Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

[Alan78]

Re: Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

Hi Nem,

Another claim from Arrow Global ( this time via Restons Solicitors) for a debt that I took a Bank of Scotland Card ( Sept 1999) then card was sold to MBNA. Default was applied in Jan 2009 & I had stopped paying them mid 2008.

I have acknowledged the claim online like the last one! Should I send them similar letter as before?

Particulars of claim:

The Claimant claims payment of the overdue balance from the defendants under the contract between the defendants & MBNA dated on or about September 14, 1999 & assigned to the claimant on Dec 20, 2011

On your last reply, you said:

''Chase the CPR stating that the rule still applies and the claim has not yet been allocated to the SCT''

I will be most grateful for your guidance!

Thanks,

Alan



Chase the CPR stating that the rule still applies and the claim has not yet been allocated to the SCT. Can you please elaborate bit more as struggled to understand fully!

nem[/QUOTE]

[nemesis45]

Re: Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

Hi Nem,

Another claim from Arrow Global ( this time via Restons Solicitors) for a debt that I took a Bank of Scotland Card ( Sept 1999) then card was sold to MBNA. Default was applied in Jan 2009 & I had stopped paying them mid 2008.

I have acknowledged the claim online like the last one! Should I send them similar letter as before?

Particulars of claim:

The Claimant claims payment of the overdue balance from the defendants under the contract between the defendants & MBNA dated on or about September 14, 1999 & assigned to the claimant on Dec 20, 2011

On your last reply, you said:

''Chase the CPR stating that the rule still applies and the claim has not yet been allocated to the SCT''

I will be most grateful for your guidance!

Thanks,

Alan



Chase the CPR stating that the rule still applies and the claim has not yet been allocated to the SCT. Can you please elaborate bit more as struggled to understand fully!

nem

[/QUOTE]

Claims are issued electronically via NCCBC and documents cannot be attached, so CPR 31.14 is used to request
the documents mentioned in the POC, however CPR31. 14 only applies to small claims until the claim is allocated
to the small claims track.

We suggest that people contest the inevitable solicitors letter stating that they will not comply is contested this
is mentioned in defence and witness statement.
I believe a judge recently found that a claimant had failed to act in the " spirit " of the rule and had disadvantaged
the defendant.

nem

[Alan78]

Re: Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

Hi Nem,

Its been 14th working days since I sent out letters requesting credit agreement documents & others however not a single communication has been received from the claimant or their solicitors!

I have few days left (28 days) to defend & wondering how I should go about this! I am 100% confident that I stopped paying this debt well over 6 years ago & default was applied in January 14th 2009 (as per credit report).

Is there a sample letter that I can use in this instance where they have failed to supply with the credit agreement & the debt is older than 6 years old?

Your guidance will be highly appreciated!

Cheers,

Alan

Claims are issued electronically via NCCBC and documents cannot be attached, so CPR 31.14 is used to request
the documents mentioned in the POC, however CPR31. 14 only applies to small claims until the claim is allocated
to the small claims track.

We suggest that people contest the inevitable solicitors letter stating that they will not comply is contested this
is mentioned in defence and witness statement.
I believe a judge recently found that a claimant had failed to act in the " spirit " of the rule and had disadvantaged
the defendant.

nem[/QUOTE]

[Alan78]

Re: Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

Hi Nem,

I have only few days left to send defence to the Court however I still have not received CCA from Arrow Global or their solicitors!
Please guide me what to do? Can I request extention to the court? or what I should do?

Since default, I suffered a lot in terms of Job that I could apply (as being an accountant) & just as getting things normal almost after 6 years, if I get CCJ this time, my dream to buy house will be gone forever! so I am really stressed about it & your guidance will be helpful!

Hi Nem,

Its been 14th working days since I sent out letters requesting credit agreement documents & others however not a single communication has been received from the claimant or their solicitors!

I have few days left (28 days) to defend & wondering how I should go about this! I am 100% confident that I stopped paying this debt well over 6 years ago & default was applied in January 14th 2009 (as per credit report).

Is there a sample letter that I can use in this instance where they have failed to supply with the credit agreement & the debt is older than 6 years old?

Your guidance will be highly appreciated!

Cheers,

Alan

Claims are issued electronically via NCCBC and documents cannot be attached, so CPR 31.14 is used to request
the documents mentioned in the POC, however CPR31. 14 only applies to small claims until the claim is allocated
to the small claims track.

We suggest that people contest the inevitable solicitors letter stating that they will not comply is contested this
is mentioned in defence and witness statement.
I believe a judge recently found that a claimant had failed to act in the " spirit " of the rule and had disadvantaged
the defendant.

nem

[/QUOTE]

[nemesis45]

Re: Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

Hi Nem,

I have only few days left to send defence to the Court however I still have not received CCA from Arrow Global or their solicitors!
Please guide me what to do? Can I request extention to the court? or what I should do?

Since default, I suffered a lot in terms of Job that I could apply (as being an accountant) & just as getting things normal almost after 6 years, if I get CCJ this time, my dream to buy house will be gone forever! so I am really stressed about it & your guidance will be helpful!

[/QUOTE]
Ok no CCA the debt is unenforceable until the agreement id found/produced.

The non compliance is the basis of the defence, Statute Barred is a complete defence.

Alan take a look at some of the threads on the forum the defences will give you
an idea of content and format of a defence given the two points above make a draft
and post it here tag [MENTION=55034]nemesis45[/MENTION] and I'll go through it with you.

nem.~