Cook (THEY STATE OR SHE DOES THAT SHE IS A TRAINEE SOLICITOR) pp Restons Solicitors Ltd

wondering what they intend to try and do next, or and what i should do next????

any help again very much appreciated

The intend to keep trying to get their dirty hands on the paperwork so they won't have to end up discontinuing the claim. ray:

There is nothing you need to do at this stage, just file that one. :ranger:

[cbwindmill]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

[MENTION=37786]FlamingParrot[/MENTION] hi sorry I may have misled you, I've not as of yet received the n180 questionnaire thing, I just noticed you or another member mentioned it. And wanted a little advice on what to put in it and how to fill out the various parts. Also why didn't arrow and testons just go small claims first if that was going to be the likely outcome of the claim anyway. Surely there more likely to get something rather than nothing through the original claim. I'm just a very nervous person when it comes to confrontational scenarios such as a court room.
I know it's an informal meet but even so I'm not that confident a person in that situation.

[Amethyst]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

There is some guidance on the N180 http://www.legalbeagles.info/forums/...l-Claims-Track - it's not as bad as it looks xxx