Time To Start Sorting Things Out!

[Amethyst]

Re: Time To Start Sorting Things Out!

Issued 26th June? gives defence date Saturday, 29 July 2017, and you filed your defence on 31 July ( the following Monday) but at 5pm - not sure if you did that through MCOL or email. MCOL it would have said if there was a barr on or a Judgment... and that's far too quick to have received a letter for default judgment by yesterday really, plus the letter is dated 26th July...... You definately put in your acknowledgment of service?

Also a bit unusual they have sent you all your letters/documents back with the judgment order.


Yep give the court a call.


( Di - Claimant: Arrow Global Limited
Solicitor: Shoosmiths
)

[Diana M]

Re: Time To Start Sorting Things Out!

I submitted online about 17.00...will that still count as today, as I believe it's the last day for putting in my defence?

Under CPRs the cutoff point is 4 pm. Anything filed after that time is considered to have been filed the following working day.

Check with the court if that was the case and ask when did the Claimant seek judgment.

Di

[Diana M]

Re: Time To Start Sorting Things Out!

Di - Claimant: Arrow Global Limited
Solicitor: Shoosmiths

Yes I did see that, but sometimes posters don't realise the need to put the precise/whole name of a Claimant which could make a significant difference as to how the claim is defended.

I was just checking

Is it Arrow Global Ltd or Arrow Global (Guernsey) Ltd?

Di

[Sunday Morning]

Re: Time To Start Sorting Things Out!

Thanks for the responses. If I go online and click on the case I get the following come up

Your acknowledgment of service was received on 10/07/2017 at 16:01:50


Your defence was submitted on 31/07/2017 at 17:01:04


Your defence was received on 01/08/2017 at 08:02:27

Diana the Claimant is listed as Arrow Global Limited

[Amethyst]

Re: Time To Start Sorting Things Out!

If it had gone to judgment on the 26th ( which it shouldn't as the claim was issued on 26th June) then it shouldn't have allowed you to put the defence in. Are the claim numbers def the same?

Try call the court, might clear things up a bit xxx

[Sunday Morning]

Re: Time To Start Sorting Things Out!

The claim numbers are the same. When I first started reading the letter I assumed they werre giving me details of the other judgement made against me in January of which I had no previous knowledge, but it dawned on me it was this claim to which they were referring.

Trying to give them a ring, but am only getting an engaged tone at present. I assume ringing at lunchtime doesn't help!

[Amethyst]

Re: Time To Start Sorting Things Out!

Possibly not.

You trying these numbers?

Telephone 0300 123 1056

Telephone 01604 619 400


Don't worry, it should be fixable once we know what's occured xxx

[Sunday Morning]

Re: Time To Start Sorting Things Out!

I have just phoned and waited and waited in the queue but eventually got through to a very nice lady.

After she took my details, she began to relay the position on the case as I understood it to be regarding my defence, and then started reading out the letter she saw there with as much incredulity as I had when I read it! She said she didn't understand why it had been sent out as she could see no judgement against me. After then going away to check with a colleague she came back to say it was a mistake for that letter to have gone out and the record of it will be deleted from their files.

[Amethyst]

Re: Time To Start Sorting Things Out!

I have just phoned and waited and waited in the queue but eventually got through to a very nice lady.

After she took my details, she began to relay the position on the case as I understood it to be regarding my defence, and then started reading out the letter she saw there with as much incredulity as I had when I read it! She said she didn't understand why it had been sent out as she could see no judgement against me. After then going away to check with a colleague she came back to say it was a mistake for that letter to have gone out and the record of it will be deleted from their files.

Oh ffs. They seem to forget people have feelings and court stuff is actually pretty scary from the defendants end.... grrrr .... it's understandable I suppose, 87% of claims go to default judgment so I guess they just go on autopilot much of the time... Did she say why all your letters/documents had been sent to you as well at all ?

Mainly though, Phew !.... you SHOULD get a letter in the next week or so saying the defence has been received and sent on to the claimant. Well done for bearing with the terrible phone system

[Amethyst]

Re: Time To Start Sorting Things Out!

Right then, while we're breathing a sigh of relief on that, we should have a look at this Judgment you got in Default in January. Do you know ANYTHING about it? What shows on Registry Trust Online ? What shows on your Credit File ?

[Sunday Morning]

Re: Time To Start Sorting Things Out!

