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Arrow Global/Restons Solicitors - County Court Claim send to deceased person

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  • #16
    Re: Arrow Global/Restons Solicitors - County Court Claim send to deceased person

    Thank you, so everything has been sent recorded to Arrow, Restons and the Court as per your advice, Diana. What would next steps be now if I don't hear from them please, would the case just proceed anyway? Do I need to take the initiative in contacting them in finding out their next move?

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    • #17
      Re: Arrow Global/Restons Solicitors - County Court Claim send to deceased person

      Arrow have responded saying they have noted this information on their system, but no mention of instructing the solicitors to cancel the claim...

      Comment


      • #18
        Re: Arrow Global/Restons Solicitors - County Court Claim send to deceased person

        Originally posted by Inheritthewind View Post
        Arrow have responded saying they have noted this information on their system, but no mention of instructing the solicitors to cancel the claim...
        Maybe send a copy of that letter to Restons with a covering letter saying that their client acknowledges the Defendant is deceased so you invite them to a Discontinue the claim.

        Then write back to Arrow thanking them for their letter acknowledging that your Father-in-Law is deceased and ask them to instruct their solicitors to therefore Discontinue the claim. Enclose a copy of your letter to Restons with your letter to Arrow.

        I know that's a lot of letter writing but you want this knocked on the head as soon as possible so it's a chore worth doing.

        Alternatively if it does 'go legal' you will have laid a solid paper trail.

        Has the deadline for filing the AOS passed?

        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


        • #19
          Re: Arrow Global/Restons Solicitors - County Court Claim send to deceased person

          Originally posted by Inheritthewind View Post
          Arrow have responded saying they have noted this information on their system, but no mention of instructing the solicitors to cancel the claim...
          Just checking whether a s.78 CCA Request was sent to Arrow with copy to Restons as I previously suggested?

          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


          • #20
            Re: Arrow Global/Restons Solicitors - County Court Claim send to deceased person

            Hi Diana, thanks for your reply.

            -Maybe send a copy of that letter to Restons with a covering letter saying that their client acknowledges the Defendant is deceased so you invite them to a Discontinue the claim.
            Then write back to Arrow thanking them for their letter acknowledging that your Father-in-Law is deceased and ask them to instruct their solicitors to therefore Discontinue the claim. Enclose a copy of your letter to Restons with your letter to Arrow
            .
            Thanks, I’ll do that

            -Has the deadline for filing the AOS passed?
            The Form was issued on 5th April and I believe there’s 28 days to send the AOS, so I think there’s still time to return that. I’ve only sent the Defence so far.

            -Just checking whether a s.78 CCA Request was sent to Arrow with copy to Restons as I previously suggested?

            Not in my first round of correspondence as yet, I was hoping I wouldn’t need to do that as I was hoping they’d discontinue the claim first

            Comment


            • #21
              Re: Arrow Global/Restons Solicitors - County Court Claim send to deceased person

              If you've filed a Defence that will have been sent to Restons by the court who will give them 28 days to inform the court if they intend to continue with the proceedings or the claim will be stayed.

              You want it Discontinued not stayed so let's see how they respond to your follow-up letters.

              I would still send a CCA Request to add fuel to the fire if I were you even if the Defence was based on the fact that the Defendant is deceased.

              This is a surreal situation in which you find yourself.

              Di
              Last edited by Diana M; 23rd April 2017, 20:29:PM. Reason: corrected my bad grammar
              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


              • #22
                Re: Arrow Global/Restons Solicitors - County Court Claim send to deceased person

                CCA Request send Recorded delivery £1.00 Postal Order,

                Comment


                • #23
                  Re: Arrow Global/Restons Solicitors - County Court Claim send to deceased person

                  Thanks again for the continued advice, it's very much appreciated.

                  Just a quick question about the CCA Request; should this go to Arrow or Restons, or both?

                  Comment


                  • #24
                    Re: Arrow Global/Restons Solicitors - County Court Claim send to deceased person

                    It should go to Arrow ( but I would send a copy to Restons)

                    I am not up to speed on what arrow are doing at the moment but they used to write back saying they weren't the creditor

                    If they do that come back and the we can sort that out then

                    I think it is S189 CCA and the case law is Jones v Link but don't quote me on that

                    I have been on the wagon for a week and have fallen off (deliberately) tonight hic
                    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
                    I have no formal legal training
                    Any advice is offered without liability
                    If in doubt take professional legal advice or contact the CAB

                    Comment


                    • #25
                      Re: Arrow Global/Restons Solicitors - County Court Claim send to deceased person

                      Thanks. We've not heard anything back from Arrow or Restons as yet. I've signed in to the MoneyClaim website and looked this up, and even though I've sent all this correspondence to the various parties, it doesn't seem to have registered on the website at least that we have made a Defence. Is it worth me registering this online as well do you think?

                      Comment


                      • #26
                        Re: Arrow Global/Restons Solicitors - County Court Claim send to deceased person

                        Hi, we've had a letter from Phillips & Cohen Associates UK Ltd., advising Arrow Global Limited have asked them to manage this account. They've asked for somebody to contact them to provide details regarding the Estate or to advise if there was no Estate.
                        We've had nothing back on the CCA Request.
                        I was thinking of writing to them and advising we have had no response from Arrow to our CCA request, would this be a good idea? Any other suggestions please?
                        Thanks again.

                        Comment


                        • #27
                          Re: Arrow Global/Restons Solicitors - County Court Claim send to deceased person

                          Hi
                          So it looks as if they have realised there is no point in continuing with the claim - although just my thought

                          I would be a little more circumspect and maybe say you are still evaluating the position. You might want to add you do not think there are any funds available I wouldn't want to give them an idea they may be getting something
                          [MENTION=87380]Diana M[/MENTION]
                          Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
                          I have no formal legal training
                          Any advice is offered without liability
                          If in doubt take professional legal advice or contact the CAB

                          Comment


                          • #28
                            Re: Arrow Global/Restons Solicitors - County Court Claim send to deceased person

                            Originally posted by warwick65 View Post
                            Hi
                            So it looks as if they have realised there is no point in continuing with the claim - although just my thought

                            I would be a little more circumspect and maybe say you are still evaluating the position. You might want to add you do not think there are any funds available I wouldn't want to give them an idea they may be getting something
                            @Diana M
                            Just a thought, send a letter advising change of addrees for your Father in Law, mentioning heaven or hell as new address.

                            Comment


                            • #29
                              Re: Arrow Global/Restons Solicitors - County Court Claim send to deceased person

                              Originally posted by spirit2534 View Post
                              Just a thought, send a letter advising change of addrees for your Father in Law, mentioning heaven or hell as new address.
                              care of St. Peter @ The Pearly Gates & ask them if they know a known cure for Leeeches

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