Hi & Help please - CCJ action by Arrow Global

[pauleds]

Hi all
Hope someone can help me. My wife received a Claim Form from Northhamton County Court today. The claimant is Arrow Global Ltd with Els & Cole solicitors signed by William Hall. The Particulars of claim state "The claimants claim against the defendant Mrs *** the sum of 999.00 due under the following account - ****** 999.00". The surname on the form is one that my wife had prior to us marrying in 1999. It was issued on 16 Aug 2012.

My wife and I married in 1999 and it was around this time that she defaulted on the debt (she'd had a messy divorce and was left with the kids and debts). At the time I wrote to her creditors and arranged payment plans which we maintained for many years. However my wfe lost her job due to ill health and sometime in the last few years I stopped paying this debt because of financial constraints. Moorcroft used to manage the debt and I don't know when Arrow Global took over (we seem to get so many threatening letters and phone calls from different companies). My wife was sent a letter from ELS & Cole solicitors on 6/7/12 threatening legal action but I got to it first & kept it from my wife as she suffers from terrible nerves. I meant to try and sort something but didn't. She is now in a full state of panic and upset - If I had the money I would settle. Any advice on how to proceed will be greatly appreciated.

THANKS

[legalese]

Re: Hi & Help please - CCJ action by Arrow Global

Who is william hall?

[Bill-K]

Re: Hi & Help please - CCJ action by Arrow Global

W. Hall appears to be the solicitors' signatory to the claim. He's nobody I know, anyway.

[legalese]

Re: Hi & Help please - CCJ action by Arrow Global

so he is not the judge then from the county court?

[ploddertom]

Re: Hi & Help please - CCJ action by Arrow Global

When was the last time you made any payment to this debt?

[Bill-K]

Re: Hi & Help please - CCJ action by Arrow Global

so he is not the judge then from the county court?

No, I think this is a copy of the claim particulars, and NOT a judgement.

When was the last time you made any payment to this debt?

Time-barring is a possibility, isn't it ?

[pauleds]

Re: Hi & Help please - CCJ action by Arrow Global

Thanks for the quick responses - William Hall is the Claimant's Solicitor. I'm unsure when I stopped paying, it is sometime from 1 to 3 years (had been paying it every month since 1999 prior to this). The form's title is "Claim Form". Again, thanks for taking the time to resond.

[miliitant]

Re: Hi & Help please - CCJ action by Arrow Global

have a nose at this thread

http://www.legalbeagles.info/forums/...ht=#post279679

it will give you an idea as to deal with a court claim

come back with any questions when you have read it

remember, no two claims are the same

[pauleds]

Re: Hi & Help please - CCJ action by Arrow Global

Thanks for that Militant - I've skimmed through and will have a thorough read later.

[pauleds]

Re: Hi & Help please - CCJ action by Arrow Global

Quick couple of questions which I would appreciate advice on:
If I send off the Acknowledment of service form (or complete online) indicating that my wife intends to defend the claim; 1. Can I sign it as a Litigation friend, 2. Will me or my wife have to attend court. 3. Can we pull out of the defence without incurring further action/costs. 4. My wife's surname is now different, do I have to note this on the Acknowledgemt of service form (it does ask for "the defendants full name if different from the name given on the claim form")
I've been reading Militant's linked thread and was thinking of sending a simliar CPR 31.14Request , hoping they don't have the relevant documents - would this then constitute my wife's defence?
The issue date on the Claim Form is 16 Aug 2012 so do I have until the begining of September to respond?

Thanks in advance for any help.

[miliitant]

Re: Hi & Help please - CCJ action by Arrow Global

what you need to do is

1/ you will have a password on the claim form to acknowledge on line stating you wish to defend all the claim

2/ send ells and cole the cpr 31.14 request by recorded delivery

3/ cost will only become an issue once the defence has been exchanged, witness statements etc, thats a long way off at the moment so no worries, and you can withdraw the defence at any time

4/ attending court might be an option but these things are normally decided long before it goes in front of a judge

5./ sending the cpr 31.14 request is not a defence, putting in a defence is a long way off yet

6/ inform the court on your wifes chamge of name if different now

7/ acknowledge service online and send that cpr 31.14 request today to ells and cole by recorded delivery

chin up, anybody can issue a claim, going through with it is a different matter, and i have delt with quite a few


SEND THIS CPR 31.14 REQUEST TO ELLS AND COLE BY RECORDED DELIVERY WITH IMMEDIATE EFFECT


Re: (Claimant's name) v (Your name)

Case No:

CPR 31.14Request

On (date) I received the Claim Form in this case issued by you out of the(Name) countycourt.

