Search
  • Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Wife V Arrow

Collapse
Loading...
X
Collapse
  • Page of 1
  • Filter
  • Time
  • Show
Clear All
new posts
Previous Next
  • #1

    Wife V Arrow

    The wife received a claim via Northampton for an Egg debt, passed to Barclaycard and then Arrow using Bryan Carter. We initially put in a request for docs and a defence based on their non production. Bryan Carter were sacked by Arrow who claimed they would then proceed using there in house team. Subsequently they sent through a copy of the AQ they "claim" to have filed which has a deadline of tomorrow. I know what I Intend to put on our reply but we have received nothing from the local court.

    Now, I'd usually be worried that the paperwork just hadn't turned up but we actually have two almost identical claims filed within a day or two of each other (two different Egg accounts that defaulted together.) We have AQ copies from Arrow for both and neither has resulted in a copy from the court. I intend to phone the court in the morning but anyone else agree with my thinking that this was just an encouragement for us to contact them to do a deal?
    Tags: None
  • #2
    Re: Wife V Arrow

    Hard to say to be honest, but definately call the court in the morning as its to big a risk to just ignore on an assumption alone!
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

    Comment

    • #3
      Re: Wife V Arrow

      Thought I'd bring this further up to date, and ask a little more advice.

      The court suggested I should fill in an AQ anyway so I did and included a draught order to strike out because of no docs ie NOA and DN.

      The judge called us in to find out what was going on and gave them a deadline of last week to submit to the court and us a WS and the docs to rely on. Just spoke to the court as we and them have not received the claimants paperwork. The court girl suggested I write in to inform the judge and see what to do next.

      My question is I'll inform the judge that as we have still received no docs from Arrow we are unable to comply with our requirement of WS as we are still unsure that there is a case to answer, should I also request that its struck out or is that likely what he will do anyway?
      • 1 thank

      Comment

      • #4
        Re: Wife V Arrow

        Originally posted by toomanycalls View Post
        Thought I'd bring this further up to date, and ask a little more advice.

        The court suggested I should fill in an AQ anyway so I did and included a draught order to strike out because of no docs ie NOA and DN.

        The judge called us in to find out what was going on and gave them a deadline of last week to submit to the court and us a WS and the docs to rely on. Just spoke to the court as we and them have not received the claimants paperwork. The court girl suggested I write in to inform the judge and see what to do next.

        My question is I'll inform the judge that as we have still received no docs from Arrow we are unable to comply with our requirement of WS as we are still unsure that there is a case to answer, should I also request that its struck out or is that likely what he will do anyway?
        As Arrow have failed to comply with the judges order to submit the documents and WS, then the judge will have to rule in your favour and strike arrows claim out i would expect.
        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

        The Governess; 6th March 2012 GRRRRRR

        Comment

        • #5
          Re: Wife V Arrow

          Originally posted by teaboy2 View Post
          As Arrow have failed to comply with the judges order to submit the documents and WS, then the judge will have to rule in your favour and strike arrows claim out i would expect.
          So should I do an application to strike out or should a letter advising the judge of the situation be sufficient?

          Comment

          • #6
            Re: Wife V Arrow

            Simply advise the judge and ask him for directions? He will probably either advise you to apply for strike out of give you default judgement in your favour.
            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

            By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

            If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

            I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

            The Governess; 6th March 2012 GRRRRRR

            Comment

            • #7
              Re: Wife V Arrow

              Ok, sent a letter on 19th September to the court asking the judge directions. We've heard nothing and the date for us to file a WS is Friday. Spoke to the court today and they said the judge has not looked at the letter yet but they will urgently get it put in front of him and we'll hear by thursday what he says but to ready ourselves for WS and docs to rely upon for Fridays deadline.... How can we file a WS, as I understand it its a response to the claimants?
              • 1 thank

              Comment

              • #8
                Re: Wife V Arrow

                Right, I've got my head around a WS but can someone advise what I need to provide in relation to "docs to rely on". If I refer to a section in the CCA to I need to provide a full copy of the act or just the section and simialrly the LoP Act? How about quoting case law do I need a full copy of the case? Does this all have to be set up as a "court bundle" ie paginated and indexed?
                • 1 thank

                Comment

                • #9
                  Re: Wife V Arrow

                  The judge will have to deal with your letter first before doing any directions

                  i can see this claim being struck out myself

                  all you can put in the witness statement is the claimant still has not given you the documents to do a defence

                  before we start going down witness statements/court bundles, lets see what the judge directs as to your letter tomorrow before we do anymore i would think
                  Last edited by miliitant; 3rd October 2012, 18:51:PM.
                  • 1 thank

                  Comment

                  • #10
                    Re: Wife V Arrow

                    Thanks Militant, I'd like to think it'll be struck out as an abuse of process but you never know.

                    I'll report back in the morning.
                    • 1 thank

                    Comment

                    • #11
                      Re: Wife V Arrow

                      Phoned the court as nothing has turned up in the post, the court didn't know what I was talking about "what letter" and then asked me to email another copy to get put in front of the judge but to prepare our information anyway, they "may" get a chance to have a judge look at it today.
                      • 1 thank

                      Comment

                      • #12
                        Re: Wife V Arrow

                        Any further update as yet?
                        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                        The Governess; 6th March 2012 GRRRRRR

                        Comment

                        • #13
                          Re: Wife V Arrow

                          Soke to the court again today, judge still not looked at it so had to put a WS and some supporting docs anyway and then wait to see what the judge says. Very frustrating...
                          • 2 likes

                          Comment

                          Previous Next

                          View our Terms and Conditions

                          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                          Announcement

                          Collapse
                          See more
                          See less

                          Court Claim ?

                          Guides and Letters
                          Loading...



                          Search and Compare fixed fee legal services and find a solicitor near you.

                          Find a Law Firm


                          Working...
                          X