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Thread: Help with CCJ. Arrow Global & Restons

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  1. #1
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    Default Help with CCJ. Arrow Global & Restons

    Hello,

    I'm really I need of some guidance. I've been (trying) to deal with Restons and Arrow Global over a very old MBNA credit card account (2005.)

    Over the past 7 months or so I have been writing to both Restons and Arrow, requesting credit agreements, notice of assignment etc etc. I have eventually been sent a copy of a signed credit agreement, however I just can't read it. It is totally illegible. Wrote back to Arrow telling them this, and pointed out that this would constitute an improperly executed credit agreement and asked for a clear copy to be sent. This was early August, I've heard nothing.....until yesterday, when I have received CCJ papers. I intend to try and defend this, but have no real idea what to do next. I have acknowledged receipt. PLEASE HELP!!

  2. #2
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    Default Re: Help with CCJ. Arrow Global & Restons

    Hi willow6972 & welcome to LB

    I have been writing to both Restons and Arrow, requesting credit agreements, notice of assignment etc etc.
    Did you send CCA & CPR 31.14 requests?

    When did you last pay into the account or acknowledge it in writing?
    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

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    Default Re: Help with CCJ. Arrow Global & Restons

    Thank you for replying I have sent CCA request, resulting in the credit agreement being sent, that's all so far

  4. #4
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    Default Re: Help with CCJ. Arrow Global & Restons

    Ok.
    I added another question; perhaps you missed it.
    Btw, did they also send the T&Cs (originals plus any variations) & a signed statement of the account?
    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

  5. #5
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    Default Re: Help with CCJ. Arrow Global & Restons

    Sorry, yes, I've paid over the last couple of years or so. No, it was just the credit agreement. It shows my address, signature and is dated. It's impossible to read any of the terms or make out any other details.

  6. #6
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    Default Re: Help with CCJ. Arrow Global & Restons

    Another question; was there PPI attached?
    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

  7. #7
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    Default Re: Help with CCJ. Arrow Global & Restons

    No, the box for PPI wasn't signed.

  8. #8
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    Default Re: Help with CCJ. Arrow Global & Restons

    If it were me I'd also send a CPR 31.14 letter to the Claimant's sols (example at top of the thread) - no fee required, but keep a copy & get proof of postage (SignedFor post is good).
    Did you get proof of postage for the CCA request & pay the £1 fee?
    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

  9. #9
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    Default Re: Help with CCJ. Arrow Global & Restons

    I will get on that today. So, that's going to Restons? What about filing defence? The date on the court papers is the 14th September, (who knows were they have been until yesterday) do I wait for Restons to reply or go ahead?

    Yes, I paid £1 and had a letter back from Arrow saying they'd received my request.

    Thanks so much for your help.

  10. #10
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    Default Re: Help with CCJ. Arrow Global & Restons

    If you've acknowledged the claim via MCOL you have time for the defense 33 days from date on claim form, CPR to Renstons and as Charity said no fee required, if you sent the CCA request before the action started send another request same as before £1 postal order recorded delivery and marked statutory fee only... and this will make up part of your defense ...

  11. #11
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    Default Re: Help with CCJ. Arrow Global & Restons

    I have sent the CPR request and the CCA requests off. I just wanted to ask, on the particulars of claim, its says that they are claiming for 'the overdue balance under a contract between the defendant and MBNA, dates on or about xxxxx and assigned to the claimant on xxxxxx.

    Was I right to request the contract/agreement and the notice of assignment? Should I have requested anything else?

  12. #12
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    Default Re: Help with CCJ. Arrow Global & Restons

    Via CPR 31.14 you can only ask for disclosure of any documents mentioned on the PoC, although you can request specific disclosure of documents not listed using other CPR.
    Did they mention 'default' at all on the PoC?
    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

  13. #13
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    Default Re: Help with CCJ. Arrow Global & Restons

    further to what I've already posted it goes on to say...