I confirm having returned my acknowledgement of service to the court inwhich I indicate my intention to contest all of your claim.


Please treat this letter as my request made under CPR31.14 for the disclosure and the production of averified and legible copy of [each of the following / the] document(s)mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reasonof the provisions of CPR PD 16 para 7.3, where aclaim is based upon a written agreement, a copy of the contract or documents constitutingthe agreement should be attached to or served with the particulars of claim andthe original(s) should be available at the hearing. Further, that any generalconditions incorporated in the contract should also be attached.

2 The deed of assignment.

3 The notice of assignment including proof of service.

4 The default notice.

5 The termination notice.

Although your claim is for a sum which is not more than £5,000.00 and willin all likelihood be allocated to the small claims track for determination uponmy delivering a defence, at this moment in time I have not delivered my defenceand the case has not been allocated to a track. In consequence the provisionsof CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 dutiesby claiming otherwise

You should ensure compliance with your CPR 31duties and ensure that the document(s) I have requested are copied to andreceived by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable andproportionate search for the originals of the documents I have requested, thebetter for you to be able to verify the document's authenticity and to provideme with a legible copy. Further, where I have requested a copy of a document,the original of which is now in the possession of another person, you will havea right to possession of that document if you have mentioned it in your case.You must take immediate steps to recover and preserve it for the purpose ofthis case.

Where I have mentioned a document and there is in your possession more thanone version of that same document owing to a modification, obliteration orother marking or feature, each version will be a separate document and you mustprovide a copy of each version of it to me. Your obligations extend to making areasonable and proportionate search for any version(s) to include an obligationto recover and preserve such version(s) which are now in the possession of athird party.

In accordance with CPR 31.15(c) I undertake tobe responsible for your reasonable copying costs incurred in complying withthis CPR 31.14request.

If you require more time in which to comply with this request you must tellme in writing. You must tell me before the time for compliance with thisrequest has expired. In telling me you require more time you must tell me whatsteps you have taken and propose to take in order to comply with this requestand also state a date by when you will comply with this request. In additionyour statement must be accompanied with a statement that you agree to anextension of the time for me to file my defence. Your extension of time must benot less than 14 days from the date when you say you will have complied with myrequest and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you willnever be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail torequest more time or fail to agree to an extension of time for the filing of mydefence, I will make an application to the court for an order that theproceedings be struck out or stayed for non-compliance and a summary costsorder.

I do hope this will not be necessary and look forward to hearing from you.

yours faithfully (print name)

[pauleds]

Re: Hi & Help please - CCJ action by Arrow Global

Hi and thanks very much for your help. Sorry to pester but could I check a couple of things on the CPR 31.14 form.

1. At the top where it asks for (Your name) should I use the surname stated on the Claim form and if so, where/when do I inform them that my wifes name has changed.
2. The particulars of claim does not metion any of the documents referred to so will this be okay for paragraph 3:
Please treat this letter as my request made under CPR31.14 for the disclosure and the production of a verified and legible copy of each of the following documents: 1. the agreement etc. or do I have to mention the Particulare of Claim.

Thanks in advance

[miliitant]

Re: Hi & Help please - CCJ action by Arrow Global

use the name on the claim form to send the cpr 31.14 to the solicitors with the claim number

just send the cpr 31.14 as it is, forget about the particlars of claim for the moment

lets not try and confuse them to much

[pauleds]

Re: Hi & Help please - CCJ action by Arrow Global

Thanks militant. I have responded to the court and have the cpr 31.14 request ready to send tomorrow. I just wait for a response then I suppose.

[pauleds]

Re: Hi & Help please - CCJ action by Arrow Global

Received a reply from ELS & COLE today saying they have, " requested the information required from the vendor, Alliance & Leicester Giro. The matter has been placed on hold pending receipt of their response." Does this mean that any court action is delayed and I don't need to do anything until they reply again?