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Reston/Arrow/MBNA V 1vinnie.

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  • #16
    Re: Reston/Arrow/MBNA V 1vinnie.

    Anti-tamper strip - c/p onto your letters.

    Btw, the extension of time request is in the CPR letter.
    Attached Files
    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


    • #17
      Re: Reston/Arrow/MBNA V 1vinnie.

      Originally posted by 1vinnie View Post
      I just need to make sure of a few things before i print off and send letters.
      CCA to Arrow with PO with stat fee only on it. I put 16 digit account number as ref as thats what the particulars a/c says.
      The CPR31.14 request to Restons with contract and assignment documents. Also a copy of the CCA request i sent to Arrow.Also in with that letter is a letter asking for an extension of time as mentioned by ROb.
      Do i also sign all the letters and can/do i put a box round the signature to stop the photocopying my sig or is that going overboard.
      Thank once again for your great advice and help.
      I would just refer to the agreement from which the alleged debt arises. No account number.


      CPR and Request for Extension same envelope nothing else with CPR no need to copy in the CCA request.


      nem

      There really is no need not to sign either request the lifting of signature is really urban myth.

      Comment


      • #18
        Re: Reston/Arrow/MBNA V 1vinnie.

        This morning i got a reply from Restons and to me it dosen't look good or they are trying it on with me. I have scanned the letter to show you.
        I followed ROb's advice and asked for contract and assignment as that was what was in the Particulars but Restons have said they do not have give these to me. I also sent a letter asking for an extension but this was not replied to. On the back of the letter it said they will seek advice from Arrow for the CCA request. The CCA request was sent to Arrow on the same day but as of 11:45AM today it has not been delivered/signed for.

        - - - Updated - - -

        I thought i attatched the scanned copy but it never uploaded so i hope it is this post.
        Attached Files

        Comment


        • #19
          Re: Reston/Arrow/MBNA V 1vinnie.

          Standard letter from Restons I think, Can draft up something later in response.
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

          Comment


          • #20
            Re: Reston/Arrow/MBNA V 1vinnie.

            Originally posted by 1vinnie View Post
            This morning i got a reply from Restons and to me it dosen't look good or they are trying it on with me. I have scanned the letter to show you.
            I followed ROb's advice and asked for contract and assignment as that was what was in the Particulars but Restons have said they do not have give these to me. I also sent a letter asking for an extension but this was not replied to. On the back of the letter it said they will seek advice from Arrow for the CCA request. The CCA request was sent to Arrow on the same day but as of 11:45AM today it has not been delivered/signed for.

            - - - Updated - - -

            I thought i attatched the scanned copy but it never uploaded so i hope it is this post.
            Hi,

            Standard Restons reply when they don't have any documents.

            I would remind them in writing that their reason for not complying is unacceptable as CPR31 .14 applies until the claim is actually allocated to the SCT. Inform them that the matter will be brought to the notice of the court.

            nem

            Comment


            • #21
              Re: Reston/Arrow/MBNA V 1vinnie.

              Thank ROb and nem for the replies.
              I think i may have made an error in the CCA request to Arrow Global Guernsey.
              I have just been checking to see if the signed for letter has been delivered and signed but it still says proccessing through system. I have done some googling and it appears thet i may have the CCA request to a defunct company or address. If you look at the court claim it says claiment as Arrow Global Guernsey Limited and their details in Guernsey. I have taken that as the company address to send the signed for CCA as its on the court papers.
              Have i made a mistake or will that letter be past onto their other addresses in London or Manchester?
              I have got a panic on now.

              Comment


              • #22
                Re: Reston/Arrow/MBNA V 1vinnie.

                Originally posted by 1vinnie View Post
                Thank ROb and nem for the replies.
                I think i may have made an error in the CCA request to Arrow Global Guernsey.
                I have just been checking to see if the signed for letter has been delivered and signed but it still says proccessing through system. I have done some googling and it appears thet i may have the CCA request to a defunct company or address. If you look at the court claim it says claiment as Arrow Global Guernsey Limited and their details in Guernsey. I have taken that as the company address to send the signed for CCA as its on the court papers.
                Have i made a mistake or will that letter be past onto their other addresses in London or Manchester?
                I have got a panic on now.
                Hi 1vinnie

                If you have sent the CCA request to the Claimant's address per the court claim form, that should be ok. If they (or their solicitors) have given an incorrect address, tough on them. It certainly isn't your fault, neither is it your job to find a 'correct' address.
                (Did you get proof of posting?)
                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


                • #23
                  Re: Reston/Arrow/MBNA V 1vinnie.

