squidders v arrow

[squidworth13]

Re: squidders v arrow

Thank you for all for taking the time to reply. I'll give some further information.
27th July - Threat of court action received from solicitor
5th August - I sent SAR letter to MBNA and CCA letter to Arrow
7th August - Sent CCA letter to Solicitors
7th August - Letter from Arrow asking for proof of address
10th August - sent proof of address to Arrow
10th August - Solicitor returns my CCA letter asking for it to be signed
12th August - letter received from MBNA asking for DOB and past addresses
16th August - I sent required info to MBNA
17th August - Court claim form received
I haven't had any further letters regarding the CCA request from Arrow. I will send the CPR31.14 today requesting the documents you have highlighted. I will also acknowledge on MCOL today. Is there anything else I should be doing?
Thanks again for helping me out.

[nemesis45]

Re: squidders v arrow

Thank you for all for taking the time to reply. I'll give some further information.
27th July - Threat of court action received from solicitor
5th August - I sent SAR letter to MBNA and CCA letter to Arrow
7th August - Sent CCA letter to Solicitors
7th August - Letter from Arrow asking for proof of address
10th August - sent proof of address to Arrow
10th August - Solicitor returns my CCA letter asking for it to be signed
12th August - letter received from MBNA asking for DOB and past addresses
16th August - I sent required info to MBNA
17th August - Court claim form received
I haven't had any further letters regarding the CCA request from Arrow. I will send the CPR31.14 today requesting the documents you have highlighted. I will also acknowledge on MCOL today. Is there anything else I should be doing?
Thanks again for helping me out.

One thing a request under Civil Procedure Rule 31. 14 to the solicitors (no fee) this is specifically for the documents mentioned in the
particulars of the claim. e.g. The agreement, Default Notice, Notice of assignment.

nem

[squidworth13]

Re: squidders v arrow

Thanks Nem, I'm just doing the CPR letter now. Do I sign this letter or is a digital signature sufficient?

[nemesis45]

Re: squidders v arrow

Thanks Nem, I'm just doing the CPR letter now. Do I sign this letter or is a digital signature sufficient?

Best to sign, there is no reason not to do so.

nem

[squidworth13]

Re: squidders v arrow

Thanks Nem, I have done that. I'll update here when I hear something.

[nemesis45]

Re: squidders v arrow

Thanks Nem, I have done that. I'll update here when I hear something.

OK!~~~
~

[squidworth13]

Re: squidders v arrow

Hi
Just to update, I got a standard response from the solicitors regarding the CPR31.14. It states that the requirement for documents does not apply to claims started online. It goes onto to say that the documents requested are not mention in the POC therefore the CPR31.14 does not apply. they say that I can file a defence based on information given in POC. I tried to upload the letter but can seems to get it to do so.

I have not heard anything from arrow regarding the cca request nor from mbna regarding the SARS. I need to submit my defence on the 19th Sept, so am wondering what my next port of call should be. Should I write to them again? Thanks in advance for any help you can give.

[FlamingParrot]

Re: squidders v arrow

Hi
Just to update, I got a standard response from the solicitors regarding the CPR31.14. It states that the requirement for documents does not apply to claims started online.

There is no requirement to ATTACH documents to the particulars of claim when claims are issued electronically, but that's got nothing to do with requests under CPR 31.14. :nono:

It goes onto to say that the documents requested are not mention in the POC therefore the CPR31.14 does not apply. they say that I can file a defence based on information given in POC. I tried to upload the letter but can seems to get it to do so.

Can you tell us what documents you requested in your letter?

I have not heard anything from arrow regarding the cca request nor from mbna regarding the SARS. I need to submit my defence on the 19th Sept, so am wondering what my next port of call should be. Should I write to them again? Thanks in advance for any help you can give.

