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Thread: Arrow / restons northamton county court claim

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  1. #1
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    Default Arrow / restons northamton county court claim

    Hey guys
    Received court papers the other day for a arrow global account with was originally mbna.

    I keep reading that the creditor should of defaulted me before heading to court is this right ?
    Also spoke to restons asking them to stop the judgement and let me continue making payments to them and they said they can't stop it and I just have to go through the courts.

    Court papers were white not blue

    Any ideas guys ?

    Carl

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    Default Re: Arrow / restons northamton county court claim

    First Steps ||

    - - - Updated - - -

    | CCA Request || CPR 31.14 Request |

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    Default Re: Arrow / restons northamton county court claim

    Done the first steps I wanted any answers to my questions

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    Default Re: Arrow / restons northamton county court claim

    Please inform us at time what you have done or not done = then time will not be wasted, sure others will respond soon! good luck

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    Default Re: Arrow / restons northamton county court claim

    Quote Originally Posted by MIKE770 View Post
    Please inform us at time what you have done or not done = then time will not be wasted, sure others will respond soon! good luck
    I have filled in the forms for the county court although when I tried to go on yesterday it kept saying password incorrect.

    Have send arrow a cca request and sent restons a cpr

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    Default Re: Arrow / restons northamton county court claim

    Claim responses & directions: ccbcaq@hmcts.gsi.gov.uk

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    Default Re: Arrow / restons northamton county court claim

    Quote Originally Posted by carlos09 View Post
    Received court papers the other day for a arrow global account with was originally mbna.

    I keep reading that the creditor should of defaulted me before heading to court is this right ?
    Also spoke to restons asking them to stop the judgement and let me continue making payments to them and they said they can't stop it and I just have to go through the courts.

    Court papers were white not blue
    The court summons can be white as well as blue. You say you've spoken to Restons who won't discontinue the claim which doesn't sound as if you've been sent a fake summons.

    Sometimes passwords don't work due to a database glitch at Northampton. Ring the court to check if there's a temporary problem. The important thing is you must file your Acknowledgment of Service within 19 days of the claim Issue Date - what was that date?

    This was a MBNA credit card according to you. When did you open the account and how much is being claimed by Arrow?

    When was your last payment to MBNA or Arrow or any DCA acting as their agent?

    I advise you to send a Subject Access Request to MBNA immediately so you get the full history of this account. That way you'll know whether a Default Notice was issued or not by scrutinizing the Transaction Log.

    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

  8. #8
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    Default Re: Arrow / restons northamton county court claim

    Quote Originally Posted by carlos09 View Post
    I have filled in the forms for the county court although when I tried to go on yesterday it kept saying password incorrect.
    Do you mean you have already filed your AOS online before the password blip?

    Your Defence deadline is 33 days from the claim Issue Date. Don't do it too early because you will need to reflect what (if any) response you get from your CCA Request to Arrow and your CPR 31.14 Request to Restons.

    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. #9
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    Default Re: Arrow / restons northamton county court claim

    Quote Originally Posted by carlos09 View Post
    I wanted any answers to my questions
    And now I want you to answer my questions

    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

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    Default Re: Arrow / restons northamton county court claim

    i am uploaded my court papers


    we are with payplan i missed a few payment as the wife lost her job and had problems with tax credits being stopped
    all good now though

    we have been making good payments from 2011 and this is the first time we have messed up but restons wasnt very helpful

    - - - Updated - - -

    can arrow take me to court without defaulting me ?
    Attached Thumbnails Attached Thumbnails cc.jpg  

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    Default Re: Arrow / restons northamton county court claim

    yes filled it in before password issue

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    Default Re: Arrow / restons northamton county court claim

    Quote Originally Posted by carlos09 View Post
    can arrow take me to court without defaulting me ?
    It's MBNA which should have defaulted you before terminating your agreement and selling the debt to Arrow. You can only be defaulted once because you can only breach your agreement once unless you remedy any breach within the timescale given in the DN.

    How annoying that Arrow should have issued proceedings when they knew you were in a DMP albeit struggling to keep up with the agreed payments. Did Payplan not try to renegotiate the plan to prevent this situation?

    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

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    Default Re: Arrow / restons northamton county court claim

    im part to blame because i wasnt very good at dealing with payplan in that timescale..reston sent me a letter to say that they would be starting legal procedings if i didnt start paying, so i rang them and they give me 30 days grace and i never heard from them again....spoke to payplan to sort out dd and they had to send forms back so filled in to get started again and then i got the letter

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    Default Re: Arrow / restons northamton county court claim

    Oh well, everything happens for a reason. Maybe Arrow won't win this claim so you won't have to pay them anything. Think positive

    So how old is this MBNA credit card account? When did you open it?

    How much is being claimed?

    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

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    Default Re: Arrow / restons northamton county court claim

    opened it in 2005 so 11 yrs old

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    Default Re: Arrow / restons northamton county court claim

    Quote Originally Posted by carlos09 View Post
    opened it in 2005 so 11 yrs old
    That may be a good start (before April 2007)

    How much is the claim? That's important to see whether this is likely to be allocated to the Small Claims Court or the Fast Track because each has different legal procedures to follow.

    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

  17. #17
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    Default Re: Arrow / restons northamton county court claim

    it was £2100 but its now £2300 because of costs

  18. #18
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    Default Re: Arrow / restons northamton county court claim

    So it's likely to be allocated to the Small Claims Court. Keep tabs on when you have to file your Defence (the deadline is 33 days from the claim Issue Date).

    Let's see what they come up with for a CCA and whether then can produce a valid DN.

    Send that SAR to MBNA asap

    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

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    Default Re: Arrow / restons northamton county court claim

    does that sar go to mbna and not arrow? i doubt i will hear much as xmas and things

    also would i need to defend?

  20. #20
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    Default Re: Arrow / restons northamton county court claim

    Quote Originally Posted by carlos09 View Post
    does that sar go to mbna and not arrow?
    Yes the SAR goes to MBNA.

    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

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    Default Re: Arrow / restons northamton county court claim

    hi diana so i have had a reponse from arrow and restons to say that they would not be pursuring the debt until they can get a copy of the cca.. does that mean i dont have to worry about the court case at the moment?

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    Default Re: Arrow / restons northamton county court claim

    Quote Originally Posted by carlos09 View Post
    hi diana so i have had a reponse from arrow and restons to say that they would not be pursuring the debt until they can get a copy of the cca.. does that mean i dont have to worry about the court case at the moment?
    No the court case continues as per the court timetable. Do what you are meant to do regardless of what Arrow or Restons tell you.

    Your Defence must be filed no later than 33 days from the claim Issue Date.

    It's good to have a letter from Arrow and/or Restons admitting that they don't have the paperwork. Keep that safe as you may need it as an exhibit to your WS if things get that far.

    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. #23
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    Default Re: Arrow / restons northamton county court claim

    ok thanks so i still fight my case then. what do i put one the part where it asks me how much i owe

  24. #24
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    Default Re: Arrow / restons northamton county court claim

    Example defence.
    http://legalbeagles.info/forums/show...t-Court-Claims
    Tweak to suit your case.
    Court claim issued 09/12/2016, so defence must be filed with court by latest 11/01/2017
    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 Arrow / restons northamton county court claim

    So I have sent of cca request to arrow and also filled in the form online with northamton county courts. At the moment the court case is on hold because of my cca request.

    I received a letter from restons this morning stating that once they have received info I require they will strike my defence out of the water and ccj me for the whole costs in one go.
    I haven't got the £2136 to give

    What do I do now ?

    Thanks Carl

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