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Thread: Help with CCJ. Arrow Global & Restons

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  1. #26
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    Default Re: Help with CCJ. Arrow Global & Restons

    they are trying to allay you - usual nonsense from them, CPR31.14 is relevant up unto allocation - they are trying no doubt to cover the fact they do not hold necessary document for now. they are the pits and certainly not ethical in their business mind you neither are a lot of others in that so called profession

  2. #27
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    Default Re: Help with CCJ. Arrow Global & Restons

    Quote Originally Posted by willow6972 View Post
    Can anybody help with a reply to the last letter from Restons please?
    For the Personal Attention Of.
    Nigel Coe
    Director
    Restons Solicitors

    Date:




    Re: County Court Claim No.''''''''''''''''''''''''''''''''''''''''''''''' '''
    Claimant.....................................


    Dear Mr Coe,

    I am in receipt of a letter from Restons in response to my request for inspection of documents mentioned in the particulars of this claim under the provisions of CPR 31.14.

    You are reminded that this claim has not been allocated to any track therefore the request is relevant.

    What documents I may or may not have received from the original creditor is of no relevance at all as I am requesting sight of the documents your client intends to reply on in court.

    Please therefore send the documents required by return of post or confirm that your client was not in possession of said documents on the date tis claim was issued.

    Restons conduct in this matter will be brought to the attention of the court.

    Yours etc.

    Use signed for post, check delivery date and signature and print off a copy.

    nme
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  3. #28
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    Default Re: Help with CCJ. Arrow Global & Restons

    Thanks!

    I need to start thinking about my defence I suppose

    I never wanted not to pay this debt. I just wanted to see the credit agreement and terms, as I had questions as to how the balance was so much. The credit agreement they (arrow) sent is totally illegible. I cannot read the terms at all. I wrote for a clearer credit agreement to be sent. Restons issued court papers instead.

    How do you very brilliant people suggest I handle the next step?

  4. #29
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    Default Re: Help with CCJ. Arrow Global & Restons

    Quote Originally Posted by willow6972 View Post
    Thanks!

    I need to start thinking about my defence I suppose

    I never wanted not to pay this debt. I just wanted to see the credit agreement and terms, as I had questions as to how the balance was so much. The credit agreement they (arrow) sent is totally illegible. I cannot read the terms at all. I wrote for a clearer credit agreement to be sent. Restons issued court papers instead.

    How do you very brilliant people suggest I handle the next step?
    Willow if the agreement is illegible in any part it's not compliant.

    My suggestion is in post #27 for immediate action.

    nem,
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  5. #30
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    Default Re: Help with CCJ. Arrow Global & Restons

    Right, done that. Will post recorded tomorrow. I was just thinking ahead, the defence part terrifies me, I am aware that Restons aren't the nicest. I want to do everything I possibly can to avoid a CCJ!

  6. #31
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    Default Re: Help with CCJ. Arrow Global & Restons

    Quote Originally Posted by willow6972 View Post
    I need to start thinking about my defence I suppose

    . . . . . The credit agreement they (arrow) sent is totally illegible. I cannot read the terms at all
    Your next step is to file your Defence.

    I would caution against writing any letter to Restons solicitors until you've done that (if at all). A stroppy letter won't achieve anything except serve to annoy them.

    From what you say the Claimant has not complied with your CCA Request. That will probably form part of your Defence.

    From what you say you've not been sent a copy of the DN or NOA.

    Without the necessary paperwork they cannot enforce the debt in court. They know that which is why they have written you a stroppy letter. It needs no response.

    If you have anything to say to Restons then you should say it in your Defence and not in correspondence beforehand.

    The Beagles have a template Defence to get you started. I would wait for one of them to guide you where to find it on the forum and they'll also help you to tweak it to suit your own circumstances.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  7. #32
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    Default Re: Help with CCJ. Arrow Global & Restons

    My recommendation stands, as it has proved very successful in ending proceedings very quickly. response is very important!

