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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.



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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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  • Help with CCJ. Arrow Global & Restons

    Hello,

    I'm really I need of some guidance. I've been (trying) to deal with Restons and Arrow Global over a very old MBNA credit card account (2005.)

    Over the past 7 months or so I have been writing to both Restons and Arrow, requesting credit agreements, notice of assignment etc etc. I have eventually been sent a copy of a signed credit agreement, however I just can't read it. It is totally illegible. Wrote back to Arrow telling them this, and pointed out that this would constitute an improperly executed credit agreement and asked for a clear copy to be sent. This was early August, I've heard nothing.....until yesterday, when I have received CCJ papers. I intend to try and defend this, but have no real idea what to do next. I have acknowledged receipt. PLEASE HELP!!
    Tags: None

  • #2
    Re: Help with CCJ. Arrow Global & Restons

    Hi willow6972 & welcome to LB

    I have been writing to both Restons and Arrow, requesting credit agreements, notice of assignment etc etc.
    Did you send CCA & CPR 31.14 requests?

    When did you last pay into the account or acknowledge it in writing?
    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


    • #3
      Re: Help with CCJ. Arrow Global & Restons

      Thank you for replying I have sent CCA request, resulting in the credit agreement being sent, that's all so far

      Comment


      • #4
        Re: Help with CCJ. Arrow Global & Restons

        Ok.
        I added another question; perhaps you missed it.
        Btw, did they also send the T&Cs (originals plus any variations) & a signed statement of the account?
        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


        • #5
          Re: Help with CCJ. Arrow Global & Restons

          Sorry, yes, I've paid over the last couple of years or so. No, it was just the credit agreement. It shows my address, signature and is dated. It's impossible to read any of the terms or make out any other details.

          Comment


          • #6
            Re: Help with CCJ. Arrow Global & Restons

            Another question; was there PPI attached?
            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


            • #7
              Re: Help with CCJ. Arrow Global & Restons

              No, the box for PPI wasn't signed.

              Comment


              • #8
                Re: Help with CCJ. Arrow Global & Restons

                If it were me I'd also send a CPR 31.14 letter to the Claimant's sols (example at top of the thread) - no fee required, but keep a copy & get proof of postage (SignedFor post is good).
                Did you get proof of postage for the CCA request & pay the £1 fee?
                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


                • #9
                  Re: Help with CCJ. Arrow Global & Restons

                  I will get on that today. So, that's going to Restons? What about filing defence? The date on the court papers is the 14th September, (who knows were they have been until yesterday) do I wait for Restons to reply or go ahead?

                  Yes, I paid £1 and had a letter back from Arrow saying they'd received my request.

                  Thanks so much for your help.

                  Comment


                  • #10
                    Re: Help with CCJ. Arrow Global & Restons

                    If you've acknowledged the claim via MCOL you have time for the defense 33 days from date on claim form, CPR to Renstons and as Charity said no fee required, if you sent the CCA request before the action started send another request same as before £1 postal order recorded delivery and marked statutory fee only... and this will make up part of your defense ...

                    Comment


                    • #11
                      Re: Help with CCJ. Arrow Global & Restons

                      I have sent the CPR request and the CCA requests off. I just wanted to ask, on the particulars of claim, its says that they are claiming for 'the overdue balance under a contract between the defendant and MBNA, dates on or about xxxxx and assigned to the claimant on xxxxxx.

                      Was I right to request the contract/agreement and the notice of assignment? Should I have requested anything else?

                      Comment


                      • #12
                        Re: Help with CCJ. Arrow Global & Restons

                        Via CPR 31.14 you can only ask for disclosure of any documents mentioned on the PoC, although you can request specific disclosure of documents not listed using other CPR.
                        Did they mention 'default' at all on the PoC?
                        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


                        • #13
                          Re: Help with CCJ. Arrow Global & Restons

                          further to what I've already posted it goes on to say...

                          PARTICULARS A/C NO XXXXXXXXXXXXXX
                          DATE ITEM VALUE
                          earlier on this year Default balance £xxxx.xx

                          Comment


                          • #14
                            Re: Help with CCJ. Arrow Global & Restons

                            Could you post a copy of the PoC, or type it verbatim? (sanitize any personal data)
                            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


                            • #15
                              Re: Help with CCJ. Arrow Global & Restons

                              [IMG]IMG_7330[/IMG]

                              Comment

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