Application for more time to file a defence?

[kornishkat]

Re: Application for more time to file a defence?

The court date has now been set in this case and. My ex is emailing the court to confirm he would like a mediation appointment. Is there any advice on what sort of thing he will be asked or what will happen in mediation and what should he send to the Court for the documents he intends to rely on in his defence. Is he better to try to come to an agreement with Arrow or should he go to court and state again that Arrow have still not supplied paperwork supporting their ownership of the debt?

[charitynjw]

Re: Application for more time to file a defence?

The court date has now been set in this case and. My ex is emailing the court to confirm he would like a mediation appointment. Is there any advice on what sort of thing he will be asked or what will happen in mediation and what should he send to the Court for the documents he intends to rely on in his defence. Is he better to try to come to an agreement with Arrow or should he go to court and state again that Arrow have still not supplied paperwork supporting their ownership of the debt?

From what I've read elsewhere, one of the questions asked by mediation is whether you have all the relevant documentation needed to support your case.
If the Claimant has not provided the compliant discovery or CCA-requested documents, the mediation service will probably be unable to assist.
If this is the situation, the case will then proceed towards the hearing.
If it were me, I'd wait until contacted by mediation, then I'd inform them of this (presuming, of course, that the Claimant/Sols haven't miraculously obtained & sent said documents!)
As this is the fault of the Claimant, it can be used in your defence should the case actually go to a hearing.
It may be an idea at this point to write to the Sols, inviting them to discontinue, but we can deal with that in due course.

[charitynjw]

Re: Application for more time to file a defence?

I then started making small payments just to stop them from harassing me as myself and the children still lived at the address after he had left. Is this relevant.

If the Defendant didn't personally acknowledge the debt, either by personally paying or in writing, it could still be SB.
[MENTION=55034]nemesis45[/MENTION] - what do you reckon?

[nemesis45]

Re: Application for more time to file a defence?

Good morning,
Yes Charity it is possible, to argue that a payment not authorised by or made by the defendant does not affect the six year clock.
Some debt purchasers have tried to claim that a returned DD or standing order is a payment to an account which it obviously isn't.nem

[kornishkat]

Re: Application for more time to file a defence?

Thank you all for your continued advice and assistance. He is waiting for the mediation appointment and getting worried about the Court date, although it's not until the end of June. If Arrow produce no paperwork at all, so far they've just sent a letter outlining when they say the card was taken out, when the debt was assigned and when payments stopped but without any documentation to support these claims, will a judge still be likely to decide the case in their favour? I have joked that if this happens, I'm going to make a claim against Arrow stating that I loaned them £20,000 on 1st August 2014 and they were making repayments to me until January of this year, surely if they can be successful in litigation with no supporting paperwork then anyone can

Should he write to Arrow again and ask for all correspondence and put in a further request for a copy of the Deed of Assignment and the original contract or just sit and wait now?

[nemesis45]

Re: Application for more time to file a defence?

Thank you all for your continued advice and assistance. He is waiting for the mediation appointment and getting worried about the Court date, although it's not until the end of June. If Arrow produce no paperwork at all, so far they've just sent a letter outlining when they say the card was taken out, when the debt was assigned and when payments stopped but without any documentation to support these claims, will a judge still be likely to decide the case in their favour? I have joked that if this happens, I'm going to make a claim against Arrow stating that I loaned them £20,000 on 1st August 2014 and they were making repayments to me until January of this year, surely if they can be successful in litigation with no supporting paperwork then anyone can

Should he write to Arrow again and ask for all correspondence and put in a further request for a copy of the Deed of Assignment and the original contract or just sit and wait now?

Was the account opened directly with MBNA or via a 3rd party company e.g. a bank.

nem

[charitynjw]

Re: Application for more time to file a defence?

Thank you all for your continued advice and assistance. He is waiting for the mediation appointment and getting worried about the Court date, although it's not until the end of June. If Arrow produce no paperwork at all, so far they've just sent a letter outlining when they say the card was taken out, when the debt was assigned and when payments stopped but without any documentation to support these claims, will a judge still be likely to decide the case in their favour? I have joked that if this happens, I'm going to make a claim against Arrow stating that I loaned them £20,000 on 1st August 2014 and they were making repayments to me until January of this year, surely if they can be successful in litigation with no supporting paperwork then anyone can

Should he write to Arrow again and ask for all correspondence and put in a further request for a copy of the Deed of Assignment and the original contract or just sit and wait now?

Do you mean Notice of Assignment?

[kornishkat]

Re: Application for more time to file a defence?

Apologies for the delay in getting further information. Apparently the card may have originally been a Goldfish card but not sure and he thinks he applied over the phone or online originally. He still hasn't received any further paperwork from Arrow.