                  Hi 1vinnie

                  If you have sent the CCA request to the Claimant's address per the court claim form, that should be ok. If they (or their solicitors) have given an incorrect address, tough on them. It certainly isn't your fault, neither is it your job to find a 'correct' address.
                  (Did you get proof of posting?)
                  I was thinking that if i did not get a reply to the CCA then Restons have some ammo to use to their favour as i would not know for sure if one ever existed and when it came to court they produce one and then the judge awards them a CCJ for me.
                  As for the proof of posting i sent signed for and got a receipt.
                  It says building/house number as La Praiderie House and postcode GY1 1WG but address validated as NO. But then again when i sent the letter to Restons at the same time that address validated as No also but they signed for it the next day and that was why today i did some checking Arrow Guernsey.

                  Comment


                  • #24
                    Re: Reston/Arrow/MBNA V 1vinnie.

                    Originally posted by 1vinnie View Post
                    I was thinking that if i did not get a reply to the CCA then Restons have some ammo to use to their favour as i would not know for sure if one ever existed and when it came to court they produce one and then the judge awards them a CCJ for me.
                    As for the proof of posting i sent signed for and got a receipt.
                    It says building/house number as La Praiderie House and postcode GY1 1WG but address validated as NO. But then again when i sent the letter to Restons at the same time that address validated as No also but they signed for it the next day and that was why today i did some checking Arrow Guernsey.
                    Using CCA s78 as an example
                    http://www.legislation.gov.uk/ukpga/1974/39/section/78
                    Duty to give information to debtor under running-account credit agreement.

                    (1)
                    The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

                    (a)
                    the state of the account, and

                    (b)
                    the amount, if any currently payable under the agreement by the debtor to the creditor, and

                    (c)
                    the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.



                    http://www.legislation.gov.uk/ukpga/1974/39/section/189
                    give ” means deliver or send [F27by an appropriate method] to;

                    I would point out to the judge that bowling up to court with the evidence is not an appropriate method of service & is an abuse of process.
                    Therefore s78(6) would be applicable.
                    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


                    • #25
                      Re: Reston/Arrow/MBNA V 1vinnie.

                      Hello.
                      This is what i have done so far.
                      Sent CPR31.14 on 16/08/2016 asking for contract and assignment as in the POC and received standard letter saying i do not need them and/or we are going to send them.
                      Sent CCA to Arrow Guernsey to the Guernsy address on 16/08/2016 as on the the claim form which seems to be wrong info from Restons and still not signed for from Arrow and as charitynjw said i have sent it the address on the form and its not my job to chase up the CCA as if they cant produce one then uneforceble in court.
                      I also sent an extesion letter as mentioned by ROb to Restons on 16/08/2016 in the same envelope as the CPR31.14 but i got no resonse yet.
                      nem mentioned about sending a letter to Restons saying that not complying to CPR31.14 is not acceptable and would be brough up before a judge. Is this worth doing?
                      Looking at thread/posts on here Restons seem to do this to a lot of people.
                      I got the claim form on 12/08/2016 and the form is dated 09/08/2016 and i aknoledged the court papers on 13/08/2016. Do is have 12 days + 5 days to get my defence in or is 28 + 5 =33 days from the claim form date as Restons have not given me what i asked or for an extension? I checked MCOL and there is nothing on there about a date to file stuff by.

                      Comment


                      • #26
                        Re: Reston/Arrow/MBNA V 1vinnie.

                        Originally posted by 1vinnie View Post
                        Hello.
                        This is what i have done so far.
                        Sent CPR31.14 on 16/08/2016 asking for contract and assignment as in the POC and received standard letter saying i do not need them and/or we are going to send them.
                        Sent CCA to Arrow Guernsey to the Guernsy address on 16/08/2016 as on the the claim form which seems to be wrong info from Restons and still not signed for from Arrow and as charitynjw said i have sent it the address on the form and its not my job to chase up the CCA as if they cant produce one then uneforceble in court.
                        I also sent an extesion letter as mentioned by ROb to Restons on 16/08/2016 in the same envelope as the CPR31.14 but i got no resonse yet.
                        nem mentioned about sending a letter to Restons saying that not complying to CPR31.14 is not acceptable and would be brough up before a judge. Is this worth doing? I would....it shows that they are being unreasonable, & intimates that they have filed a claim against you without having first checked the evidence.
                        Looking at thread/posts on here Restons seem to do this to a lot of people. Yes, them & other debt purchase companies/solicitors as well.
                        I got the claim form on 12/08/2016 and the form is dated 09/08/2016 and i aknoledged the court papers on 13/08/2016. Do is have 12 days + 5 days to get my defence in or is 28 + 5 =33 days from the claim form date as Restons have not given me what i asked or for an extension? I checked MCOL and there is nothing on there about a date to file stuff by.
                        As things stand your defence will need to be filed by 11/09/2016 (if the issue date on the claim form is 09/08/2016).
                        If Reston's agree to the extension, add another 28 days. You will need to inform the court.
                        If Reston's say words to the effect of 'we'll put your case on hold while we find the documents', that is not agreeing to the extension; in that event, stick to the original court timetable (33 days from issue).
                        Last edited by charitynjw; 21st August 2016, 18:06:PM.
                        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


                        • #27
                          Re: Reston/Arrow/MBNA V 1vinnie.

