Restons

[Queenb]

Re: Restons

Well I was waiting for responses from Restons and Arrow.

Just ts trying to load my defence on money claim online but it's not recognising the claim number/password

[warwick65]

Re: Restons

Try looking at the bottom of the page and it might show the claim - that might be a way in
Otherwise you could email it but I am not sure of the email address [MENTION=3599]MIKE770[/MENTION] [MENTION=5553]charitynjw[/MENTION] [MENTION=6]Amethyst[/MENTION]

[charitynjw]

Re: Restons

Can you print off & sign a copy of the defence, then scan & send as an email attachment?

- - - Updated - - -

Try looking at the bottom of the page and it might show the claim - that might be a way in
Otherwise you could email it but I am not sure of the email address @MIKE770 @charitynjw @Amethyst

Lol....we must stop meeting like this, Warwick.
ccbcaq@hmcts.gsi.gov.uk

[Queenb]

Re: Restons

Thanks for your help, I managed to log on in the end.

My defence -

1: I received the claim XXXXXXXX from the Northampton County Court on 03 May 2017.


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 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 Claimants statement of case states that the account was assigned from New Day to Arrow Global Ltd on 25 September 2015. The Defendant does not recall receiving notice of this assignment.


6: It is denied that New Day 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.


7: On the 10 May 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Ltd. I requested the Claimant provide copies of the agreement.


8: Restons Solicitors Ltd has not sent any of these documents to me.


9: On the 10 May 2017 I sent a formal request for a copy of the original agreement to Arrow Global Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.


10: The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.


11: 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.


12: 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.


13: 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.


14: 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.

[charitynjw]

Re: Restons

Ok

Not sure why you mentioned CCA s77, but as they say, owt is better than nowt!

[MIKE770]

Re: Restons

showing case number

[Kati]

Re: Restons

showing case number

sorted xx

[charitynjw]

Re: Restons

sorted xx

The usual procedure, then?

[warwick65]

Re: Restons

Evening again

Just one point and probably to late to amend now but remember for your witness statement
You say no notice of assignment was received yet do not ask they prove one was sent or indeed the account had been properly assigned.

Seems assignment is the hot topic at the moment from reading posts and blogs by [MENTION=7765]Joanna C[/MENTION] and [MENTION=551]pt2537[/MENTION]

@Chraitynjw - you do realise people will talk!

[Joanna C]

Re: Restons

Definitely a very hot topic for the debt purchasers