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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 !!!



We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
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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  • #31
    Re: Help with CCJ. Arrow Global & Restons

    Originally posted by willow6972 View Post
    I need to start thinking about my defence I suppose

    . . . . . The credit agreement they (arrow) sent is totally illegible. I cannot read the terms at all
    Your next step is to file your Defence.

    I would caution against writing any letter to Restons solicitors until you've done that (if at all). A stroppy letter won't achieve anything except serve to annoy them.

    From what you say the Claimant has not complied with your CCA Request. That will probably form part of your Defence.

    From what you say you've not been sent a copy of the DN or NOA.

    Without the necessary paperwork they cannot enforce the debt in court. They know that which is why they have written you a stroppy letter. It needs no response.

    If you have anything to say to Restons then you should say it in your Defence and not in correspondence beforehand.

    The Beagles have a template Defence to get you started. I would wait for one of them to guide you where to find it on the forum and they'll also help you to tweak it to suit your own circumstances.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

    Comment


    • #32
      Re: Help with CCJ. Arrow Global & Restons

      My recommendation stands, as it has proved very successful in ending proceedings very quickly. response is very important!

      Putting the point the CPR 31,14 is applicable is Not a stroppy response in any way.
      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


      • #33
        Re: Help with CCJ. Arrow Global & Restons

        Originally posted by willow6972 View Post
        I want to do everything I possibly can to avoid a CCJ!
        In which case file a Defence with the help of the Beagles

        Di
        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

        This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment


        • #34
          Re: Help with CCJ. Arrow Global & Restons

          Originally posted by willow6972 View Post
          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!
          We'll start to get your defence together Willow, for now take a look at the defence templates in the green box at the top of this page to give you an idea of format and content, then if you want make a draft and post it here so we can go through it with you.
          Plenty of help with this is available.

          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


          • #35
            Re: Help with CCJ. Arrow Global & Restons

            Thankyou so much!

            Comment


            • #36
              Re: Help with CCJ. Arrow Global & Restons

              Originally posted by nemesis45 View Post
              as it has proved very successful in ending proceedings very quickly. response is very important!

              Putting the point the CPR 31,14 is applicable is Not a stroppy response in any way.
              The thing is I can never understand why some people write to solicitors in an attempt to force/cajole them into producing documents.

              Surely it's better from a Defence point of view if they don't/can't produce the essential paperwork?

              If the OP has not been sent any Ts & Cs (as has been said) that can only be good news for now. Putting pressure on the solicitor to produce them may not help.

              Restons' own letter makes a tacit admission that they haven't got the Ts & Cs that's why they're saying they would have been sent to the OP when they opened the account in 2005.

              I'm not against letters to the other side inviting a Discontinuance as long as they are accompanied by a Draft Application of what you'll do if they don't agree.

              My personal view is that there's a time and a place for writing to the other side and before filing a Defence is not one of them.

              Di
              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

              This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


              Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment


              • #37
                Re: Help with CCJ. Arrow Global & Restons

                Originally posted by willow6972 View Post
                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!
                What you do must be your choice.

                Your Defence deadline is 17th October (isn't it?). This forum will help you to do that.

                You have time to recover from that Restons' letter which appears to have spooked you. That, of course, is why they sent it. It's a template letter they commonly send to LIPs. They wouldn't send that same letter to any solicitor acting for a Defendant

                If you want to write to them give some thought as to when would be the right time to do that.

                Di
                I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                Comment


                • #38
                  Re: Help with CCJ. Arrow Global & Restons

                  In the case of Restons and CPR 31.14 request it has proved very successful to challenge their template rejections of CPR requests the non cooperation has a positive result when used in defence and WS.

                  I only recommend actions that have had positive effects.

                  In todays very aggressive debt purchase and collection industry it's important to met the challenges/ misleading statement and down right ruthlessness head on it one doesn't the LIP gets trodden down.

                  Long experience has proved this.

                  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


                  • #39
                    Re: Help with CCJ. Arrow Global & Restons

                    Keep going as advised and you will find Reestons will either ask for a settlement before it goes to Court or they will discontinue. It's very rare for them to see things to the end.

                    NMNP.

                    Comment


                    • #40
                      Re: Help with CCJ. Arrow Global & Restons

                      Hi!

                      Sick, sick and more sick has delayed me somewhat!

                      Reply from 2nd letter to Restons received yesterday (sure they are messing with me!)

                      'In the absence of a formal request being made along with the appropriate fee (It was to Arrow, no reply, not cashed cheque) we and out client are under no obligation to provide the documents you have requested.

                      Should you fail to file a response to the claim within the timeframe stipulated by the court, we may request judgement is entered against you by default'

                      My defence (as I see it) is that they have failed to supply documents they are relying on in court. After a previous via request they sent an illegible credit agreement which I could not read. I asked for one that I could read, they simply issued court proceedings. Help me make that sound legal speak! Deadline tomorrow. 😤😤

                      Comment


                      • #41
                        Re: Help with CCJ. Arrow Global & Restons

                        Ps, you are all literally brilliant! Many a DCA must live in fear of forums like this!

                        Comment


                        • #42
                          Re: Help with CCJ. Arrow Global & Restons

                          Originally posted by willow6972 View Post
                          Reply from 2nd letter to Restons received yesterday (sure they are messing with me!)

                          'In the absence of a formal request being made along with the appropriate fee (It was to Arrow, no reply, not cashed cheque) we and out client are under no obligation to provide the documents you have requested.

                          Should you fail to file a response to the claim within the timeframe stipulated by the court, we may request judgement is entered against you by default'

                          My defence (as I see it) is that they have failed to supply documents they are relying on in court. 
                          They're just stating the obvious which is if you don't file a Defence by the court deadline they can get a Default Judgment. But you knew that anyway which is why you'll be filing it by 4pm tomorrow.

                          Did you send your CCA Request to Arrow by Royal Mail Recorded Delivery or at least with Proof of Posting? If you sent it before proceedings were issued Restons might not know that but it won't alter the fact you sent it to the creditor who is the one obliged to comply. It's clear they received it because they responded by sending you an illegible document and no Ts & Cs from what you say.

                          Im sorry you've been sick - I hope you're feeling better now

                          Di
                          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                          This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                          Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                          Comment


                          • #43
                            Re: Help with CCJ. Arrow Global & Restons

                            Hello!

                            Yes, was sent 26th September, recorded delivery. I've used the template, changed documents etc. I've also added a point about s61(1), failure to supply a legible agreement.

                            All ready to go, I think.

                            Comment


                            • #44
                              Re: Help with CCJ. Arrow Global & Restons

                              Why not ask someone to check your draft Defence before you file it.

                              I've read back through your thread and can see this was an MBNA credit card opened in 2005 but I can't see anything which says when you last made a payment towards it.

                              How much is this claim because that can sometimes give an indication of what lies ahead?

                              Did you ask Restons for a copy of the DN?

                              Di
                              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                              This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                              Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                              Comment


                              • #45
                                Re: Help with CCJ. Arrow Global & Restons

                                I've not made myself very clear- I sent a further request to Arrow when I sent Restons the CPR request. They've just ignored me.

                                - - - Updated - - -

                                I've made a payment within 6 years
                                3k

                                DN? haha

                                Comment

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