Arrow Global Limited/Bryan Carter Solicitors - Please Help

[miliitant]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

They hope you do not defend and then get a judgement by default

the aq comes next, arrow will have to pay for that, the court will send it you, why do you think they are now trying for dialogue, with costs this is now starting to cost them money

i am realy confident now on this one judging by arrows response

[YorkshireBee]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

Hi Miliitant. I've now received something called an "Allocation Questionnaire (Small Claims Track)" - do you have any advice for me for what to put? And where I should request that this is heard? I haven't had anything re: my CCA request from either Bryan Carter (now not on the case) or Arrow Global. Many thanks for any help you can give.

Best wishes
Bee

[YorkshireBee]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

Hi Miliitant. I've now received something called an "Allocation Questionnaire (Small Claims Track)" - do you have any advice for me for what to put? And where I should request that this is heard? I haven't had anything re: my CCA request from either Bryan Carter (now not on the case) or Arrow Global. Many thanks for any help you can give.

Best wishes
Bee

[miliitant]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

thats great

give me a few days and i will do an unless order to get this thrown out for non compliance of your cpr 31.14 request

have you received a witness statement back yet from the claimant to refute your defence

[YorkshireBee]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

I have to have the AQ back to court by the 15th (been away working) and all I've had from Arrow is a letter which says:

We write further to the above matter and your defence filed at court
We enclose a Notice of Change by way of service upon you, kindly note our details

Your Defence states that you are unaware of the debt due, kindly note:
1. This account relates to a Halifax current account overdraft;
2. The account originates from the XX July 1996;
3. The account defaulted on the XX July 2008;
4. Arrow Global acquired the debt on 08 August 2010 and a Notice of Assignment was served on 20 January 2011
Kindly contact us to resolve this matter amicably to prevent legal costs being incurred.

Does that count as a witness statement? It doesn't exactly give the information requested in my CCA request, does it?

I'm worried because I can't take time from work to go to Northampton to defend this... I'm based in Yorkshire

Thanks for your help

Bee

[miliitant]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

that is no witness statement and they still have not complied with your 31.14 request

ill crack on with the strike out application

it will not be northampton as it will be transfered to your local court

this is now starting to look rather good so we strike while the iron is hot

[YorkshireBee]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

Thanks - it's good to know that I have some come back against these people

Bee

[YorkshireBee]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

I really need to get the document back to the court by Thursday, so I'll crack on with completing it, as there doesn't seem to be a section asking for strike out... and I don't want my defence being struck out. I'll use the points above in my "other information" section, I guess that's the appropriate place for them.

[miliitant]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

morning

thanks for bumping your thread to alert me as i have so many thread on the go it is difficult to keep track of them all

check back this evening and i will have a witness statement for you

please do not do anything until instructed

regards

[miliitant]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

first thing the allocation questionnaire

question a answer no
question b answer no
question c answer yes
question d answer put 0
question e answer no
question f answer no

QUESTION G PUT IN THE BOX

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

The claimant has failed to supply the requested documents as to the defendants CPR 31.14 request.

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

without production of the requested documents, I am at a disadvantage and amunable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case

It is respectfully requested this case be allocated to the small claims track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

Therefore it stands to reason that the requested documents must be disclosed before this case can progress any further

This allocation questionnaire and the draft order for directions were sent to the claimant on12/11/2012

question H answer leave blank
then just sign and date the form and print your name

ON A SEPERATE PIECE OF A4 PAPER WRITE THIS

In the ************* county court
Claim number **********

Between

************* -Claimant


and




xxxxxxxxxx -Defendant






Draft Order for Directions

The Claimant shall within 14 days of service of this order file and serve the following:

1/ Copies of the Credit Agreement with the relevant terms and conditions associated with that agreement, and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon

2/ Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,

3/ Document, contract or deed of assignment
(Van Lynn Developments V Pelias Construction Co Ltd 1968(3) ER 824)

4/ Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

5/ Copies of any statement or other document relied upon

If the Claimant fails to comply with this order, the claim will be struck out without further order.