    Putting the point the CPR 31,14 is applicable is Not a stroppy response in any way.
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  8. #33
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    Default Re: Help with CCJ. Arrow Global & Restons

    Quote Originally Posted by willow6972 View Post
    I want to do everything I possibly can to avoid a CCJ!
    In which case file a Defence with the help of the Beagles

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  9. #34
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    Default Re: Help with CCJ. Arrow Global & Restons

    Quote Originally Posted by willow6972 View Post
    Right, done that. Will post recorded tomorrow. I was just thinking ahead, the defence part terrifies me, I am aware that Restons aren't the nicest. I want to do everything I possibly can to avoid a CCJ!
    We'll start to get your defence together Willow, for now take a look at the defence templates in the green box at the top of this page to give you an idea of format and content, then if you want make a draft and post it here so we can go through it with you.
    Plenty of help with this is available.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  10. #35
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    Default Re: Help with CCJ. Arrow Global & Restons

    Thankyou so much!

  11. #36
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    Default Re: Help with CCJ. Arrow Global & Restons

    Quote Originally Posted by nemesis45 View Post
    as it has proved very successful in ending proceedings very quickly. response is very important!

    Putting the point the CPR 31,14 is applicable is Not a stroppy response in any way.
    The thing is I can never understand why some people write to solicitors in an attempt to force/cajole them into producing documents.

    Surely it's better from a Defence point of view if they don't/can't produce the essential paperwork?

    If the OP has not been sent any Ts & Cs (as has been said) that can only be good news for now. Putting pressure on the solicitor to produce them may not help.

    Restons' own letter makes a tacit admission that they haven't got the Ts & Cs that's why they're saying they would have been sent to the OP when they opened the account in 2005.

    I'm not against letters to the other side inviting a Discontinuance as long as they are accompanied by a Draft Application of what you'll do if they don't agree.

    My personal view is that there's a time and a place for writing to the other side and before filing a Defence is not one of them.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  12. #37
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    Default Re: Help with CCJ. Arrow Global & Restons

    Quote Originally Posted by willow6972 View Post
    Right, done that. Will post recorded tomorrow. I was just thinking ahead, the defence part terrifies me, I am aware that Restons aren't the nicest. I want to do everything I possibly can to avoid a CCJ!
    What you do must be your choice.

    Your Defence deadline is 17th October (isn't it?). This forum will help you to do that.

    You have time to recover from that Restons' letter which appears to have spooked you. That, of course, is why they sent it. It's a template letter they commonly send to LIPs. They wouldn't send that same letter to any solicitor acting for a Defendant

    If you want to write to them give some thought as to when would be the right time to do that.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  13. #38
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    Default Re: Help with CCJ. Arrow Global & Restons

    In the case of Restons and CPR 31.14 request it has proved very successful to challenge their template rejections of CPR requests the non cooperation has a positive result when used in defence and WS.

    I only recommend actions that have had positive effects.

    In todays very aggressive debt purchase and collection industry it's important to met the challenges/ misleading statement and down right ruthlessness head on it one doesn't the LIP gets trodden down.

    Long experience has proved this.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  14. #39
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    Default Re: Help with CCJ. Arrow Global & Restons

    Keep going as advised and you will find Reestons will either ask for a settlement before it goes to Court or they will discontinue. It's very rare for them to see things to the end.

    NMNP.

  15. #40
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    Default Re: Help with CCJ. Arrow Global & Restons

    Hi!

    Sick, sick and more sick has delayed me somewhat!

    Reply from 2nd letter to Restons received yesterday (sure they are messing with me!)

    'In the absence of a formal request being made along with the appropriate fee (It was to Arrow, no reply, not cashed cheque) we and out client are under no obligation to provide the documents you have requested.

    Should you fail to file a response to the claim within the timeframe stipulated by the court, we may request judgement is entered against you by default'

    My defence (as I see it) is that they have failed to supply documents they are relying on in court. After a previous via request they sent an illegible credit agreement which I could not read. I asked for one that I could read, they simply issued court proceedings. Help me make that sound legal speak! Deadline tomorrow. 😤😤

  16. #41
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    Default Re: Help with CCJ. Arrow Global & Restons

    Ps, you are all literally brilliant! Many a DCA must live in fear of forums like this!

  17. #42
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    Default Re: Help with CCJ. Arrow Global & Restons

    Quote Originally Posted by willow6972 View Post
    Reply from 2nd letter to Restons received yesterday (sure they are messing with me!)

    'In the absence of a formal request being made along with the appropriate fee (It was to Arrow, no reply, not cashed cheque) we and out client are under no obligation to provide the documents you have requested.