                          Thank you for the reply charitynjw.
                          As for sending a letter to Restons for not copmlying to my CPR31.14 request do you have any idea what i should put in that letter please.
                          The letter about asking for an extesion to Restons which was sent in the same envelope as CPR31.14 request has not been aknoledged or responded to. Have they not read my letter or are they not going to respond as the same as the CPR31.14 ?
                          The signed for CCA request i sent to Arrow Guernsey in Guernsey still has not been signed for or anything from Arrow or Restons.
                          I am still trying to work out what to put down as a defence.

                          Thank you all once again.

                          Comment


                          • #28
                            Re: Reston/Arrow/MBNA V 1vinnie.

                            Do you know if delivery has been attempted and a signature has been refused? I'd be inclined to send it via normal post and keep a receipt of postage because then it is deemed to have been served X days after. If it's not been signed for then technically they can't have received it. Perhaps Arrow are using that as a tactic if its just a satellite office, to get around the failure to comply with s.78 request?

                            As for the letter of extension and response to the CPR, we can send another letter or email to them chasing that up with the threat of costs for unreasonable conduct - i'll knock something up soon if no one else has done

                            You have a couple of options here depending on money matters regarding your defence but take a look at the link in the green box at the top of the page (Defence Example)

                            1. You could draft your defence, possibly statute barred etc. The claim might be stayed because they don't have the relevant documents under the CCA request and so it sits in limbo until either you or Arrow apply to lift the stay and continue with proceedings. This gives Arrow all the time in the world to get what they want, unless you make an application to strike out which will usually cost £255 (unless you qualify for a reduction in fees)

                            2. The alternative is to do the above but attach a counterclaim on the back of the defence. You could argue an abuse of process / malicious prosecution (this one hasn't been argued before and is a very new argument but I think its worth a try) on the basis that they have not got the documents since the proceedings were issued, failed to comply with the CCA request and had no right bring a claim in the first place and so no reasonable grounds for bringing the claim.

                            The Counterclaim will cost you £25 for your counterclaim up to £300, I would think a modest counterclaim of £250 would suffice. Because you've made a counterclaim against Arrow, they would have to respond and put in a defence, otherwise you would be able to obtain judgment and potentially have the claim struck out. It will also prevent the claim from potentially being stayed.

                            Ultimately, its your choice and court can be a scary thing but some people have found out on here that having a claim stayed for a while is not the best thing to do as it can come back to haunt you when the claimant's have finally got the documents they need. Plus the limitation clock stops on a stayed claim so it prevents a potential statute barred defence if there is one.
                            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                            LEGAL DISCLAIMER
                            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                            Comment


                            • #29
                              Re: Reston/Arrow/MBNA V 1vinnie.

                              Do you know if delivery has been attempted and a signature has been refused? I'd be inclined to send it via normal post and keep a receipt of postage because then it is deemed to have been served X days after. If it's not been signed for then technically they can't have received it. Perhaps Arrow are using that as a tactic if its just a satellite office, to get around the failure to comply with s.78 request?
                              I checked the Royal Mail site today and all it says is going through the system and there has been no attempt to get a sig or refused sig. The address is the one i got from the Court form that Restons have served on me so i took that as being the clients address.
                              charitynjw said it should not be upto me to find out the correct address but i dont know.
                              There was a thread on here about somebody getting a Court form from Arrow Guernsey and they were adviced to CCA them but i dont know if they sent it to Guernsey or Machester/London.
                              Thank you for your great help so far.

                              Comment


                              • #30
                                Re: Reston/Arrow/MBNA V 1vinnie.

                                Each company is a separate legal person so unless you can believe Arrow Global Guernsey has an office in Manchester or London I would advise against it. They have their address on the court form and that's where they should really be sent to I think. Because the letter needs to be signed if it is not signed then it can't be deemed to have been served. If however you send by normal post and have a postage receipt of the day it was posted, then it is deemed to have been served under the normal posting rules regardless of whether they have got it or not. But if others have posted to Manchester / London to request that information then do it but to me strictly speaking, it would need to be sent to their registered office unless you have proof otherwise. You can try and do this by emailing Arrow they have on their website queries@arrowglobal.net and confirm Arrow Guernsey's position

                                Can you confirm what exactly does Royal Mail say?
                                If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                                - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                                LEGAL DISCLAIMER
                                Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                                Comment

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