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Hi All,
Arrow submitted a claim to CC in Feb '12;
Particulars of claim
The claimants claim is for the balance due under an agreement which is now all due and payable.
The defendant agreed to pay monthly instalments under account number ******* but has failed to do so.
And the claimant claims the sum of ****.**
The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00
My original defence was;
The defendant has minimal knowledge of the amount claimed by the
claimant and requires strict proof thereof.
The claimant refuses to use the defendants new address, despite a
letter informing them of my new address, I believe this is an
abuse of court process.
A CCA request has already been sent on 02/03/2012 - and still
remains unfulfilled by the claimant, thus bringing the account
into dispute.
Documents relied on in the claim were not produced with the claim
so a CPR request, which also remains unfulfilled was sent to them
on 02/03/2012, as they should have had this paperwork prior to the
claim NO extension to produce the required paperwork should be
allowed.
The case proceeded and aq's were received and a call with mediation took place. I stated in section G of the Ag's that "without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence."
The court then made an written order that Arrow file and serve:
i) copy of the credit agreement and any document referred to within it;
ii) default notice;
iii) evidence of assignment
iv) notice of assignment
v) first and last pages of the statement of account relied upon
They missed the deadline so I wrote requesting it be struck out, the court extended the deadline by another month, they missed this too so I wrote again, this time the court issued an unless order. I have now received some paperwork from Arrow as below;
1) The internet application form which forms the agreement (I'm sure it's nothing like an agreement, it has no date, no signature etc, happy to post it up)
2) Statements covering 1 year
3) A template NoA assigning from Egg to Barclays
4)Reconstituted NoA from Barclays to Arrow.
The letter also said they are still waiting for the Default Notice, but are confident it's forthcoming.
The court has now ordered;
1) The defence stand struck out as disclosing no reasonable ground for defending the claim;
2) Time to file an adequate defence extended to........
3) Defendant to state whether he admits or denies claim in whole or part and if denied state why.
In summary, they are still in default of my CCA request, there is no default notice nor proper agreement. As far as I can see they have not complied properly with the 'Unless Order' yet my defence now stands struck out.
How can I defend properly when I still need the documents I originally asked for at the start of the claim. I'm stuck as to what direction to take now and would really appreciate some help.
Many Thanks
Arrow submitted a claim to CC in Feb '12;
Particulars of claim
The claimants claim is for the balance due under an agreement which is now all due and payable.
The defendant agreed to pay monthly instalments under account number ******* but has failed to do so.
And the claimant claims the sum of ****.**
The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00
My original defence was;
The defendant has minimal knowledge of the amount claimed by the
claimant and requires strict proof thereof.
The claimant refuses to use the defendants new address, despite a
letter informing them of my new address, I believe this is an
abuse of court process.
A CCA request has already been sent on 02/03/2012 - and still
remains unfulfilled by the claimant, thus bringing the account
into dispute.
Documents relied on in the claim were not produced with the claim
so a CPR request, which also remains unfulfilled was sent to them
on 02/03/2012, as they should have had this paperwork prior to the
claim NO extension to produce the required paperwork should be
allowed.
The case proceeded and aq's were received and a call with mediation took place. I stated in section G of the Ag's that "without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence."
The court then made an written order that Arrow file and serve:
i) copy of the credit agreement and any document referred to within it;
ii) default notice;
iii) evidence of assignment
iv) notice of assignment
v) first and last pages of the statement of account relied upon
They missed the deadline so I wrote requesting it be struck out, the court extended the deadline by another month, they missed this too so I wrote again, this time the court issued an unless order. I have now received some paperwork from Arrow as below;
1) The internet application form which forms the agreement (I'm sure it's nothing like an agreement, it has no date, no signature etc, happy to post it up)
2) Statements covering 1 year
3) A template NoA assigning from Egg to Barclays
4)Reconstituted NoA from Barclays to Arrow.
The letter also said they are still waiting for the Default Notice, but are confident it's forthcoming.
The court has now ordered;
1) The defence stand struck out as disclosing no reasonable ground for defending the claim;
2) Time to file an adequate defence extended to........
3) Defendant to state whether he admits or denies claim in whole or part and if denied state why.
In summary, they are still in default of my CCA request, there is no default notice nor proper agreement. As far as I can see they have not complied properly with the 'Unless Order' yet my defence now stands struck out.
How can I defend properly when I still need the documents I originally asked for at the start of the claim. I'm stuck as to what direction to take now and would really appreciate some help.
Many Thanks
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