    PARTICULARS A/C NO XXXXXXXXXXXXXX
    DATE ITEM VALUE
    earlier on this year Default balance £xxxx.xx

  14. #14
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    Default Re: Help with CCJ. Arrow Global & Restons

    Could you post a copy of the PoC, or type it verbatim? (sanitize any personal data)
    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

  15. #15
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    Default Re: Help with CCJ. Arrow Global & Restons

    [IMG]IMG_7330[/IMG]

  16. #16
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    Default Re: Help with CCJ. Arrow Global & Restons

    Quote Originally Posted by willow6972 View Post
    [IMG]IMG_7330[/IMG]
    Erm........
    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

  17. #17
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    Default Re: Help with CCJ. Arrow Global & Restons

    Particulars of Claim

    The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and MBNA dated on or about xxx xx xxxx and assigned to the claimant on xxx xx xxxx

    Particulars ac/ no xxxxxxxxxxxxxxx
    DATE
    XX/XX/2016

    ITEM
    Default Balance

    VALUE

    £XXXX.XX


    TOTAL

    £XXXX.XX

  18. #18
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    Default Re: Help with CCJ. Arrow Global & Restons

    Ok.

    As things stand they are non-compliant as regards the CCA request. (Not only due to the illegible copy, you should also have received legible T&Cs as at inception, plus any subsequent variations, & a signed statement of the account).

    The court timetable is paramount; unless they accept your invitation of a 28 day extension (per the CPR letter), you will need to file a defence at court within 33 days of the claim issue date.
    If you have not received anything further from the Claimant/sols between now & a couple of days or so before the 'defence date', you can use the defence example on the top of this thread, suitably tweaked to show that the response to your CCA request is not compliant.
    I also note that the agreement (contract) was from 2005.
    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

  19. #19
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    Default Re: Help with CCJ. Arrow Global & Restons

    Ok, will wait and see what comes back.
    Is the date of the agreement siginificant?

  20. #20
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    Default Re: Help with CCJ. Arrow Global & Restons

    Good Morning!

    I have had a reply from Restons re my CPR request. Knowing Restons it's a standard response to this type of request, but I need you to tell me how to respond please.

    'We acknowledge receipt of your recent request made pursuant tp CPR 31.14

    We would point out that the claim was issued via the County Court Business Centre which is a procedure specifically provided for the CPR. This procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any disclosures. Paragraph 5.2A of Practice of Direction 7E specifically states "the requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contact claims does not apply to claims using the online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction."

    We would also remind you that CPR 31.14 states;-

    "A party may inspect a document mentioned in-

    a) a statement of case
    b) a witness statement
    c) a witness summery; or
    d) an affidavit."

    You would have been provided with a copy of the contractual Terms and Conditions at the time the account was opened and hence we see no reason why you now require an additional copy.
    Furthermore, the other documents you have requested are not "mentioned" in the particulars in the particulars of claim and therefore CPR 31.14(1) does not apply.


    Although your letter states that you require the requested documents in order to file a defence/counterclaim, we would point out that the particulars of claim contains sufficient information in order for you to understand what the claim relates to, namely;


    a) the date the account was opened
    b) the account number
    c) the outstanding balance
    d) the name of the original creditor; and
    e) the fact that the account has been assigned to the claimant and when it was assigned.



    blah blah blah,,,,, Restons.



    The particulars of claim only stated contract and assignment, so that is all I asked for.

  21. #21
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    Default Re: Help with CCJ. Arrow Global & Restons

    Is the date of the agreement siginificant?
    It is possible that s127(3) of the original 1974 CCA may be relevant.
    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

  22. #22
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    Default Re: Help with CCJ. Arrow Global & Restons

    Ahh right. Any ideas as to how I reply to this mornings letter?

  23. #23
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    Default Re: Help with CCJ. Arrow Global & Restons

    What did you ask for via the CPR request?
    Was it only the agreement & the NoA per your previous post?
    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

  24. #24
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    Default Re: Help with CCJ. Arrow Global & Restons

    Used the template letter above and asked for contract (that's what they called it on POC) and notice of assignment. Only asked for what they had put in POC

  25. #25
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    Default Re: Help with CCJ. Arrow Global & Restons

    Can anybody help with a reply to the last letter from Restons please?

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