Hi & Help please - CCJ action by Arrow Global

[pauleds]

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

Wife is on a small retirement pension but we could stretch to £10 a month.

[miliitant]

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

Lets make it six pounds a month and see what they come back with shall we

i will start on the letter now for you to consider so check back later

[miliitant]

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

did they provide the actual agreement that you signed or a reconstructed copy

[miliitant]

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

i have now completed the letter
do you want me to post it onto your thread or email it to you

who was the original creditor this debt relates to

is it alliance and leicester giro, and was it a loan, bank account,overdraft,etc

[pauleds]

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

It's a copy of the actual agreement

[miliitant]

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

do you want me to post the letter onto your thread or email it to you

[pauleds]

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

The original creditor was Alliance & Leicester. If you could post it in this thread I would appreciate it.
thanks very much

[miliitant]

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

YOUR NAME AND ADDRESS

DATE

ELS & COLE SOLICITORS
MAITLAND HOUSE
WARRIOR SQUARE
SOUTHEND ON SEA
ESSEX
SS1 2JS

WITHOUT PREJUDICE

YOU’RE REF: ARROW GLOBAL V MRS xxxxx
CLAIM NUMBER: XXXXXX

Dear sir/madam

Thank you for your letter dated 29th October 2011 for which your comments have been duly noted.
After taking some advice on this matter, I have been advised to put my position to you in writing.

In your letter, you make reference to the Deed of Assignment as a private and confidential document and that you are not allowed to disclose this document, even though it has been mentioned in your client’s particulars of claim.

In response to that I feel I must draw to your attention that I am infact entitled to inspect the Deed of Assignment under my CPR 31.14 request. The case law to support this is contained within

Van LynnDevelopments V Pelias Construction Co Ltd 1968 (3) ER 824

In regards to the notice of assignment, I can confirm that I have never received any notice of assignment either from your client, or the original creditor.

In this regards I will require confirmation as to how the Notice of Assignment was sent to me as to section 196 Law of Property Act 1925.

You next mention in your letter that any Default and Termination Notice would have been sent by the original creditor, and that they are not available to your client.

Again I must draw to your attention your client’s responsibility in regards that they maintain that they are now the creditor of this account to bring this cause of action. I must inform you that as the creditor, they have no choice in releasing these documents, or the responsibility of locating these documents as they are important factors in any assignment and the right to bring action in your client’s name

If the claimant states that they were not the creditor as to the Consumer Credit Act 1974 at the time these statutory notices were issued (Agreement, Default and Termination notice), I must draw to your attention to support my request in the case of,

Jones v Link Financial [2012] EWHC 2402 (QB)

As to your previous letter in which you state that this claim has been put on hold until you obtained the information as to my CPR31,14 Request, and that you now require a response within fourteen days.

I must now inform you that if the supplied information is all that your client can supply as to my request, I will be making an application to the court for an unless order and to strike out the claim for failure to substantiate the claim with the required documentation within a fourteen day period.

I need to inform you that as of today, I have submitted a holding defence to money claim online for which the court will soon be in contact.

Notwithstanding the above matters, I feel it is important that we bring this matter to an early and mutually acceptable conclusion

The only income that is coming into the household is a small pension, and no one in the household is in employment due to ill health.

If this matter goes to full trial and a judgment is awarded in your clients favor, the court will only set a minimum repayment schedule once an income and expenditure form has been submitted.

I respectfully propose that you contact your client and explain the current financial situation I am under. I propose to make a monthly paymentout of my retirement pension of six pounds per month to show my willingness to try and settle my liability,

I trust your client will make a commercial decision not to progress this matter through the court system as it makes no economic sense to either party.

