Arrow Global & Drydens Fairfax at it again, big style.

alastairq

Well, Arrow Global really have hit the big time, this time.

Got a Claim form, from Northampton County Court, with Arrow Global as claimant, for a humungous sum against me. It is in regard to an old MBNA account, which was included in Bankruptcy.

A bit of HMCourts online research led to the discovery that these claims [not a 'small claim']...can be submitted online, but any online claim will be [initially] dealt with by Northampton County Court.

Which explained why Drydens, who are in Bradford, and Arrow Global, London [Guernsey,actually...wonder if that will stymie the ICO and FOS complaints system??}.....should claim through a Court whose location can only lead to my application for huge costs, if I attended, to defend.

However, with the Claim, obviously, completely disputed, there is a possibility a Court nearer me would deal with the case, should anyone wish to see documentary proof of my defence.

However.......I digress.....it transpires that Drydens are submitting claims online....!

Which means..... the obvious dispute & defence can also be submitted online.

Quite easy to do..but involves opening a Gateway account.

When typing the reasons for my Defence[ obvious ones for this forum, really]...I did manage to make the point that MBNA, & Arrow Global were fully aware of a Bankruptcy...Arrow Global several times made aware when answering their incessant phone calls, subsequent to Discharge!

The point was also observed, concerning how much attention both creditors paid to Bankruptcy.

I don't suppose the Claim will go any further now?

Seeing as my Defence will be forwarded by the Court to the Claimant.

Still, seeing as it's Arrow Global, they may decide to have their day in Court...and so will I....with a fresh Counterclaim for all my costs, etc.

I really must have another look at my Credit records? [not that they bother me anyhow, but still....]

Last time I looked, all defaults pre-dated the BR date.

If Arrow Global have subsequently inserted fresh defaults, then I will take pleasure in challenging them, with minimum time allowances, and some of Fermi's letters, to the ICO and FOS...even GCHQ if they're listening?

Anyhow, the point of this thread is to hilite how a potential CCJ can be dealt with, online, without having to buy stamps...........:T

Damn_it_2

They have done the same to me I went BR in feb 2009 and now nearly five years later they are at it again.


I was originally Damn it on here but I no longer use the email address so I can't set up a password reminder oops.

fermi

Alistair. If you defend a claim issued through MCOL and Northampton CCBC, it will automatically be transferred to your local court. No-one ever has to attend a hearing in Northampton CCBC. It's just a clearing centre to process claims where no hearings are required.

thelionel2000

Thanks for this, it good to be aware off. I have an acc with arrow and just gone BR so will see what happens in the future.

fermi

Would this be of a value that it would likely go on the small claims track?

http://www.judiciary.gov.uk/JCO%2FDocuments%2FCJC%2FPublications%2FOther+papers%2FSmall+Claims+Guide+for+web+FINAL.pdf

1.5 Costs

there are three kinds of costs or expenses involved in court proceedings:

1. there are court fees. these are what you pay the court, for example, in return for them processing a form
or arranging court time for a hearing. it’s the way people who use the courts contribute to the cost of
running the courts. See section 4.7 below for more information. if you win a small claim, the other party
will generally be ordered to reimburse your court fees.

2. there are reasonable travelling expenses, loss of earnings (although the amount that can be allowed for these
is restricted by the court rules for the small claims track) and expert’s fees (if the court has allowed an expert
to be instructed). if you win a small claim, the other party will generally be ordered to reimburse these
for you, but of course if you lose you may be ordered to pay the amount awarded to the successful party.

3. then there are legal costs (often just referred to as ‘costs’). these are what solicitors charge for the legal
work they do. the small claims track works differently to the other two tracks when it comes to costs.
orders for one side to pay the other side’s costs are unusual – it is usually the case that even if you are
successful you will bear your own. this is different to the other tracks where it is usually the case that the
loser pays the winner’s costs. for this reason, most people bringing or defending a small claim represent
themselves (or have free support from a friend or ‘lay representative’ or someone legally trained from,
e.g. the citizens Advice Bureaux) rather than instruct a solicitor. However, you should be aware that if
you bring a small claim and are unsuccessful, or as the defendant in a small claim you put the other side
to huge trouble and then lose, the court has a discretion to make an order for you to pay the costs that the
other side has incurred if you have acted unreasonably.

alastairq

In this case, it isn't a 'small claim'...as the claim falls outside the maximum permitted for a small claim..It falls in between the next two categories up.

The important point I wanted to make is that, in hte event of one of us [or more] receiving Court papers.....firstly, respond ASAP to the Court...even to acknowledge receipt, using the forms provided. This then gives you 28 days [another 14 days more] to get yourself together to dispute the claim [evidence gathering, etc]...

Or, if the Court papers emanate from Northampton, then respond online...takes about 20 minutes [ or did, for me]....

Damn_it_2

Checked online and my defence was received on 20/01/2104 nothing further to report unfortunately

fermi

A word of caution with this bunch...

If they tell you that they are discontinuing or not going ahead, do not believe that unless you have it confirmed direct by the court. They have told people this is the past, and then gone ahead with the case. Because people belived it was finished they didn't return court forms thinking they didn't have to, and therefore either got judgement against them by default or some other serious bother.

Likewise when a hearing is scheduled, do not belive them if they say it's been cancelled unless the court confirms it. They have also wrongly told people this in the past, then turned up to court themselves to try to get judgement without you being there to put your case.

debt_doctor

Hi Al,


You seem to be well on top of this.


You might also want to make a formal complaint in writing with a view to referring to FOS after final response / 8 weeks.


This will cost you nothing but will cost them £500, right or wrong - which serves them right for chasing debts that they know full well are non- recoverable.


DD

alastairq

Thanks for hat, DD..don't suppose there's a fermi-o-gram on here , is there?

Update...received acknowledgement from Court of my defence, which is now being forwarded to claimant...who might contact me personally to try to resolve the matter [what is there to resolve?]...or, in any event, claimant has 28 days to contact court if they wish to proceed....[pointless exercise, and could cost them dearly?]...if nothing is heard by Court within 28 days of service, the action will be 'stayed'.

The Court letter informs that, once stayed, the only action a claimant can take will be to apply to a Judge for an Order lifting the stay.


I strongly suspect Drydens have received covert instruction to create as much inconvenience as possible to those they pursue..in the hope that, one will perhaps miss one of the Court communications, and Dryden eventually end up with a Court Order...which will then need to be set aside by the defendant, at their own expense....which will also leave the CCJ showing on hte credit file...will it not?

Therefore, I will be observant for the claim being stayed....

I also presume if Drydens then apply to a Judge to lift the stay, I will be informed of the fact?

Would this be correct?

The strategy might appear to be, never mind the BR, and the 6 year thing, lets mark their credit files for eternity with worthless CCJ's?

A point of interest to me ...the original account was one of two such accounts....from the same original creditor.

I've not heard a squeak about the other account.

Will that one be the next Dryden's attempt?

Watch this space.....

fermi

Not quite. A set aside CCJ would be removed from the registers and your credit report as if it never happened.

Yes, you should be informed if any application is made to lift a stay.

Not sure if it is a deliberate ploy against BRs, or where this is just gross incompetence in their administration in letting a claim covered by a bankruptcy order go ahead?