Sorry about using term Deed of Assignment instead of Notice, as you'ce probably already realised, I haven't got a clue what any of the legal stuff means. Should he be asking for a copy of the notice? He's very nervous about the court hearing and thinking of finding ways to make an offer or just not turning up. I have told him he needs to turn up to the hearing if he hasn't sorted out some sort of payment plan with them first. I think he's just scared about what will happen and if he will get into trouble with the judge (or whoever the person is who deals with these sort of cases) for not just settling with Arrow.

[kornishkat]

Re: Application for more time to file a defence?

Arrow have now provided some documents. A signed agreement with MBNA, a list of transactions, the last transaction listed is in 2008 and a Reconstituted Notice of Assignment dated 24th March 2011 to an address he hasn't resided at since 2008 and with the current court reference when the claim wasn't issued until late last year. This is the wording of the assignment.

Debt owed to Arrow Global Guernsey Ltd
Assigned by Arrow Global, LLC (Account Number 1234567890)
County Court Claim Number B9CY4B4F

We advise you that Arrow Global, LLC has assigned all of its respective rights, title and interest in respect of the above referenced account (including the right to receive payment of the outstanding balance) to Arrow Global Guernsey Limited.

Please note that all current arrangements in respect of such account shall remain in place and you should direct any queries to:

Westcot Credit Services PO Box137, Hull HU2 8HF

And it's signed Arrow Global Guernsey Ltd, no mention of MBNA and no evidence that there has been any communication since 2008 apart from the Assignment sent to an address he doesn't live at. They advise in the letter they would still like to settle, should he now start negotiations with them for a payment plan or continue and deal with the matter in court?

Thanks again for the continued help.

[nemesis45]

Re: Application for more time to file a defence?

Hi,

Please can you post the documents you have received ( if you have difficulty [MENTION=49370]Kati[/MENTION] will I'm sure assist) Please remove and personal identifying items.

Do they say this is a " reconstituted " agreement?

nem

[Kati]

Re: Application for more time to file a defence?

Of course

I can upload pics/docs if you need me to (just email them to me with a link to this thread) xx

[kornishkat]

Re: Application for more time to file a defence?

Document.pdf Here are the documents, hopefully uploaded correctly. I haven't included the printout of the online application as it is just a list of personal details which, if I removed, I think would leave the document illegible. I haven't included the list of transactions either, I assume this isn't needed?

[nemesis45]

Re: Application for more time to file a defence?

[ATTACH=CONFIG]24494[/ATTACH] Here are the documents, hopefully uploaded correctly. I haven't included the printout of the online application as it is just a list of personal details which, if I removed, I think would leave the document illegible. I haven't included the list of transactions either, I assume this isn't needed?

Gold Fish was mentioned early in the thread is this no longer relevant.

The signature page seem illegible I what's the rest of the document like?

It does seem a little short on the T's and C's imo.

nem

[kornishkat]

Re: Application for more time to file a defence?

The only two pages of the contract are pages 3 and 4 in the pdf attachment, the signature one and the other slightly blurry one. They were copied from an email attachment from Arrow and the only amendments before posting here were removing the name and address. I think he may have been confused about Goldfish, he seemed to think he had taken a card out with Goldfish but can't find any paperwork so I wonder if he is just mistaken. The assignment was sent to an address he hadn't lived at for over two years and has the county court claim number for the current case. The agreement seems to be with MBNA but there is no paperwork transferring the debt to Arrow or Westcots.

[charitynjw]

Re: Application for more time to file a defence?

Arrow have now provided some documents. A signed agreement with MBNA, a list of transactions, the last transaction listed is in 2008 and a Reconstituted Notice of Assignment dated 24th March 2011 to an address he hasn't resided at since 2008 and with the current court reference when the claim wasn't issued until late last year. This is the wording of the assignment.

Debt owed to Arrow Global Guernsey Ltd
Assigned by Arrow Global, LLC (Account Number 1234567890)
County Court Claim Number B9CY4B4F

We advise you that Arrow Global, LLC has assigned all of its respective rights, title and interest in respect of the above referenced account (including the right to receive payment of the outstanding balance) to Arrow Global Guernsey Limited.

Please note that all current arrangements in respect of such account shall remain in place and you should direct any queries to:

Westcot Credit Services PO Box137, Hull HU2 8HF

And it's signed Arrow Global Guernsey Ltd, no mention of MBNA and no evidence that there has been any communication since 2008 apart from the Assignment sent to an address he doesn't live at. They advise in the letter they would still like to settle, should he now start negotiations with them for a payment plan or continue and deal with the matter in court?

Thanks again for the continued help.

So statute-barred?

I'll ask [MENTION=55034]nemesis45[/MENTION] for a 2nd opinion.