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  • GUIDES & LETTERS

    Shortcuts for Consumer Credit Court Claims.

    Check your dates || PRE-ACTION || First Steps || Acknowledge a Claim || Guides || Example Defence || CCA Request Letter || CPR 31.14 Request Letter || Set Aside Application || Subject Access Request Letter

    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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Hi My girlfriend received a Claim Form from Arrow Global/ Restons

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  • Hi My girlfriend received a Claim Form from Arrow Global/ Restons

    Sheregistered online and sent theAcknowledgement of Service stating her intent to defend the fullclaim.

    She
    sentout a CPR31.14 request letter.

    The debt seems to originate in1997 but my partner has no records or recollection of never repayinga debt.

    She has had no notification or balances sent to her until this year.
    Attached Files
    Tags: None

  • #2
    Re: Hi My girlfriend received a Claim Form from Arrow Global/ Restons

    Hi Trainoid, welcome to LB.

    Imho, the main content of the CPR letter is ok but it should be via CPR 31.14, not CPR 18.
    CPR Part 31 is specifically for disclosure & inspection of documents, & is used to obtain documents stated in the Particulars of Claim.
    CPR 31 - https://www.justice.gov.uk/courts/pr...l/rules/part31
    Example letter - http://legalbeagles.info/forums/show...ic-information
    This is sent to the Claimant's solicitor.
    No fee is required.

    As the alleged debt is for a regulated credit card agreement, the Consumer Credit Act (CCA) is applicable.
    A CCA s78 request may help to protect your legal position. Non-compliance with the request after 14 working days means that the creditor (Claimant) cannot enforce the agreement unless/until they do comply.
    A fee of £1 is payable with the request. (We would suggest a postal order).
    This is sent to the Claimant.
    Example letter - http://legalbeagles.info/forums/show...y-of-Agreement
    A copy of this should be enclosed with the CPR 31.14 request to the solicitors for informational purposes. (No fee with this one).

    It is also very useful to SAR the original creditor (NewDay Ltd) for all data held.
    A fee of £10 is normally chargeable.
    Example letter - http://www.legalbeagles.info/forums/...quest-template
    From the NewDay website.....
    ....you can make a request by writing to Customer Services Team, NewDay Ltd., PO Box 700, Leeds LS99 2BD. A fee is payable.
    Keep copies of all correspondence & always obtain proof of posting.

    Your defence, due 33 days from the claim issue date (unless they agree to the 28-day extension...see CPR 31.14 request), will need to reflect the fact that the 14 day window for CCA request compliance is pending if they have not sent documentation by then.
    Last edited by charitynjw; 15th May 2017, 02:30:AM.
    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: Hi My girlfriend received a Claim Form from Arrow Global/ Restons

      Thanks I'll get on with the cca request...
      What about using a statue barred defense against the claim...we checked her credit file and there was nothing outstanding apart from this arrow default which started this year in January... there is an old Newday ltd account which was paid up but showing a later date than the one claimed with a different acc no.

      Comment


      • #4
        Re: Hi My girlfriend received a Claim Form from Arrow Global/ Restons

        Certainly, if you think that SB is possible, make mention of it in your defence statement.

        The SAR should shed some light, & you may be able to obtain bank records (for a modest fee) for the relevant period.
        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: Hi My girlfriend received a Claim Form from Arrow Global/ Restons

          going to attempt to draft a defense online there is no payments or correspondence been sent from my partners end for at least 15 years, I sent the cca and the £1 fee to Arrow.
          Its all a bit confusing for me as I'm a construction worker and my girlfriend is ill at the moment with a Ulcerative Colitus flare up, so I'm trying to help her remotely after work.
          I'm going to put
          1. The Claimant is put to strict proof that the claim is not statute barred by the operation of s5 of The Limitation Act 1980 as the Defendant believes that s/he has not made payments on this account for more than 6 years


          2. The Defendant contends that as this is a claim in contract and an excess of 6 years have passed since any cause of action may have accrued, any alleged debt is therefore statute barred pursuant to section 5 of the Limitation Act 1980.
          The Claimant's claim to be entitled to payment of £xxx or any other sum, or relief of any kind is denied.



          What do you think?
          Ive got a couple of days left I think as the original claim was dated 21/4/17 I responded on her behalf on the 5/5/17 to the claim court

          Comment


          • #6
            Re: Hi My girlfriend received a Claim Form from Arrow Global/ Restons

            Is that all you're going to submit?
            Have you seen the defence example, top of this thread? (Green box).
            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

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