Help needed please Restons CCJ Threat

[Anne34]

Hi There,

Im hoping for some advice on what to do next...

Received a claim? Yes
Issue Date: 28th June
Amount approx: 5000
Claimant: Arrow Global Ltd
Solicitor: Restons Solicitors
Original Creditor: HSBC
Particulars of Claim: Please type out in full excluding names/account numbers: Overdue balance due under a contract with HSBC dated on or about xx June 2006 assigned to the claimant xx June 2014
Is the debt Statute Barred? No
List any letters you have sent: CPR18 / CCA
Any Other Info: I have received a response from Restons with ref CPR 18 request but nothing from Arrow about CCA as yet. My letters were sent following receipt of the Claim from Northampton CC.
I will attach my response from Restons - I am looking for advice as to where I stand / what to do next please...

[Amethyst]

Re: Help needed please Restons CCJ Threat

Hi Anne,

Is this an overdraft account with HSBC, and does it include any credit cards / loans that have been wrapped up into it ? Did you send a CPR 31 request as well as the Part 18, or just the Part 18 ? The POC only mentions the contract but the CPR 31 request would be a way of getting that as opposed to the Part 18 questions.

Presumably you have already acknowledged the claim ? ( if not, get that done )

[Anne34]

Re: Help needed please Restons CCJ Threat

Thank you for your quick reply.
It is for credit card only. I have not sent a CPR31 request, just CPR18.
Should I now send the CPR31? If so, is there a template I could use?
Yes, sorry I acknowledged the claim straight away defending it (although not submitted my defence as yet).

[Amethyst]

Re: Help needed please Restons CCJ Threat

Your defence won't be due till 25th odd of July so you have time, the CPR request is http://legalbeagles.info/library/gui...-of-documents/ - you can only ask for the contract really, but can put Notice of Assignment on there as they have mentioned assignment. The CCA request is the important one for the agreement as it is a credit card, but it is good to have both requests in to show court later that they have had every opportunity to comply.

Was the CCA request standard with a £1 payment ?

[Anne34]

Re: Help needed please Restons CCJ Threat

Thank you - I will send the CPR31 tomorrow, I have had a look at it - can you please confirm the claimants address i need to add would be Arrow but the letter itself sent to Restons, is this right?
Do I send another copy of the CCA request to them as per the bottom of the request as I have already sent them a copy?
I did send the CCA request to Arrow with a £1 postal order. I have proof of delivery to arrow via royal mail recorded they have not responded to date.
Sorry for so many questions just want to ensure I do it right!

[Diana M]

Re: Help needed please Restons CCJ Threat

What direct questions did you ask in your Part 18 letter?

What deadline did you give them for response because Restons will know that in order to force disclosure under Part 18 you would need to make an Application to court hence the contents of their letter? They would probably expect a Litigant in Person not to know how to follow through Part 18.

Part 18 and CPR 31.14 Requests are very different legal animals.

Is the Claimant Arrow Global Ltd (as per your first post) or Arrow Global (Guernsey) Ltd. There's a big difference between the two.

You need to send a Subject Access Request to HSBC to get the full history of the credit card account.

Di

[Anne34]

Re: Help needed please Restons CCJ Threat

Hi Di,

Main body of my CPR18 request below:

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Please treat this letter as my Preliminary Request for further information made, under CPR Part 18 for the following, including any documentation mentioned within the particulars of Claim, for which I request the production of a verified and legible copy please accept this request by way of Service upon You:

1.The agreement, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate by reason of the provisions of CPR 39.a (3.3) requires The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial. Further, that any general conditions incorporated in the contract should also be attached.

2. The deed of assignment.
3. All notices of assignment.
4. The default warning letter.
5. The default notice.
5.1 Termination Notice.

6. I deny any indebtedness to the Claimant and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.

7. Also, I would request under Civil Procedure Rule 39 PD 39a (3.3) the originals of any documents upon which you, the claimant intends to rely, are brought to any subsequent hearing for examination

You should ensure compliance with your CPR 18 duties and ensure that the information I have requested is collated and received by me within 14 days of receiving this letter. Failure to produce the information requested will result in an Application to the Court to order the information be provided.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.



The claimant is Arrow Global Ltd.

What is a subject access request??

Thanks

[Anne34]

Re: Help needed please Restons CCJ Threat

Hi Ladies,
Hoping you won't mind helping me a bit more?
have received responses from arrow and restons with re cca request and cpr31. They have gone back to OC for a copy of cca, am wondering what I need to do next aside from file a defence?

[charitynjw]

Re: Help needed please Restons CCJ Threat

What is a subject access request??

SAR

http://legalbeagles.info/library/guides_and_letters/court/subject-access-request/

Goes to the original creditor (HSBC?) with a £10 fee.

[Anne34]

Re: Help needed please Restons CCJ Threat

I am struggling to upload copies of letters can anyone tell me the best way please?

[warwick65]

Re: Help needed please Restons CCJ Threat

If you can't upload them you can email to either kati@legalbeagles.info or admin@legalbeagles.info

Put a link to your thread in the email

[warwick65]

Re: Help needed please Restons CCJ Threat

Hi Anne

Yes the nest move I guess is file your defence but leave it until the last minute ( or day) in case they send the agreement

If the date on the claim form is 28th June you have 33 days to file your defence so that takes you to 31st July which is a Monday- so 4pm on that date.

If you get any letters from Restons saying they have received your defence beforehand come back here and yell very loudly

You might want to check MCOL to see the status of the claim - always worth keeping an eye on


Just for the record - did you get the initial advice from GOODF?
They wrongly advised to send CPR 18 requests and not CPR 31.14 requests but as Restons rightly point out Part 18 requests need to be specific and relevant - not just fishing expeditions

Restons are not very nice people so you don't believe them if they say things like your account is on hold - follow the court process

[Anne34]

Re: Help needed please Restons CCJ Threat

If you can't upload them you can email to either kati@legalbeagles.info or admin@legalbeagles.info

Put a link to your thread in the email

Thank You - I have sent them to admin email

[Anne34]

Re: Help needed please Restons CCJ Threat

That's great - thank you!
Will have a look on MCOL.
I didn't get advice initially I read a lot of posts on various forums from which I got the impression the cpr 31 was for £10K +

[warwick65]

Re: Help needed please Restons CCJ Threat

Technically cpr31. 14 is for fast and multitrack claims but the claim isn't allocated until after the defence is entered and the DQ is sent out and returned. So when you receive a claim it's OK even though some solicitors will try to bamboozle you