There is no need to chase the CCA request from MBNA as non-compliance is a bar to enforcement. They have 40 days to respond to a SAR so you probably won't get it before your deadline, however, this is only the beginning and the data will come in handy. :thumb:

You could write back to the solicitors arguing the points above (who are they using?), however, it all depends on what you requested in your CPR 31.14 letter. In any case, they are not likely to supply you with anything between the time they receive your letter and the deadline for your defence, simply because they wouldn't have the paperwork, so you'd have to rely on the generic no documents supplied defence, an example can be found here: http://www.legalbeagles.info/forums/...t-Court-Claims

[squidworth13]

Re: squidders v arrow

Thank you . In the CPR, I requested:The contract (or agreement)
The notice of assignment
The default notice
The solicitors are Restons. I'm going to prepare my defence. Would you mind having a read of it?

[FlamingParrot]

Re: squidders v arrow

Thank you . In the CPR, I requested:The contract (or agreement)
The notice of assignment
The default notice
The solicitors are Restons. I'm going to prepare my defence. Would you mind having a read of it?

OK, that sounds good. Do post up your draft defence. :typing:

[squidworth13]

Re: squidders v arrow

Hi
I'm about to submit my defence and was hoping someone could have a quick read to see if it was ok or make any suggestions. The POC doesn't mention credit card, just contract, so I'm wondering if I have worded statement 3 correctly.
Kind regards

Squidders

1.: I receivedthe claim ********* from theNorthampton County Court on 17^thAugust 2015

2: Each and every allegation in the Claimants statement of case is deniedunless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card agreement regulated underthe Consumer Credit Act 1974.
4: The Claimantsstatement of case fails to give adequate information to enable me to properlyassess my position with regards the claim.


5. The Claimantsstatement of case states that the account was assigned from MBNA to Arrow Global Guernsey Limited on 20^th December 2011 . The Defendant does not recallreceiving notice of this assignment.

6. It is denied that MBNA servedany Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974.The Claimant is required to prove that a compliant Default Notice was servedupon the Defendant.
7. On the 5^th August 2015, prior to issueof a court claim, I sent a formal request for a copy of the originalagreement to Global Arrow GuernseyLimited pursuant to section 78of the Consumer Credit Act 1974 along with the statutory £1 fee.
8. The Claimanton the 7^th August 2015 sent correspondence which stated that theaccount would be placed on hold whilst they resolved my enquiry.

9. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78(6) Consumer Credit Act 1974 cannot enforce the agreement.
10. On the 7^th August 2015 I sent a copyof my formal request for a copy of the original agreement to Restons Solicitors pursuant to section 78 of the Consumer Credit Act 1974along with the statutory £1 fee.
11. RestonsSolicitors has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
12. On the 17^thAugust, Restons Solicitors issued a claim although the Claimant had placed theaccount on hold.
13. On the 19^th August 2015 I sent arequest for inspection of documents mentioned in the claimants statement ofcase under Civil Procedure Rule 31.14 to Restons Solictors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice ofAssignment.

14. Restons Solicitors has notsent any of these documents to me.
15. Under CivilProcedure Rule 16.5 (4) Where the claim includes a money claim, a defendantshall be taken to require that any allegation relating to the amount of moneyclaimed be proved unless he expressly admits the allegation. Therefore it isexpected that the Claimant be required to prove the allegation that the moneyis owed as claimed.

16. I request the court orders the Claimants to provide the necessarydocumentation in order for me to fully plead my case else the Claim shouldstand struck out.

17. In the event that the relevant documents are received from the Claimants Iwill then be in a position to amend my defence, and would ask that theClaimants bear the costs of the amendment. .
18. It is deniedthat the Claimant is entitled to the relief as claimed or at all.







Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

[FlamingParrot]

Re: squidders v arrow

Hi
I'm about to submit my defence and was hoping someone could have a quick read to see if it was ok or make any suggestions. The POC doesn't mention credit card, just contract, so I'm wondering if I have worded statement 3 correctly.

It looks like yet another case where a paralegal has just picked the wrong template, that wording would be more appropriate for a mobile contract or even an overdraft, normally they'd say "an agreement regulated..." however, as far as I know, all MBNA do is issue credit cards, so it's fair enough to say it appears to be for one of them. :thumb:

1.: I receivedthe claim ********* from theNorthampton County Court on 17^thAugust 2015

2: Each and every allegation in the Claimants statement of case is deniedunless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card agreement regulated underthe Consumer Credit Act 1974.
4: The Claimantsstatement of case fails to give adequate information to enable me to properlyassess my position with regards the claim.

