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Restons / Arrow Global CCJ

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  • Restons / Arrow Global CCJ

    Hello,

    so on the 5th Feb 2014 Reston on behalf of Shop Direct submitted a CCJ against me.

    I acknowledged it online on the 19th and on the same day sent a CPR 31.14 request, a CCA and SAR to the applicable companies.

    On the 22nd I received a response from Restons to my CPR 31.14 request, please see below.

    Dear Mrs Hindes.

    We acknowledge receipt of your recent request, made pursuant to CPR 3114

    CPR 31.14(1) states: "A party may inspect a document mentioned in:

    (a) a statement of case
    (b) a Witness Statement
    (c) a witness summary
    (d) an Affidavit"

    The documents you have requested are not mentioned in our Particulars of Claim and therefore CRP31.14(1) does not apply. Furthermore, we respectfully point out that the proceedings in this instance were issued via the County Court Bulk Centre which is a procedure specifically provided for in the CPR.
    paragraph 5.2a of Practice Direction 7e states that the requirement in Paragraph 7.3 of Practice Direction 16 for documents to be attached to the Particulars of Contract Claims does not apply to claims started using an on-line claim form, unless the Particulars of Claim are served separately in accordance with Paragraph 5.2 of this Practice Direction.

    We trust this clarifies our positions.

    Then on the 25th Feb (today) I received a response letter from Arrow Global (CCA request), whom have returned my £1 Postal Order.


    Dear...

    We thank you for your recent letter and acknowledge your request for documentation pursuant to the Consumer Credit Act 1974.

    We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert n due course.

    We confirm that all collection activity will be suspended pending provision of the documents.

    We return the payment of £1.00.




    Please help, I have no clue what next.
    Tags: None

  • #2
    Re: Restons / Arrow Global CCJ

    So you have two current claims against you at the moment, urgghhhh, I don't envy you on that.

    Could you type up the particulars of claim on this one please.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Restons / Arrow Global CCJ

      Yes unfortunately, though I don't think this one is SB, and it is £1k a lot less than the Lloyds one, so I was thinking of accepting this one, agreeing to a monthly payment, but fight the Lloyds one, as that is a lot more and I am 99% it is SB.

      Sorry to seem dim, what info do you need for this one? Its a catalogue, Shop Direct, CCJ issued by Reston's on the 5th, and I acknowledged it on the 19th and sent the requests off on the 22nd.

      Comment


      • #4
        Re: Restons / Arrow Global CCJ

        The Particulars of Claim from on the front of the claim form the court sent you. Just to confirm what they did and didn't mention for the CPR request.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Restons / Arrow Global CCJ

          Particulars of Claim:
          The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Shop Direct dated on or about 01/07/2002 and assigned to the Claimant on 13/05/2011 in the sum of 1034.70

          PARTICULARS a/c no. xxxxxxx

          Date/item/value
          30/10/2013 Default Balace 1034.70 Pist Refrl Cr NIL

          TOTAL:- 1034.70

          Comment


          • #6
            Re: Restons / Arrow Global CCJ

            Sorry to bump..any help would be appreciated.. xx

            Comment


            • #7
              Re: Restons / Arrow Global CCJ

              Are Arrow global the claimant ?

              What is the signature on the claim form ?

              M1

              Comment


              • #8
                Re: Restons / Arrow Global CCJ

                Hi.. thanks... the signed line on the bottom is 'Reston Solicitors'

                Comment


                • #9
                  Re: Restons / Arrow Global CCJ

                  That's helpful

                  What about the claimant ?

                  M1

                  Comment


                  • #10
                    Re: Restons / Arrow Global CCJ

                    its signed as claimants solicitor

                    Comment


                    • #11
                      Re: Restons / Arrow Global CCJ

                      Top left it tells you who the claimant is. It won't be the solicitor.

                      M1

                      Comment


                      • #12
                        Re: Restons / Arrow Global CCJ

                        Hi.. the Claimant is Arrow Global

                        Comment


                        • #13
                          Re: Restons / Arrow Global CCJ

                          So the don't want to be the creditor for the cca request but do for the court claim lol.

                          I'll be back later for this.

                          M1

                          Comment


                          • #14
                            Re: Restons / Arrow Global CCJ

                            Yes please, and thanks a mill x

                            Comment


                            • #15
                              Re: Restons / Arrow Global CCJ

                              Ok write back to arrow global and tell them they are the creditor as per http://www.bailii.org/ew/cases/EWHC/QB/2012/2402.html and that if they continue to disagree then that would make you question their locus standi in the claim.

                              Write to Restons and ask that they replead their case as their is insufficient pleadings to clearly outline the case against you and that in any case a firm may not sign the particulars of claim it must be the partcular employee of the firm who does so. Should they not rectify this within 7 days you will apply to have the claim struck out.

                              M1

                              Comment

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