Arrow Global / Blake Morgan

[The Tech Clerk]

di@joannaconnollysolicitors.co.uk contact Di urgently

[Joanna Connolly Solicitors]

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

It's good to hear the DJ didn't grant the Summary Judgment, but pity he didn't dismiss the claim at the same time.

Now you're faced with the next stage.

Did you seek permission to file an Amended Defence?

Di

[redman]

It's good to hear the DJ didn't grant the Summary Judgment, but pity he didn't dismiss the claim at the same time.

Now you're faced with the next stage.

Did you seek permission to file an Amended Defence?

Di

No I didn't Di - the DJ said that the lack of the NOA was quite key as well as they were seeing a lot of this type of case. He didn't have my Witness Statement until I gave him it so just really had a quick look through it. I didn't ask about Amending the Defence, I did point out that I didn't have a copy of my Defence or the POC due to the length of time of Stay. It was good to see the representative of Blake Morgan squirming when trying to explain the length of the Stay & after 5 mins of waffle the DJ turned around & said well that didn't really explain it.

[Spud]

I'm really glad to hear that the judge didn't grant the summary judgement in this case

How you handle this going forward is so important

Given the complexity and the delicate nature of the next stages and the need to get this absolutely right.........My advice to you would be to Contact Diana Mayhew by email on the following email address: di@joannaconnollysolicitors.co.uk

If you contact Di by email, She will be able to give you free initial legal advice

Send her a quick email and I am sure she will be able to help you get this next stage in order to give you the best chance of beating this

It would be 5 minutes well spent

[Joanna Connolly Solicitors]

No I didn't Di - the DJ said that the lack of the NOA was quite key as well as they were seeing a lot of this type of case. He didn't have my Witness Statement until I gave him it so just really had a quick look through it. I didn't ask about Amending the Defence, I did point out that I didn't have a copy of my Defence or the POC due to the length of time of Stay. It was good to see the representative of Blake Morgan squirming when trying to explain the length of the Stay & after 5 mins of waffle the DJ turned around & said well that didn't really explain it.

You got lucky that the DJ allowed you to submit your Witness Statement after the court deadline, and you got lucky that the Claimant's legal representative didn't oppose your late filing of evidence at the Hearing (assuming the previous Order was explicit). I would have objected if I'd been in their shoes

Unless the DJ reserved the case to himself (did he?) don't assume you'll get lucky next time. Maybe he kicked it into the long grass to avoid making a decision?

It seems from what you say that the DJ may have side-stepped the situation (refused the Summary Judgement Application) so that you now have to deal with the original claim against you. From what you have said your Defence is not sufficient to defend the next round.

You may need to amend your Defence which will need permission from the court (an Application which can be contested). You admit you didn't ask for that at the Hearing. I think I suggested you should have done that.

What are the Directions which have been ordered?

Di

[redman]

You got lucky that the DJ allowed you to submit your Witness Statement after the court deadline, and you got lucky that the Claimant's legal representative didn't oppose your late filing of evidence at the Hearing (assuming the previous Order was explicit). I would have objected if I'd been in their shoes

Unless the DJ reserved the case to himself (did he?) don't assume you'll get lucky next time. Maybe he kicked it into the long grass to avoid making a decision?

It seems from what you say that the DJ may have side-stepped the situation (refused the Summary Judgement Application) so that you now have to deal with the original claim against you. From what you have said your Defence is not sufficient to defend the next round.

You may need to amend your Defence which will need permission from the court (an Application which can be contested). You admit you didn't ask for that at the Hearing. I think I suggested you should have done that.

What are the Directions which have been ordered?

Di

Hi Di,

I had submitted my Witness Statement on time to both the court & Blake Morgan it was just that he didn't have a copy of it in his file. I don't think the DJ reserved the case to himself he never stated this, he seemed to be more siding on the fact that I had a case and it looked like MBNA & Arrow hadn't / couldn't provide evidence that they had done everything correctly.

I now have to supply my Witness Statements and any supporting evidence / documents by 4pm on Monday 13th May, he did advise that the court operated a strict rule on meeting the right deadlines but I work very close to it so won't have any problems meeting it.

Can I use the WS from the previous hearing as that pretty much covered everything I wanted to say ?

[The Tech Clerk]

Redman - have a chat with Di as you may have missed something never be too sure? cost you nothing to chat with her 0330 053 9340

[redman]

Just wanted to update all on this - the judge threw Arrow's case out based in their being no Deed of Assignment which she said didn't even get them off 1st base - she was quite ruthless with them stating to their solicitor that one day these companies might learn.

[Timewilltell]

Excellent news, well done, does this mean that AG can’t return to court should they mysteriously find a DOA?

[redman]

No they court found in my favour she said no adjournment etc. - she also said that she hadn't even started on the deficiencies in their evidence.

[Rebz]

Why go to trial without proof of title, madness. Even if the defence is garbage they can't prove their own claim to the satisfaction of the court o.0

[Joanna Connolly]

Arrow don't like disclosing their Deeds of Assignments. However in 2 cases last week we have obtained orders from the court for them to disclose them

[Rebz]

Strange that. I recall dealings years ago with a company Aktiv Capita I think. I asked for the deed and it was provided in days. Referred to an underlying sale agreement and was as bare as bare could be, nothing in it to be challenged, dates matched notice properly executed so I moved on. Thankfully it was a storecard account so a limited balance.