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  • FIRST POST
    lacelady1
    cpr 31.14 request - advice please ?
    • #1
    • 7th Mar 13, 9:57 PM
    cpr 31.14 request - advice please ? 7th Mar 13 at 9:57 PM
    Hi Folks

    I've posted previously on behalf of my OH who is the respondent in a case brought by Arrow Global Ltd for a debt he didn't know had been assigned to them, originally an MBNA credit card debt.

    He is in a DMP with StepChange, formerly CCCS and this debt was included in it and according to his Step Change statements, paid off and showing a zero balance. However, this seems not to be the case as his credit report shows a balance 1801 as of January 2013 to Arrow Global Ltd.

    They say they acquired the debt in August 2010 but no communication about this was ever received and to all intents OH thought it remained with MBNA and was being paid off.

    We have sent in the defence to the claim but now wish to do an urgent CPR 31.14 request for all the documents listed in the particulars of the claim, none of which have ever been received originally or after doing a CCA 77-79 request on 29th January. Documents required are notice of assignment, default notice, termination notice and a full statement of account to ascertain what payments have been made and when.

    OH is also going to take this up with StepChange as something has clearly gone wrong with assignment of payments.

    As we have already submitted a defence but this did not explicitly rely on the fact that legal ownership of the debt has not been proved by way of proof of notice of assignment etc, do we now have to request permission to amend the defence to include this whilst we await the outcome of the CPR 31.14 request ?

    Interestingly, Arrow Global were originally using a local but large firm of Solicitors to make their claim, but they are now acting as a litigant in person
    using their own in house legals. Is this significant do you think ? Why not carry on with the Solicitors appointed if they thought they had a good case ? They have served the appropriate notice N434 though, so that looks in order.

    Many thanks for your helpful and constructive advice

    LL
    Last edited by lacelady1; 07-03-2013 at 10:01 PM. Reason: typo
    'Control your money - don't let it control you'
    MBNA - 1067 (was 2000)
    Tesco CC 525(was 1950)
    RBS Mint 558 (was 800)
    NatWest CC 1734 (930 @ 0% for 6 mnths)
    Mortgage 55,000 (was 68,00)
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