The Defendant shall within 14 days thereafter file and serve the following:

An amended defence sufficiently particularised in response to the documents supplied by the claimant

[miliitant]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

you need three copies of the documents, thats the AQ, and the draft order for directions

ONE FOR YOU
ONE FOR THE COURT
ONE TO SEND TO THE CLAIMANT

[alham]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

first thing the allocation questionnaire

question a answer no
question b answer no
question c answer yes
question d answer put 0
question e answer no
question f answer no

QUESTION G PUT IN THE BOX

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

The claimant has failed to supply the requested documents as to the defendants CPR 31.14 request.

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

without production of the requested documents, I am at a disadvantage and amunable???do you mean unable ? to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case?? repeating the first part of the sentence

It is respectfully requested this case be allocated to the small claims track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

Therefore it stands to reason that the requested documents must be disclosed before this case can progress any further- Again, repeating above sentence

This allocation questionnaire and the draft order for directions were sent to the claimant on12/11/2012

question H answer leave blank
then just sign and date the form and print your name

ON A SEPERATE PIECE OF A4 PAPER WRITE THIS

In the ************* county court
Claim number **********

Between

************* -Claimant


and




xxxxxxxxxx -Defendant






Draft Order for Directions

The Claimant shall within 14 days of service of this order file and serve the following:

1/ Copies of signed [the] Credit Agreement which the claimant seeks to rely upon, together with its [the relevant] terms and conditions [associated with that agreement,] and any other documents referred to within it [which complies with the consumer Credit Act 1974 and all subsequent regulations],

2/ Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,

3/ Document, contract or deed of assignment
(Van Lynn Developments V Pelias Construction Co Ltd 1968(3) ER 824)

4/ Notice of assignment, with proof of service of the same, compliant with s196 of the Law of Property Act 1925.

5/ Copies of any statement or other document relied upon

If the Claimant fails to comply with this order, the claim will be struck out without further order.

The Defendant shall within 14 days of receiving such documentation [thereafter] file and serve the following:

An amended defence to the Claim [sufficiently particularised in respondingse to the documents supplied by the claimant]

militant, slight correction of a few typos.

[miliitant]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

many thanks

good to have second eyes looking in

[miliitant]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

first thing the allocation questionnaire

question a answer no
question b answer no
question c answer yes
question d answer put 0
question e answer no
question f answer no

QUESTION G PUT IN THE BOX

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

The claimant has failed to supply the requested documents as to the defendants CPR 31.14 request.

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

without production of the requested documents, I am at a disadvantage and unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with .

It is respectfully requested this case be allocated to the small claims track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

This allocation questionnaire and the draft order for directions were sent to the claimant on the 12/11/2012

question H answer leave blank
then just sign and date the form and print your name

ON A SEPERATE PIECE OF A4 PAPER WRITE THIS

In the ************* county court
Claim number **********

Between

************* -Claimant


and




xxxxxxxxxx -Defendant






Draft Order for Directions

The Claimant shall within 14 days of service of this order file and serve the following:

1/ Copies of the signed Credit Agreement which the claimant seeks to rely on with the relevant terms and conditions associated with that agreement, and any other documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations

2/ Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,

3/ Document, contract or deed of assignment
(Van Lynn Developments V Pelias Construction Co Ltd 1968(3) ER 824)

4/ Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

5/ Copies of any statement or other document relied upon

If the Claimant fails to comply with this order, the claim will be struck out without further order.

The Defendant shall within 14 days of receiving such documentation, thereafter file and serve the following:

An amended defence to the claim sufficiently particularised in responding to the documents supplied by the claimant

[miliitant]

Re: Arrow Global Limited/Bryan Carter Solicitors - Please Help

can you have another look please alham

i have now amended

two eyes are better that one as this is important

thanks