arrow global/drydensfairfax solicitors claim struck out

[pl26]

hi everyone i'm new to the site and would be most grateful for any help on the above topic,so to outline-MBNA CC fell into arrears terminated sold to arrow global,who assigned Shoosmiths solictors to act as their agent i wrote to Shoosmiths 4 times asking for proof of their right to act on this matter re: deed of assignment to verify their ability to give me good discharge of the alleged debt and all the usual CCa stuff,got a copy of agreement in response and informed that i had no right to see deed of assignment,i advised them of the lord denning ruling then i heard nothing for about 3 months,till i got a letter from arrow advising of a new agency now handling the case drydensfairfax,letter from drydens giving me 10 days to pay or come to arrangement,i wrote to drydens advising the matter was in dispute and should not have been transferred to another agent however i then received a claim from NBCC,i did an online AoS and sent drydens a CPR31.14 request,so i now have a couple of queries with the claim,firstly on the statement of facts the date of the agreement is incorrect,would this be classed as a significant error to dispute the claim,and secondly the claim is signed as drydenfairfax t/a drydens solicitors which is in conflict with CPR 22.3.10,so at what point could i apply to have the claim struck out,i'm aware of thee costs and the fact that they may reinstate the claim with the appropriate signature,but they can't be allowed to get away with a blatant breach of procedure,as i said any help gratefully received.

[Amethyst]

Re: Arrow global/drydens fairfax nbcc claim received

Hi and welcome.

Yes you could apply to strike based on the signature - someone recently did this but they applied a couple times to vary and it really had no effect on the continuing claim, so personally I wouldnt recommend that route.

I would instead apply for them to comply with your CPR request (and add on to sign the claim properly in accordance with CPR 22) Information for applying for the unless order is http://www.legalbeagles.info/forums/...order-at-court

Regards

Sharon

[pl26]

Re: Arrow global/drydens fairfax nbcc claim received

hi everyone,so i have made two CPR 31.14 requests to drydenfairfax sent by recorded delivery and i have had absolutely no response,not even an acknowledgement of my request the deadline for my defence is 04/09/2014,i would be grateful if anyone could advise on my next move,i have read posts advising to ask for agreement to extend the deadline for my defence but i'm not sure if i got the extension what good it would do as i still could not file a defence without the documents i asked for,also i have seen posts referring to filing an emmbarrased defence.any advice on this would be most welcome

[mystery1]

Re: Arrow global/drydens fairfax nbcc claim received

If you've asked them to comply with the rules regarding the signing of the claim form then asking for a strike out on that basis isn't a bad idea. I would say that it has been done before and it did end up that several application were made to vary this order and the poster did give up as soon as the claimant found a judge that ruled in their favour. There are 2 points on this. 1. The defendant could have just sought another variation of the order to rectify the issue. 2. It shows that with a hearing is best as variation of a successful order is pretty much off the table and it'd have to be appealed instead. As this is costly and appeals are way harder to get a perverse decision on a straightforward point such as this it is unlikely they'd do it.

M1

[pl26]

Re: Arrow global/drydens fairfax nbcc claim received

hi everyone,so i'm about to submit an "unless order" to NBCC with regard to failure to produce documents requested under CPR 31.14 which i have requested 3 times from Drydenfairfax,twice by recorded delivery,and most recently by email on their website contact page advising that should i not receive any confirmation or agreement to extension by today 27/08/2014 i would be applying for said order.I will be using the templates on the court claim forum,however i have a couple of questions i hope someone may be able to help with,firstly how do i proceed with claiming costs do i list with the draft order what i am claiming as costs or will the court decide,secondly can i include a request that drydens remedy their breach of CPR by failing to sign the statement of truth as a person rather than a company or would that have to be made on a separate order,as always any help most gratefully received

[pl26]

Re: Arrow global/drydens fairfax nbcc claim received

hi everyone so a quick update and a request for advice,please,right,so i filed an unless order against Arrow global requesting they supply the documents on which their claim relies,the court then served them with a general directions order to supply me with the documents by 4pm today(8th oct 2014) or the claim will stand struck out without further order.i have not received any docs,nor have i had any communication from arrow or the court to say they have objected to the order,my question is how do i proceed from here? the order says "shall be struck out without further order"does that mean i dont have to file anything else and the claim is now struck out or do i contact the court to advise they have not complied and request judgement in my favour,any help most gratefully received:tinysmile_twink_t2:

[PAWS]

Re: Arrow global/drydens fairfax nbcc claim received

:bump2:Just giving this a bump as I would be interested to see how this ends myself!

[Amethyst]

Re: Arrow global/drydens fairfax nbcc claim received

I'd give the court a call and ask them the status of the claim now the deadline on the order has passed and you've had no documents.

( sorry for missing your post before and thank you to Paws for the bump )

[pl26]

arrow global/drydensfairfax solicitors claim struck out

Hi everyone.just to update my previous posts Re: arrow global/drydens fairfax,i am happy to report that as of 13/11/14 their claim has been struck out for failing to provide documents requested as per the unless order i filed.I would like to take this opportunity to thank everyone on the site for their help and support on this matter,thank you all

[Amethyst]

Re: Arrow global/drydens fairfax nbcc claim received

That's great news, well done.

Did you have to do anything else or did the court do it off their own back after the deadline had passed ?

[PAWS]

Re: arrow global/drydensfairfax solicitors claim struck out

expressio127.gifPL26, I am totally made up for you!!!! You took on the bigboys and won. What a site eh? And Amethyst, what a star you are! :first:

[pl26]

Re: Arrow global/drydens fairfax nbcc claim received

Hi Amethyst, the deadline was 8th oct but there was no contact from either NBCC or the claimant so i emailed NBCC on the 8th nov asking about the status of the claim and advising them that the claimant had defaulted on the "unless order" issued by the court,and therefore the claim was now struck out by order of the court,i checked the MCOL website on the 17th nov and it showed the claim as struck out on 13/11/14. costs were awarded against the claimant but i now have to submit an N244 to claim the costs,thats another £50 to file the order!!

[Amethyst]

Re: Arrow global/drydens fairfax nbcc claim received

Great well done. First then you should write to the claimant asking for the costs as awarded to save further costs being added by making a further application for the costs, enclosing a copy of the order from the court that strikes their claim out.

[pl26]

Re: arrow global/drydensfairfax solicitors claim struck out

hi amethyst,thanks for your advice,i'll send that off to Arrow Global today,and i'll update the thread when and if i get a reply from them.