Arrow v Seb100 - unless order or embarrassed defence?

[Seb100]

I'd be really grateful for some advice regarding filing my defence this week.

I received a claim form from Arrow Global Ltd for an £8,000 HSBC credit card debt. The debt is not statute-barred but the original agreement is apparently over 20 years old.

I acknowledged the form on MCOL and sent a CCA request to Arrow, recorded delivery, using the Claimant address on the claim form. The letter was returned to me unopened with a Post Office sticker marked "addressee gone away".
I re-sent the CCA request to their solicitors Shoosmiths, with a postal order for £1, asking them to pass it on to their client. I have not had any response from either Shoosmiths or Arrow re the CCA request.

I also sent a CPR31.14 request to Shoosmiths, including an extension request under CPR 15.5. They have not responded within the 7 day time frame.

The deadline to file my defence falls during this bank holiday weekend.

What should I do next, as I have had no responses?

Should I file an embarrassed defence based on Shoosmiths' non-compliance with the CPR request?
Should I call Shoosmiths, ask when they intend to comply (if at all) and request agreement again to a 28 day extension?
Or should I apply for an Unless Order straight away, in view of the upcoming defence deadline?

Any advice would be much appreciated.

[charitynjw]

Re: Arrow v Seb100 - unless order or embarrassed defence?

Hi & welcome to LB

Do you have proof of posting for all those letters?

If it were me, for the time being I'd just file a holding defence. (Example template, top of thread...tweak to suit your case).

If they continue to be non-compliant with the CCA request, they can't enforce the agreement anyway.

[Seb100]

Re: Arrow v Seb100 - unless order or embarrassed defence?

Many thanks for your quick reply. I do have proof of posting of all the letters.

I did ring Shoosmiths just to be on the safe side and show I'd made another attempt to obtain compliance. It seems they are in the process of getting hold of the requested documents. They just hadn't let me know in writing. Fortunately, they did agree verbally that I can request a 28 day extension from the court under CPR15.5.

So is the correct process for me to email ccbcdefendants@hmcts.gsi.gov.uk the following?

SUBJECT: xxxxCLAIMANTxxxx v xxxxDEFENDANTxxxxx CASE NO: XXXXXX - EXTENSION OF TIME FOR FILING DEFENCE
-------------------------------------------------------------
Dear Sirs
The defendant and the claimant in claim XXXXXX have agreed that the period for filing a defence specified in rule 15.4 shall be extended
by 28 days as allowed under CPR 15.5. This extends the date for filing of a defence to XX June 2017.

Do you know if defence extension requests tend to be processed quickly by the court? I'm concerned that if they don't process it before the end of this week, my original defence deadline of this Sunday would still apply.

[warwick65]

Re: Arrow v Seb100 - unless order or embarrassed defence?

Two points
1) I would email shoosmiths and ask for a response confirming the extension

2) However , I would not be asking for an extension and use the holding defence that charitynjw suggested.

Finally, if you do not feel able to deal with this yourself how about instructing a solicitor - you could look at lbcompare to find a fixed fee solicitor
[MENTION=87380]Diana M[/MENTION]
any thoughts

Evening Charity

- - - Updated - - -

You have 33 days from the date on the claim form to submit your defence. If this falls on a non working day then the due deadline is 4pm the first working day afterwards. So if it is due sat sun or BH mon it is due 4pm Tuesday

[Seb100]

Re: Arrow v Seb100 - unless order or embarrassed defence?

Thanks, Warwick. That's very helpful.

But I am a bit confused as to why filing a holding defence is preferable to getting an extension. I thought that the allocation to the small claims track follows shortly after the defence is filed, at which point the solicitors are no longer by bound by disclosure obligations under CPR 31.14. Would that mean that I would be relying almost entirely on the CCA request and the possibility that they can't provide a true copy of the original agreement (because I wouldn't have the chance to check the validity of the default notice and NOA)? I understand that in Arrow Global Guernsey v Frost, no CCA was provided yet the claimant still won (one of pt2537's cases).

https://consumercreditlitigationandd...notable-cases/
http://legalbeagles.info/forums/show...l-County-Court

Also, could it be regarded as unreasonable behaviour on my part not to allow Arrow more time to obtain the CCA? They can argue they only received the request around mid-May via their solicitors so the 12 working days won't have expired before I file my holding defence. The delay was caused by Arrow's avoidance tactic of rejecting my letter sent directly to them, but will that make much difference?

By the way, I would love to be in a position to hire a solicitor to deal with this, but I have been unemployed for some time, so I couldn't afford it.

Thanks again to both of you for your help.

[charitynjw]

Re: Arrow v Seb100 - unless order or embarrassed defence?

An extension to the defence deadline in these types of case only benefits the claimant, not the defendant.
It gives them an extra month(ish) to try & source, or concoc....sorry, reconstitute the requested information.
You've offered, they've not accepted.

No comment from me re the @pt2537 case, cos I don't know the full ins & outs of it.

Why 'unreasonable'? Parliament has decided that there should be a 12-day statutory period. Why would you feel bad about that?

[warwick65]

Re: Arrow v Seb100 - unless order or embarrassed defence?

Having read Frost my understanding is this

AG complied with the S78 request although at the last minute.
AG convinced the judge mrs Frost probably did sign an agreement
This was based on good evidence from the claimant and less good evidence from both Mr and Mrs Frost who contradicted themselves as to when they took the card out. Also the fact a usually normal running of an account maxed out just before default

The judge did not like Mrs Frost very much, always a chance you take.
[MENTION=551]pt2537[/MENTION] may have an alternative viee

[Seb100]

Re: Arrow v Seb100 - unless order or embarrassed defence?

Many thanks for the clarification, Charity and Warwick. I appreciate the advice!