We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Help! Confused with letter from Court Re: Debt

Good evening all.

I am currently in an on going battle regarding an alledged debt with a company (Arrow Global) which seems to be close to an end point. It is currently with the Courts and I have today received a letter (General Form of Judgement or Order) and I am confused by it. I was wondering if someone could clear it up for me.

"It is ordered that

1. The claim is stayed because the claimant's statement of case discloses insufficient details or inadequate particulars of claim. The claimant shall supply the defendant with the details of the account which is the subject of the claim. Unless by 4pm 10 September the claimant files with the court and serves the defendant with a further statement of case that sets out full and adequate particulars of the claim, the claim will be automatically struck out.

2. The defence is struck out because, as written, it does not disclose a real prospect of success. Unless by 4pm on 24 September the defendant files with the court and serves the claimant with a further defence that discloses a defence to the claim, the claimant may apply to enter judgement by lodgement of n205 (where a specific sum is claimed) or by application for judgement."


I am assuming that, unless arrow (claimant) prove the alledged debt by the 10th September, then the claim cannot be taken further. And if they DO provide suitable docs, I would have to provide a defence against them by the 24th September. WOuld my understanding be correct?
HELP!

Comments

  • rizla_king
    rizla_king Posts: 2,895 Forumite
    Still rolling rolling rolling...... :) <
    SIGNATURE - Not part of post
  • rizla_king
    rizla_king Posts: 2,895 Forumite
    Reply on there:
    Yep, you got it! So you will have 14 days to get your defence together but only IF they radically improve their POC and provide you with accurate details of the account.

    How did you achieve this exactly? Or was both the claim AND the defence so woeful that the court acted on its own initiative??
    Still rolling rolling rolling...... :) <
    SIGNATURE - Not part of post
  • fatbelly
    fatbelly Posts: 23,934 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Cheekyflip wrote: »

    I am assuming that, unless arrow (claimant) prove the alledged debt by the 10th September, then the claim cannot be taken further. And if they DO provide suitable docs, I would have to provide a defence against them by the 24th September. WOuld my understanding be correct?
    HELP!

    That's about it..

    They have until 10 Sept to produce a new particulars of claim, which you will see. You then have until 24 Sept to respond to that.

    If they produce nothing, the whole claim is struck out. If you don't respond to a revised claim, they can apply for judgement in default.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 355K Banking & Borrowing
  • 254.6K Reduce Debt & Boost Income
  • 455.7K Spending & Discounts
  • 247.8K Work, Benefits & Business
  • 604.9K Mortgages, Homes & Bills
  • 178.7K Life & Family
  • 262.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.