restons and arrow global claim form recieved

[Vircoa]

hi all,

I've just got home now and have received a claim form from restons. Particulars of which are as follows

the claimant claims the payment of the over due balance due from the defendant under a contract between the defendant and MBNA.
dated on or about 06/06/2007. and assigned to the claimant on the 20/12/2011 in the sum of 1296.71.

particulars a/c no:-
date item value

this is the first I have heard from restons since sending them a letter asking for proof of the account a few month back.

I've tried to log on to acknowledge service from the court, but I am unsure that if I do this does his mean that I am going to have to let the courts decide or can I admit liability and settle out of court if they can provide enough proof?

Can I defend the claim based on the fact they haven't provided me with any documentation about the account when requested (this wasn't a CCA request just a prove it letter) ?

also what is the best way to approach this as I have never been in this situation before?

thanks in advance you lovely people!!

[Vircoa]

Re: restons and arrow global claim form recieved

Hi Again so after a bit of panic and a bit of reading around, I have acknowledged service. and prepared a CCa Request to be posted to arrow global In the morning and a S31.14 to go to restons as well. hopefully they wont have enough documentation to obtain a judgment against me.

wish me look folks and any advise will be gratefully accepted :doggieyes:

[Vircoa]

Re: restons and arrow global claim form recieved

So letters have been sent just now both signed for delivery to arrive over the next few days any advise on what to expect back from these guys?

[Kafka]

Re: restons and arrow global claim form recieved

hi all,

this is the first I have heard from restons since sending them a letter asking for proof of the account a few month back.

Can I defend the claim based on the fact they haven't provided me with any documentation about the account when requested (this wasn't a CCA request just a prove it letter) ?

thanks in advance you lovely people!!

Had you sent a formal request under CCA that would have prevented them taking legal action before complying, but if was only a casual request I don't think that will help you.

[Vircoa]

Re: restons and arrow global claim form recieved

No this wasn't a formal request but I have sent one this morning. Along with a CPR31.14. Hopefully they don't have the documents to substantiate the claim. If they do can I settle out of court and avoid a ccj, or has it gone too far now?

[Kafka]

Re: restons and arrow global claim form recieved

In my experience, once they have filed at court you won't get much help with an out-of-court settlement. A possible way would be if you could offer to clear the whole lot within a month or two, but usually they would expect the full amount even if a lot of it is charges. The time for negotiating reduction and so on is unfortunately before they file.

[Vircoa]

Re: restons and arrow global claim form recieved

That's what I was expecting but it's not a big issue I do have the funds available to settle if needs must, I am still waiting for a response from them with regards to my letters sent yesterday so hopefully will hear by Monday or Tuesday to the s32 and hopefully arrow will not be able to comply with the CCA request leaving it in enforceable.

Do you know if I get this struck out does the clock reset with regards to it being SB?

[Kafka]

Re: restons and arrow global claim form recieved

If the account was actually started in June 2007 then you might struggle with CCA non-compliance because it should fall under the new Act where that doesn't apply.

Regarding Limitations, you still haven't said when you last paid or formally acknowledged this. If it is only 7 years old, have you really not done either of those things in the 6 years before the claim was filed?

If it gets struck out its unlikely anyone else would try I suspect, but that would depend on the grounds for strikeout and right now I haven't seen what they would be.

[Vircoa]

Re: restons and arrow global claim form recieved

So would I be correct in saying I can't defend of the grounds of non compliance with a CCA request?
Would there be anything else I could defend on or would you say it's best to take a hit, pay up and move on?

The last payment according to restons was in December 08, and no acknowledgement since so not quite stat bared

[Kafka]

Re: restons and arrow global claim form recieved

I need to check out the CCA issues first

[Vircoa]

Re: restons and arrow global claim form recieved

It looks like this could have been a major bit of ignorance on my part, I have been reading and have seen that any accounts taken out after April 2007 seem to be exempt from this due to the changes made in 2006 to the CCA.

surely though, after requesting information from them and the particulars of claim stating the claim is based on the contract, they would need to produce this, as with out this there statement of truth would be incorrect, the claim not being backed up by documents, and making it impossible for me to defend?


What would you advise I do on this?

also thanks for your advise so far

[Kafka]

Re: restons and arrow global claim form recieved

Yes that's right and you are entitled under CPR31 to see any documents that they refer to in the POC. The separate CCA request is normally specifically so that you can challenge them over non-compliance where that would default the claim (before April 2007).

I also noticed that the POC refers to "a contract between the defendant and MBNA dated on or about 06/06/2007. " This suggests to me that they don't have a copy and are going on vague info they've been given. That date is also only 2 months after the law changed. I'm thinking that if they can't produce the agreement then you might also argue that they can't use the new Act because it might have been started under the old one. It depends what other paperwork they might have as well.

[Kafka]

Re: restons and arrow global claim form recieved

One thing we haven't touched in this thread is a counterclaim, and there will surely be a lot bogus charges added on by MBNA and possible since. if you know them you can counterclaim along with your defence and even if they win judgement you might get the balance reduced accordingly. Remember that if you settle the judgement in full within 30 days (I think) then you can apply to have the CCJ removed completely. If you are able to settle that even if you lose then you won't get stuck with it.

If you don't have details of the charges you will need to send SAR to MBNA, but as they have 40 days for compliance you might not get that in time, unless you can seek an extension for your defence due to their non-compliance. In future, when you get a DCA on your case, send SAR to the original creditor to see excatly what data they hold, because that's all the DCA will have access to as they rarely hold anything they are supposed to have.

[Vircoa]

Re: restons and arrow global claim form recieved

Unfortunately I have no information on the charges to this account so doubt I will have time to get this before the cut off do you think that 2 months is close enough to contest as to Which act this would be governed under?

Thanks

[Kafka]

Re: restons and arrow global claim form recieved

Charges on regulated agreements are unlawful if the charges applied exceed the genuine costs of dealing with defaulting. That's the basis for reclaiming penalty charges and is supported by common law, statute and regulator instructions. It no longer applies to bank charges though, since the test case a few years ago.

If it looks like you will lose the fight because you don't have enough to win, then a counterclaim can help to reduce the amount of the judgement if you are successful with it.