    Should you fail to file a response to the claim within the timeframe stipulated by the court, we may request judgement is entered against you by default'

    My defence (as I see it) is that they have failed to supply documents they are relying on in court. 
    They're just stating the obvious which is if you don't file a Defence by the court deadline they can get a Default Judgment. But you knew that anyway which is why you'll be filing it by 4pm tomorrow.

    Did you send your CCA Request to Arrow by Royal Mail Recorded Delivery or at least with Proof of Posting? If you sent it before proceedings were issued Restons might not know that but it won't alter the fact you sent it to the creditor who is the one obliged to comply. It's clear they received it because they responded by sending you an illegible document and no Ts & Cs from what you say.

    Im sorry you've been sick - I hope you're feeling better now

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  18. #43
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    Default Re: Help with CCJ. Arrow Global & Restons

    Hello!

    Yes, was sent 26th September, recorded delivery. I've used the template, changed documents etc. I've also added a point about s61(1), failure to supply a legible agreement.

    All ready to go, I think.

  19. #44
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    Default Re: Help with CCJ. Arrow Global & Restons

    Why not ask someone to check your draft Defence before you file it.

    I've read back through your thread and can see this was an MBNA credit card opened in 2005 but I can't see anything which says when you last made a payment towards it.

    How much is this claim because that can sometimes give an indication of what lies ahead?

    Did you ask Restons for a copy of the DN?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  20. #45
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    Default Re: Help with CCJ. Arrow Global & Restons

    I've not made myself very clear- I sent a further request to Arrow when I sent Restons the CPR request. They've just ignored me.

    - - - Updated - - -

    I've made a payment within 6 years
    3k

    DN? haha

  21. #46
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    Default Re: Help with CCJ. Arrow Global & Restons

    is there anyway I can send the defence by pm to anybody?

  22. #47
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    Default Re: Help with CCJ. Arrow Global & Restons

    Quote Originally Posted by willow6972 View Post
    is there anyway I can send the defence by pm to anybody?
    You can send a PM to Amethyst to ask for help if you like.

    Post a draft on your thread so she can see it.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  23. #48
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    Default Re: Help with CCJ. Arrow Global & Restons

    Quote Originally Posted by willow6972 View Post
    DN? haha
    Well they'll need the DN as well as the Ts & Cs which should have been present when any credit agreement was entered into. They've already admitted they don't have those.

    Maybe that's why Restons have been huffing and puffing in their letters because they know they don't (yet) have all the paperwork they need to enforce the debt from what you say.

    Have you been sent annual statements since the account defaulted/terminated?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  24. #49
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    Default Re: Help with CCJ. Arrow Global & Restons

    Arrow sent a load of statements about 8 weeks ago, they said they had been in breach, but have now rectified this. They haven't complied with a SAR though, nor did Restons.

  25. #50
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    Default Re: Help with CCJ. Arrow Global & Restons

    1: I received the claim xxxxxxx from the Northampton County Court, dated xxx September 2016

    2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

    3: This claim appears to be for a credit card agreement regulated under the Consumer Credit Act 1974.
    4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


    5: The particulars of claim state the agreement was entered into on or around xxxxxxxx

    6: The Claimants statement of case states that the account was assigned from MBNA to Arrow Global Guernsey Limited on xxxxxxx. The Defendant does not recall receiving notice of this assignment.

    7: It is denied that MBNA served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

    8: On the xx September 2016 I sent a request for inspection of documents mentioned in the Claimants statement of case under Civil Procedure Rule 31.14 to Restons. I requested the Claimant provide copies of the Contract and Notice of Assignment.

    9: Restons has not sent any of these documents to me.

    10: On the xx September 2016, I sent a formal request for a copy of the original agreement to Arrow Global Guernsey LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

    11: The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78(6) Consumer Credit Act 1974 cannot enforce the agreement.
    12: The Claimant has failed to comply with section S61(1) of the Consumer Credit Act 1974, by not providing a legible copy of a contract.

    13: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.

    14: Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

    15: I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

    16: In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

    17: It is denied that the Claimant is entitled to the relief as claimed or at all.

    Statement of Truth

    The Defendant believes that the facts stated in this Defence are true.



    Signed

    Dated

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