Arrow Global / Blake Morgan

[Joanna Connolly Solicitors]

Yes Arrow have included FOS decision in Summary Judgment Application and briefly skirted around the SAR in it, with an e-mail trail saying it was completed in 2011. I made the formal SAR request in June & July 2011 Di but didn't make a complaint to the ICO after 40 days, I have always made all agents of MBNA aware of this request including Arrow in 2016 when they contacted me after the claim was stayed.

As I've explained a Summary Judgement Application is the Claimant asking the court to strike out your Defence as having no legal merit so disposal at Trial isn't the way forward (in legal procedure terms).

You've said your Defence was solely that the debt should not have been assigned to Arrow while it was in dispute with MBNA. This suggests you've not included any arguments in reference to your s 77-79 CCA Request, or challenges to other statutory obligations such as the Default Notice and Assignment etc.

You've also said that the FOS didn't uphold your complaint (which is evidence Arrow has included in their WS) and although you intended to appeal the FOS decision, you didn't actually appeal. I think you implied that the only reason your didn't appeal (an Adjudicator's decision or an Ombudsman's Decision?) was because MBNA didn't comply with your SAR so you didn't have the evidence for your appeal.

The question you have to ask yourself is whether your historical quarrel with MBNA is sufficient to convince a DJ that Arrow has no legal right to bring their claim against you now. I can't answer that question for you because I've not seen the Particulars of Claim to know what they say.

I can think of other arguments you could have raised but you seem convinced that you will be successful with contesting this Application based on what you have already pleaded in your Defence.

You will need to file your WS at least seven days before the Hearing.

Di

[redman]

I’d love to hear your thoughts on other arguments Di, I don’t have a copy of the POC now & neither does the court due to timescales

[The Tech Clerk]

I’d love to hear your thoughts on other arguments Di, I don’t have a copy of the POC now & neither does the court due to timescales

//////????????????

[redman]

Sorry didn’t understand last message

[The Tech Clerk]

I don’t have a copy of the POC now & neither does the court due to timescales = explanation? no POC?

[redman]

The court only keeps for3 years & this has been ongoing for 4 years & I don’t have a copy

[The Tech Clerk]

sloppy court retention period then even in the USA, some states 10 years I have been informed!

[Warwick65]

Hi Redman

I know the clock is ticking for you, have you actually contacted Diana Mayhew . There may be things her, or her firm can do outside of a public space

[The Tech Clerk]

di@joannaconnollysolicitors.co.uk

[Joanna Connolly Solicitors]

Good luck at your Hearing today.

If it doesn’t go in your favour ask the DJ for permission to Appeal before he leaves the room.

Di

[redman]

di@joannaconnollysolicitors.co.uk

Thanks Di

[Joanna Connolly Solicitors]

Thanks Di

If you're successful in contesting the Summary Judgment then the claim will continue from where it left off (4 years ago!) and it's likely the DJ will give Directions for the next stage.

If you're unsuccessful then asking the DJ for permission to Appeal before he goes is wise because the alternative is to make an Application to the court to Appeal within a limited time.

Post up on your thread if you need help with the next step.

Di

[redman]

di@joannaconnollysolicitors.co.uk

DJ lifted the Stay on the case but refused the Application for Summary Judgment given that he could see there was a dispute as well as their being no Notice of Assignment. Case to be heard via Small Claims with Standard Directions

[redman]

Thanks Di

DJ lifted the Stay on the case but refused the Application for Summary Judgment given that he could see there was a dispute as well as their being no Notice of Assignment. Case to be heard via Small Claims with Standard Directions

[nightwatch]

DJ lifted the Stay on the case but refused the Application for Summary Judgment given that he could see there was a dispute as well as their being no Notice of Assignment. Case to be heard via Small Claims with Standard Directions

hi, why not email Di , she may be able to offer more advice off site,

as each case is different from the next, she is the one most able to help, initial advice is free and you can discuss more than is safeto post on line.

Best wishes NW x