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Arrow / Restons vs Fish69

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  • Arrow / Restons vs Fish69

    arrow / reston vs fish69
    received claim 9/11/16
    submitted defence 7/12/16
    CPR to reston 21/11/16
    CCA to arrow 21/11/16
    Claim stayed (no response from restons) end feb 17
    I assume the claim was stayed sometime towards the end of February.
    CCA reply from reston 12/04/17 with application form dated 22/3/04, reston requesting I withdraw defence.

    Hi, I am part way through this claim after completing the above steps, the claim was stayed sometime in February, I have now received a letter from restons / arrow in response to my CCA, they have supplied one single A4 page Credit Card Application.
    I am after advice on the correct response, bearing in mind this is a pre April 8 2007, I have read a couple of threads and their replies, but nothing that recent. if you could point me in the right direction I would be much appreciative.

    thanks Fish 69
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  • #2
    Re: Arrow / Restons vs Fish69

    Originally posted by Fish69 View Post
    arrow / reston vs fish69
    received claim 9/11/16
    submitted defence 7/12/16
    CPR to reston 21/11/16
    CCA to arrow 21/11/16
    Claim stayed (no response from restons) end feb 17
    I assume the claim was stayed sometime towards the end of February.
    CCA reply from reston 12/04/17 with application form dated 22/3/04, reston requesting I withdraw defence.

    Hi, I am part way through this claim after completing the above steps, the claim was stayed sometime in February, I have now received a letter from restons / arrow in response to my CCA, they have supplied one single A4 page Credit Card Application.
    I am after advice on the correct response, bearing in mind this is a pre April 8 2007, I have read a couple of threads and their replies, but nothing that recent. if you could point me in the right direction I would be much appreciative.

    thanks Fish 69
    Good morning @Fish 69,

    Is that application form all that you have received?

    If this is all they have to rely on I think they may have problems, there's no terms and conditions and if this is an attempt at providing a "reconstituted " agreement it needs two sets of T's & C's one relevant when the account was opened and on set relevant when the account was closed + any other documents mentioned in the T's & C's.

    This dates from 2004 so the actual agreement is needed.

    When did payments cease, and when was the account defaulted?

    If you respond it should be short and to the point e.g. " you do not consider that the document provided meets the requirements of CCA 1974 and suggest that Restons advise it's client to discontinue the claim".

    nem

    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 you'd like me to look at your post 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


    • #3
      Re: Arrow / Restons vs Fish69

      Hi Nem, thanks for the response,
      Yes they have only sent that one a4 page document, they have sent absolutely nothing else to either the CPR to restons or the CCA to arrow requests, at the moment they seem to be hoping I will withdraw my defence because they have produced the one document.

      Payments would have stopped sometime in 2009/ I'm unsure about the default.
      It dropped off my noddle account in the autumn of last year, so there are no details on noddle.

      I did mention in my defence that it was statute barred.

      regards lee

      Comment


      • #4
        Re: Arrow / Restons vs Fish69

        Originally posted by Fish69 View Post
        Hi Nem, thanks for the response,
        Yes they have only sent that one a4 page document, they have sent absolutely nothing else to either the CPR to restons or the CCA to arrow requests, at the moment they seem to be hoping I will withdraw my defence because they have produced the one document.

        Payments would have stopped sometime in 2009/ I'm unsure about the default.
        It dropped off my noddle account in the autumn of last year, so there are no details on noddle.

        I did mention in my defence that it was statute barred.

        regards lee
        Hello Lee,

        Stick to your guns and don't tell the to much.

        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 you'd like me to look at your post 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


        • #5
          Re: Arrow / Restons vs Fish69

          Thanks nem

          Comment


          • #6
            Re: Arrow / Restons vs Fish69

            Originally posted by Fish69 View Post
            they have only sent that one a4 page document, they have sent absolutely nothing else to either the CPR to restons or the CCA to arrow requests, at the moment they seem to be hoping I will withdraw my defence because they have produced the one document.

            Payments would have stopped sometime in 2009/ I'm unsure about the default.
            It dropped off my noddle account in the autumn of last year, so there are no details on noddle.

            I did mention in my defence that it was statute barred.
            It appears from that application form which you uploaded that you applied for the M&S &More credit card account in store. Is that right? This could cause them some difficultly if they try to say the Ts & Cs would have been on the reverse.

            It also appears that you entered your partner's details so was he/she an Additional Card Holder?

            You've blanked out what seems to be your signature in the section agreeing to Payment Protection. Did you have PPI on this account?

            If you're worried that they may make an Application to lift the stay then send a Subject Access Request to Marks & Spencer to get the full history of the account. That way you'll be one step ahead of them.

            How much is this claim so you can try to assess whether they'll have a go at continuing with the proceedings?

            You've no need to reply to Restons letter since the claim has been stayed. They won't discontinue if you ask them.

            Less is more with litigation. You don't have to reply to every letter you get from the opposition.

            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

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