5. The Claimantsstatement of case states that the account was assigned from MBNA to Arrow Global Guernsey Limited on 20^th December 2011 . The Defendant does not recallreceiving notice of this assignment.

6. It is denied that MBNA servedany Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974.The Claimant is required to prove that a compliant Default Notice was servedupon the Defendant.
7. On the 5^th August 2015, prior to issueof a court claim, I sent a formal request for a copy of the originalagreement to Global Arrow GuernseyLimited pursuant to section 78of the Consumer Credit Act 1974 along with the statutory £1 fee.
8. The Claimanton the 7^th August 2015 sent correspondence which stated that theaccount would be placed on hold whilst they resolved my enquiry.

9. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78(6) Consumer Credit Act 1974 cannot enforce the agreement.
10. On the 7^th August 2015 I sent a copyof my formal request for a copy of the original agreement to Restons Solicitors pursuant to section 78 of the Consumer Credit Act 1974along with the statutory £1 fee.
11. RestonsSolicitors has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

It is the creditor (Arrow) who has a duty to comply with a s.78 request rather than the solicitors acting for them. They wouldn't be the ones enforcing the claim, Arrow would as they are the creditor.

12. On the 17^thAugust, Restons Solicitors issued a claim although the Claimant had placed theaccount on hold.
13. On the 19^th August 2015 I sent arequest for inspection of documents mentioned in the claimants statement ofcase under Civil Procedure Rule 31.14 to Restons Solictors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice ofAssignment.

14. Restons Solicitors has notsent any of these documents to me.
15. Under CivilProcedure Rule 16.5 (4) Where the claim includes a money claim, a defendantshall be taken to require that any allegation relating to the amount of moneyclaimed be proved unless he expressly admits the allegation. Therefore it isexpected that the Claimant be required to prove the allegation that the moneyis owed as claimed.

16. I request the court orders the Claimants to provide the necessarydocumentation in order for me to fully plead my case else the Claim shouldstand struck out.

17. In the event that the relevant documents are received from the Claimants Iwill then be in a position to amend my defence, and would ask that theClaimants bear the costs of the amendment. .
18. It is deniedthat the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

See comments above. Other than those bits, I note the spacing between words has somehow disappeared in many places throughout :confused2: so that has to be fixed and also the bold text just made normal text. :thumb:

[squidworth13]

Re: squidders v arrow

FlamingParrot, thanks for responding so quickly, you are an absolute star :tinysmile_grin_t:. I'll change the bits and submit it on MCOL. A friend of mine suggested that I submit a N2?? form as they have not supplied the paperwork. Have you heard of such a thing?
Sorry for all the questions... if claim is dated 17 august, I have 33 days to submit defence making it 19 sept which is a Saturday. Should I submit on Friday? Just read somewhere that I only have 28 days so in a bit of a panic but read on here that its 33 days.

[FlamingParrot]

Re: squidders v arrow

FlamingParrot, thanks for responding so quickly, you are an absolute star :tinysmile_grin_t:. I'll change the bits and submit it on MCOL. A friend of mine suggested that I submit a N2?? form as they have not supplied the paperwork. Have you heard of such a thing?

I have, but it's a probate claim form... :confused2: :noidea:

Sorry for all the questions... if claim is dated 17 august, I have 33 days to submit defence making it 19 sept which is a Saturday. Should I submit on Friday? Just read somewhere that I only have 28 days so in a bit of a panic but read on here that its 33 days.

No worries.

You have 33 days from date printed on claim, it's 28 days + 5 allowed for service. Friday should be OK. :thumb:

[squidworth13]

Re: squidders v arrow

Thanks Flaming Parrot. I just logged onto MCOL. The defence was received on 21st Sept although it was sent on the 18th. Is this going to be OK?