HELP, I have received a court claim from Restons Solicitors and unsure what to do.

[holmewood114]

I have received a county court claim form from Restons solicitors on behalf of Arrow Global Accounts.
I have gone online and filled in acknowledgement of service and also filled out a form to request my cca.
This was a credit card from mbna from 1998 and assigned to arrow in 2006.
I do not have any original paperwork and cannot say what i owe. When Restons first started writing to me in june i filed a statuted barred notice. As i was not aware of this debt.
But they informed me i had been sending token payments to one of their sister companies Mackenzie hall.
I checked my bank and yes i had.
ok, In the particulars of the claim it says :

The claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and MBNA.
Dated on or abouts march 9 1998 and assigned to the claimant on oct 6 2006
Particulars acc no. xxxxxxxxxxxxxx

11-12-2015 default balance 5626.66
14-11-2016 post refrl cr -40.00

Total 5586.66


What can i do next, what do i ask for in my cpr request ?

Although i have had lots of debts to deal with from my former marriage, this is the only one to issue a claim form. I have successfully negotiated with all the rest.

[Celestine]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Ok, so the statute barred defence is out of the window, so perhaps need to look at CCA enforceability.

Have you ever sent a CCA request to Arrow Global for a true copy of your original 1998 MBNA card.

In your CPR request to Restons, you can request a copy of the 'contract' they mention and that will effectively be the 1998 contract. They need to find it to enforce this debt once you've made the correct CCA request.

[holmewood114]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Thanks for replying Celestine.
I have sent the CCA request to Arrow and recorded delivery.
As of yet i have not sent anything to Restons as i was unsure what to ask for. Now i know so i will send that off today and also include a copy of the CCA request.
I really appreciate you helping me, With never having one of these before it seems that without groups like yours, the normal individual would not stand a chance against these people.
I had been trying to deal with Restons but they started to ignore my correspondence.
If its alright with you i will let you know when i hear anything back from either of them.
Kindest Regards Chris

[charitynjw]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Hi,

For clarity, did you file a SB defence at court?
When was the court claim issue date? (On claim form)

[holmewood114]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Hi
I have so far acknowledged the claim thus hopefully giving me 28 days.
i checked the box of my intention to defend.
i have sent recorded delivery the cca to arrow and nothing yet to restons.
The date on the claim form is 17th nov 16.
Please bear with me as i do not know what the SB defence is you are asking about ?
This was an MBNA card taken out in 1998, as far as i can remember in 2002 ish i got made redundant and fell behind on the payments.
I think from what i have read on here by you lovely people, my main defence is if they cannot produce the documents required ? is this true ?
Thanks chris

[nemesis45]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Hi
I have so far acknowledged the claim thus hopefully giving me 28 days.
i checked the box of my intention to defend.
i have sent recorded delivery the cca to arrow and nothing yet to restons.
The date on the claim form is 17th nov 16.
Please bear with me as i do not know what the SB defence is you are asking about ?
This was an MBNA card taken out in 1998, as far as i can remember in 2002 ish i got made redundant and fell behind on the payments.
I think from what i have read on here by you lovely people, my main defence is if they cannot produce the documents required ? is this true ?
Thanks chris

Hello Chris,

You should send Restons a request under the provisions of Civil Procedure Rule 31.14 for the documents specifically mentioned in the particulars of claim (no fee) Don't be tempted to add anything else if a document is not mentioned in the POC don't ask for it.

Statute barred (England & Wales 6 years with no payments or written acknowledgment of the debt, the start of the relevant 6 year period varies with the type of account.

nem

[holmewood114]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Hello Nem,
I have today sent the cpr31.14 to Restons recorded delivery and included a copy of the CCA request which i sent to Arrow recorded delivery.
Wait and see time now !
Is there anything i should be doing in the meantime ?
What do you expect them to come back at me with ? as this is such an old debt ??

Thanks Chris

[charitynjw]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

This

i checked the box of my intention to defend.

Probably answers this

Please bear with me as i do not know what the SB defence is you are asking about ?

As long as you have just ticked the 'intent to defend' box, but didn't actually state that you intend to plead a statute-barred defence (at the acknowledgement stage).

[holmewood114]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Morning guys,
So i asked arrow for cca and had no response, i also sent a copy to restons and asked restons for cpr 31.14 and also had no response and today was the deadline for a reply.
What is my next step ? fill out the defence form ??

Thanks chris

[nemesis45]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Morning guys,
So i asked arrow for cca and had no response, i also sent a copy to restons and asked restons for cpr 31.14 and also had no response and today was the deadline for a reply.
What is my next step ? fill out the defence form ??

Thanks chris

Hi, start compiling your defence there's templates in the green box also take a look at other defence posted it will give you a good idea of content and format.

nem

[holmewood114]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

great stuff, i will get it done later today.
thanks nem.

[Diana M]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

i asked arrow for cca and had no response, i also sent a copy to restons and asked restons for cpr 31.14 and also had no response and today was the deadline for a reply.
What is my next step ? fill out the defence form ?

You have 33 days from the Issue Date on the claim form to file your Defence. Your claim was issued on 17th November wasn't it?

It can only be a good thing that Arrow has not complied with your s 77-79 CCA Request. People tend to fret when they've not received documents by the time their Defence is due to be filed, but in reality non-compliance with your request IS your Defence.

When did you last make a payment to McKenzie Hall?

Di

[holmewood114]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Good afternoon di
I last paid Mackenzie Hall in June of this year.
To be honest I have been paying them for years, but if you asked me who they were and what it was for i couldn't tell you.
I got made redundant in 2002 that is when I got in trouble and buried my head in the sand.
I now want rid of these people and so far I have done quite well with negotiating with the likes of Cabot and Lowell.
Restons would not negotiate at all.
From my research of them, they want to put a charging order on my property to secure the debt. I do not own a property any more.
When I send in the defence di, in your experience, what will happen then ?

Kind regards Chris

[charitynjw]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Hi Chris

How did you send the CCA request to Arrow?
If 'tracked', have you confirmed delivery/receipt? (Arrow have a nasty habit of not accepting or signing for them).
If by ordinary post, did you get proof of posting?

Btw, it's difficult to try & predict what will happen at any stage, really.
It's best to take each step at a time.

[holmewood114]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Hi
I sent it recorded delivery as i did with a copy to Restons.
I have just checked the tracking and they have signed for it.
I am printing some templates of the defence now and filing it this afternoon.

Kind Regards Chris