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Court Claim Help


If you received a court claim and want to start a new thread in this forum please read THIS POST about your first steps and make a new thread in the forum.



PLEASE DO NOT SEND THINGS WITHOUT READING THEM FIRST. IF YOU DO NOT UNDERSTAND SOMETHING - ASK !! - We LIKE QUESTIONS !!!



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If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.



NOTE: If you receive a court claim note these dates in your calendar ...

Acknowledge Claim - within 14 days from Service


Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
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Help with CCJ. Arrow Global & Restons

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  • #16
    Re: Help with CCJ. Arrow Global & Restons

    Originally posted by willow6972 View Post
    [IMG]IMG_7330[/IMG]
    Erm........
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #17
      Re: Help with CCJ. Arrow Global & Restons

      Particulars of Claim

      The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and MBNA dated on or about xxx xx xxxx and assigned to the claimant on xxx xx xxxx

      Particulars ac/ no xxxxxxxxxxxxxxx
      DATE
      XX/XX/2016

      ITEM
      Default Balance

      VALUE

      £XXXX.XX


      TOTAL

      £XXXX.XX

      Comment


      • #18
        Re: Help with CCJ. Arrow Global & Restons

        Ok.

        As things stand they are non-compliant as regards the CCA request. (Not only due to the illegible copy, you should also have received legible T&Cs as at inception, plus any subsequent variations, & a signed statement of the account).

        The court timetable is paramount; unless they accept your invitation of a 28 day extension (per the CPR letter), you will need to file a defence at court within 33 days of the claim issue date.
        If you have not received anything further from the Claimant/sols between now & a couple of days or so before the 'defence date', you can use the defence example on the top of this thread, suitably tweaked to show that the response to your CCA request is not compliant.
        I also note that the agreement (contract) was from 2005.
        CAVEAT LECTOR

        This is only my opinion - "
        Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb

        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.

        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #19
          Re: Help with CCJ. Arrow Global & Restons

          Ok, will wait and see what comes back.
          Is the date of the agreement siginificant?

          Comment


          • #20
            Re: Help with CCJ. Arrow Global & Restons

            Good Morning!

            I have had a reply from Restons re my CPR request. Knowing Restons it's a standard response to this type of request, but I need you to tell me how to respond please.

            'We acknowledge receipt of your recent request made pursuant tp CPR 31.14

            We would point out that the claim was issued via the County Court Business Centre which is a procedure specifically provided for the CPR. This procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any disclosures. Paragraph 5.2A of Practice of Direction 7E specifically states "the requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contact claims does not apply to claims using the online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction."

            We would also remind you that CPR 31.14 states;-

            "A party may inspect a document mentioned in-

            a) a statement of case
            b) a witness statement
            c) a witness summery; or
            d) an affidavit."

            You would have been provided with a copy of the contractual Terms and Conditions at the time the account was opened and hence we see no reason why you now require an additional copy.
            Furthermore, the other documents you have requested are not "mentioned" in the particulars in the particulars of claim and therefore CPR 31.14(1) does not apply.


            Although your letter states that you require the requested documents in order to file a defence/counterclaim, we would point out that the particulars of claim contains sufficient information in order for you to understand what the claim relates to, namely;


            a) the date the account was opened
            b) the account number
            c) the outstanding balance
            d) the name of the original creditor; and
            e) the fact that the account has been assigned to the claimant and when it was assigned.



            blah blah blah,,,,, Restons.



            The particulars of claim only stated contract and assignment, so that is all I asked for.

            Comment


            • #21
              Re: Help with CCJ. Arrow Global & Restons

              Is the date of the agreement siginificant?
              It is possible that s127(3) of the original 1974 CCA may be relevant.
              CAVEAT LECTOR

              This is only my opinion - "
              Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb

              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.

              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #22
                Re: Help with CCJ. Arrow Global & Restons

                Ahh right. Any ideas as to how I reply to this mornings letter?

                Comment


                • #23
                  Re: Help with CCJ. Arrow Global & Restons

                  What did you ask for via the CPR request?
                  Was it only the agreement & the NoA per your previous post?
                  CAVEAT LECTOR

                  This is only my opinion - "
                  Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb

                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.

                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #24
                    Re: Help with CCJ. Arrow Global & Restons

                    Used the template letter above and asked for contract (that's what they called it on POC) and notice of assignment. Only asked for what they had put in POC

                    Comment


                    • #25
                      Re: Help with CCJ. Arrow Global & Restons

                      Can anybody help with a reply to the last letter from Restons please?

                      Comment


                      • #26
                        Re: Help with CCJ. Arrow Global & Restons

                        they are trying to allay you - usual nonsense from them, CPR31.14 is relevant up unto allocation - they are trying no doubt to cover the fact they do not hold necessary document for now. they are the pits and certainly not ethical in their business mind you neither are a lot of others in that so called profession

                        Comment


                        • #27
                          Re: Help with CCJ. Arrow Global & Restons

                          Originally posted by willow6972 View Post
                          Can anybody help with a reply to the last letter from Restons please?
                          For the Personal Attention Of.
                          Nigel Coe
                          Director
                          Restons Solicitors

                          Date:




                          Re: County Court Claim No.''''''''''''''''''''''''''''''''''''''''''''''' '''
                          Claimant.....................................


                          Dear Mr Coe,

                          I am in receipt of a letter from Restons in response to my request for inspection of documents mentioned in the particulars of this claim under the provisions of CPR 31.14.

                          You are reminded that this claim has not been allocated to any track therefore the request is relevant.

                          What documents I may or may not have received from the original creditor is of no relevance at all as I am requesting sight of the documents your client intends to reply on in court.

                          Please therefore send the documents required by return of post or confirm that your client was not in possession of said documents on the date tis claim was issued.

                          Restons conduct in this matter will be brought to the attention of the court.

                          Yours etc.

                          Use signed for post, check delivery date and signature and print off a copy.

                          nme
                          The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
                          Please make your own decisions with care and if necessary seek qualified legal advice.
                          I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.




                          Comment


                          • #28
                            Re: Help with CCJ. Arrow Global & Restons

                            Thanks!

                            I need to start thinking about my defence I suppose

                            I never wanted not to pay this debt. I just wanted to see the credit agreement and terms, as I had questions as to how the balance was so much. The credit agreement they (arrow) sent is totally illegible. I cannot read the terms at all. I wrote for a clearer credit agreement to be sent. Restons issued court papers instead.

                            How do you very brilliant people suggest I handle the next step?

                            Comment


                            • #29
                              Re: Help with CCJ. Arrow Global & Restons

                              Originally posted by willow6972 View Post
                              Thanks!

                              I need to start thinking about my defence I suppose

                              I never wanted not to pay this debt. I just wanted to see the credit agreement and terms, as I had questions as to how the balance was so much. The credit agreement they (arrow) sent is totally illegible. I cannot read the terms at all. I wrote for a clearer credit agreement to be sent. Restons issued court papers instead.

                              How do you very brilliant people suggest I handle the next step?
                              Willow if the agreement is illegible in any part it's not compliant.

                              My suggestion is in post #27 for immediate action.

                              nem,
                              The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
                              Please make your own decisions with care and if necessary seek qualified legal advice.
                              I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.




                              Comment


                              • #30
                                Re: Help with CCJ. Arrow Global & Restons

                                Right, done that. Will post recorded tomorrow. I was just thinking ahead, the defence part terrifies me, I am aware that Restons aren't the nicest. I want to do everything I possibly can to avoid a CCJ!

                                Comment

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