Court Claim - Arrow Global / HSBC - 18-7-2017

[warwick65]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Hi
I am not sure I would include it as it hasn't caused you any loss as far as you know however maybe in the witness statement (if it comes to it) you could expand and say something like (you will need to reword it) When AG initially replied to me CCA request it was sent to an old address despite the fact the claim was served to my present one. It is therefore possible that documents were served at the wrong address.

That might cover you if they claim to have sent docs you haven't received but i really am not sure on that.

No need to be sorry or feel rude, just ask amethyst how many times i miss posts :-)

[musicmonkey]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Ok, perfect. I'll write up the amended defence tonight and post up for a final look over. Then do I simply have to upload my defence statement to the claim portal?
What's the process after that, what dates do I need to put in my diary to look out for stuff?

[warwick65]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

How long is a piece of string I'm afraid.
In theory they have 28 days from receiving your defence to file a directions questionnaire or else the claim is stayed. The stay can be indefinite.
I would keep an eyes on MCOL. Mine quite quickly came up with DQ received DQ sent to defendant

[musicmonkey]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Hi all.
Just a quick update. I posted my defence fine and on time, got a letter shortly after from the court saying...

I acknowledge receipt of your defence. A copy is being served on the claimant (or claimants solicitor). The claimant may contact you direct ti attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen. Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

That was dated 21st August (the day my defence was filed).
I have heard nothing else and we are now on day 29? Can you advise what I should expect now? Or do I simply have to wait. Nothing has changed on the MCOL Gateway either.

Thanks in advance.

[MIKE770]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

give a few days then ring the court and ask state of the case probably stayed (parked up),

[Amethyst]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

If the court don't hear back from the claimant then the case may be put on hold ( stayed ). If it's stayed for a month ( so mid Oct) and you've heard nothing you could consider making an application to strike out the claim due to the lack of documentation.

[musicmonkey]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Hi all, I was wondering if you could help? Until today I had heard nothing else about the claim against me not from the solicitors nor the claimant. I got home today and there was a letter to me from the claimants solicitor (shoosmiths) And I could do with some help.

Their letter is as follows:

We write further to the above matter and our letter dated 13th October 2017, ton which we are yet to receive your response and enclose a further copy of the same for you reference.
We would therefore ask that you complete and return the attached income and exenditure form to our offices, together with your offer of repayment, within the next fourteen days.

For the avoidance of any doubt, should we not receive your completed income and expenditure form by no later than 4pm on 5 December 2017, we will be seeking instructions from our client as to making an application for summary Judgment. Should an application be necessary, we will also be seeking and Order from the Court than you pay our client's costs.
We look forward to hearing from you within the next fourteen days,.
Shoosmiths.

Then attached is a letter dated 13th October (I have never received or seen this letter/form until today and I have no had any trouble with any of my post)
The letter goes in to detail about the defence submitted and that I have 14 days to comply with filing the income/expenditure form whilst they await details from their client about the details of the agreement. I can provide full details of this letter if it will help.

I am concerned that it looks like i haven't replied to anything from them, however, (and I know it is only my word) but I have never ever had a letter from them. You can also see from further up posts, that actually they should have replied to the defence by 28 days after filing my defence which was done on 21st august, so therefore a reply should have been by 18th September. Their letter was dated to me on 13th October (supposedly)

I also have copies of letters at the time of defence from Arrow Global (claimant) stating they do not believe they are the holders of this debt, so it is all confusing!

Can any of you fantastic people please help / provide some advice on the next steps? I am obviously a little worried, but you ahve helped me before so I am sure you can assist me again.

Thanks in advance.

[warwick65]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Hi



Have you checked on MCOL to see what the status is, for example does it mention directions questionnaires having been received or sent?

If you were only asked to fill in an income and expenditure form....

[musicmonkey]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

thanks [MENTION=98117]warwick65[/MENTION]
yes the defence was logged electronically on MCOL and it states it was done on there. There are no other entries after my defence entry on 21st august.

I sent a letter before the defence submission to Shoosmiths and Arrow Global, I never had a response from shoosmiths, but if you read the therad youll see that arrow replied stating they didnt believe the debt lay with them but they would investigate. I sent them recorded delivery back in July.... I think I still have these receipts at work (I hope) Some of the wording in the 13th october letter indicates shoosmiths did get my original letter.

I can take a picture of the correspondence if it helps?

[warwick65]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Arrow always say that.

I hesitate to say what to do but on what grounds would they apply for a summary judgement.
Maybe they have mislaid your defence, not sure I would want to remind d them.

If they start messing you around there are options, particularly if they are disregarding due process. [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] might know

[musicmonkey]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

They have seen the defence because they refer to it in their letter dated 13th. They address points in the defence and then they finish stating we should negotiate a settlement and advise to fill out the income /expenses report.
I'm really unsure what to do, so any help from any of those you tagged would be great.

[warwick65]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

They know full well their is a court process to follow and Imo are trying it on. But there again, what do I know.

[musicmonkey]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Hi
Just wondering if anyone can help, [MENTION=98117]warwick65[/MENTION] makes some good points. But I don't have a specific answer what to do that is the right course of action. Thanks in advance

[musicmonkey]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Hi all

I was just hoping someone might see this and be able to help me? I am really panicking what to do about this letter from their solicitors. Any advice? @Amethyst @Diana M

[musicmonkey]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Hi
This is a last chance plea... Is anyone able to give me some advice on my current situation? I've always got really great help on here hence my return. I've read through lots of other threads and I cant find anything similar to try and copy.

Please can someone let me know what they might do with the solicitor letter as described in above posts.