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cpr 31.14 request - advice please ?
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# 1
lacelady1
Old 07-03-2013, 9:57 PM
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Default cpr 31.14 request - advice please ?

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
'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)

Last edited by lacelady1; 07-03-2013 at 10:01 PM. Reason: typo
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# 2
fermi
Old 07-03-2013, 10:09 PM
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I would also ask here ---> http://www.consumeractiongroup.co.uk...0-Legal-Issues
I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards, Loans, and Benefits boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com | > New to Forum? Click for Guide <

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# 3
lacelady1
Old 07-03-2013, 10:11 PM
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Join Date: Nov 2010
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Thanks Fermi, just registered and about to post :-)
'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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