Thanks Amethyst. I had writtent to the court early in July to ask about the details of the other case, so I mentioned that on the phone again. The lady said that I'd need to sign up with a credit agency in order to be able to find out. I did set up an account with Experian the other day and acknowledged their email last night. I think I now have to wait a few days for the account to be up and running.

Like you say....phew! For a while I was wondering if I had blown it and in the process wasted the time I'm so glad you guys have given me.

[Amethyst]

Re: Time To Start Sorting Things Out!

Nahh, even if they had snuck in a default judgment we'd help you sort it out xx

Have a look at Noddle.co.uk for your credit file - it's free and instant. Be careful with the Experian account, don't forget to cancel it within 30 days.

Also the phone lady COULD have looked up your details and found it, they're just awkward.

[Diana M]

Re: Time To Start Sorting Things Out!

Well that's a relief!

I still strongly suggest that you send a s 77-79 CCA Request to Arrow if this debt (the sum claimed) includes the residue of your loan account with HSBC as you have said.

Even though you didn't plead non compliance with s 77-79 CCA in your Defence you may be able to amend your Defence later.

If the disputed sum (claim amount) includes a loan as well as the overdraft then it may have become regulated by the CCA if the two debts were amalgamated before they were assigned (which is often the case with HSBC).

I can't see anything on your thread to suggest that you sent a CCA Request to the Claimant and you've not referred to it in your Defence (unless I've misunderstood).

Just because something is stated in the POC that doesn't mean it's true. The Claimant has to prove their case and not the other way round. If you believed the claim may have related (in part) to a loan then you need to address that issue.

Litigation is about tactics which mostly revolves around 'ask not tell' from the Defendant's perspective.

Have you considered whether Part 18 would be a wise move? That's what I'd be doing. This is a £7k claim isn't it?

Di

[Sunday Morning]

Re: Time To Start Sorting Things Out!

Hi Diana

Just to say again I really appreciate the help you and Amethyst are providing. I've drafted the letter below to send as you suggested, but unfortunately all my documents are at home, so I will have to wait until I get back there after work to complete with Arrow's address and the account number

Letter(s) now composed...ready to send

Arrow Global Limited
Belvedere
12 Booth Street
Manchester M2 4AW

Cc: Shoosmiths LLP
5 The Lakes
Northampton NN4 7SH

DATE: 03 August2017

DearSirs,

AccountReference: 400104/xxxxxxxx
FormalRequest for a copy of the Credit Agreement

Withreference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.
I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer CreditAct.
I understand a copy of our credit agreement should be supplied within 12 working days.
I look forward to hearing from you.
Yours sincerely

I'm afraid you've lost me on the Part 18 thing! What is that? It is a £7k claim including court fees and legal representatives costs

[Sunday Morning]

Re: Time To Start Sorting Things Out!

Hi. My last action was to send the above letters out on 7th August. I received a letter from the court apologizing for their previous letter and confirming that no judgement had been entered. There are no further updates shown when I go into MCOL

Having had no luck with Experian, I signed up with Noddle as suggested and see the other CCJ was lodged against me on 17/1/2017 for the amount of £20,040. There is no other detail provided apart from the Case No. I presume I would have to contact the court to get the other details? How do I try to get this set aside?

In my Financial Account Information I have an MBNA debt of £14,386 at 31/10/2102 listed as a closed account marked with the status of "Satisfied". This was from an old Virgin Credit Card

In the Open accounts I have a default balance of £14,386 dating from 31/10/2012 with Pra Group UK. This balance leaps up to £25,694 in the balance history for some reason in April 2017!! The Balance history shown only starts from June 2016. I can only imagine there is some tie here to the CCJ ?

Apart from a £22 default with Vodafone there is also listed...

ARROW...amount £6,306 on a default balance of £5,905 This is the HSBC overdraft. The balance history shows £5,905 until June 2017 then it rises to £6,306 in July 2017. The amount claimed from the court before fees and costs is £6,531.10.

There is another Arrow amount listed as a balance of £674 for an unsecured loan with a default balance of £626. Coincidentally this figure of 626 is the diggerence between the default balance of the overdraft and the court claim!!! The jump from 626 to 674 took place in the balance history between Jun and July 2017

The other default balance that shows in the report is for £7,349 against 1st Credit (Finance). This is in respect of an HSBC credit card with a default date of 27/4/13 and a balance history that begins in Dec 2014 and shows no changes in the amount due.

I need to start sorting this out as my company is undertaking good repute checks on me and, though aware of my history, wants to see that I am sorting things out