Please respond within fourteen days from the date of this letter

[pauleds]

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

Thanks I will go through this tonight and get it sent tomorrow

[pauleds]

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

Sorry to be a pain but do I need to do anything about this "I have submitted aholding defence to money claim online for which the court will soon be incontact"

[miliitant]

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

if you accept the letter above, the first thing to do is put a holding defence in

just do it by logging into the court website

i have allready done the holding defence for you

you just have to cut and paste it into MCOL

I WILL POST UP THE HOLDING DEFENCE AS WELL, BUT PLEASE DO IT OR YOU WILL GET A JUDGEMENT BY DEFAULT

[miliitant]

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

I realise its a pain but

can you type out the pariculars of claim again in full

on your first post its a bit short or is that it

[pauleds]

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

That all it said - thanks

[miliitant]

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

Give me half an hour and i will post up the holding defence

[miliitant]

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

1. 1. IN THE NORTHAMPTONCCBC COUNTY COURT
CASE NUMBER: XXXXXX
BETWEEN

ARROW GLOBAL

CLAIMANT

AND


PAULEDS

DEFENDANT

DEFENCE

1. The defendant denies that he is liable to the claimant either as alleged in the particulars of claim or at all. Save where otherwise admitted,each and every allegation in the particulars of claim is denied

2 the defendant maintains that no agreement exists between the claimant and defendant.

3. It is denied that the claimant is entitled to the amounts claimed or any interest amounts. The claimant has failed to state in his particulars of claim that the alleged account has been assigned to the claimant by Alliance and Leicester Giro.

No information on this alleged assignment has been provided to the defendant.

4. The defendant draws the courts attention to section 196 Law ofProperty Act 1925

5. I respectfully submit to the court that steps to ensure service ofthe notice of assignment are only adequate if the requirements of S.196 of the law of property act 1925 are complied with either (a) postal service or(b)personal service

6. Since the claimant explicitly states it was “sent” it is assumed this was via postal service

The requirements for service via the post are

Law of property act (1925) s196

(4) any notice required by this Act to be served shall be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lesser,mortgagee, mortgagor, or other persons to be served, by name, at the afore said place of abode or business, office, or counting house, and if that letter is not returned by the postal operator (within the meaning of the Postal ServicesAct 2000) concerned undelivered, and that service shall be deemed to be made at the time at which the registered letter would be in the ordinary course be delivered.

7. It is noted that the claimant has, at no time, provided evidence that the notice of assignment was sent by registered post, and if “sent” via any other method, the notice was not sufficiently served.

8. I did not receive any notice of assignment in the format prescribed by law and served in the prescribed manner from the respondent

9. To the best of my knowledge any notice of assignment sent to me by registered post must therefore have been returned to the respondent.

10. Consequently, I do not believe that any notice of assignment was properly served upon me at the date of the claim, and therefore any assignment has not been perfected in law.

11. It is further averred that I am entitled to inspect the Deed of Assignment as to my request under CPR 31.14

(Van Lynn Developments V Pelias Construction Co Ltd 1968 (3) ER 824)

12. The claimant’s solicitor has failed to facilitate this as to my CPR31.14 request

13. The claimant’s solicitor has failed to supply certified copies of the original default and termination notice

14. The claimant’s solicitor has failed to send the Defendant a Certified copy of the Terms and Conditions associated to this account as stipulated by his CPR 31.14 Request.

15. If the claimant states that they were not the creditor as to the Consumer Credit Act 1974 at the time these statutory notices were issued (Agreement, Default and Termination notice), the defendant draws the courts attention of

Jones v Link Financial [2012] EWHC 2402 (QB)

16. Until the Claimant complies with the Defendants CPR 31.14 request, the Defendant is neither able to admit or deny the true figure and request leave to amend their defence should the claimant furnish the requested paperwork on which their claim relies upon.

STATEMENT OF TRUTH

I (your name) believe the facts stated in this defence are true.

(Print your name)

Dated this day 11^th November 2012



right then, tomorrow morning send my letter by recorded delivery to the solicitors.
when you have done that, log onto money claim online and cut and paste the above into the defence

dont forget to fill in your name, case number, etc,etc

keep me updated