Arrow Global vs Thunderstruck37

[charitynjw]

Re: Arrow Global vs Thunderstruck37

"As the Claimant's Particulars of Claim does not disclose whether the claim is for an agreement regulated by the Consumer Credit Act 1974, ....etc" ?

[Thunderstruck37]

Re: Arrow Global vs Thunderstruck37

Thanks Charity, I have amended point 3 to read:

As the Claimant's Particulars of Claim does not disclose whether the claim is for an agreement regulated by the Consumer Credit Act 1974, on 15.5.2017 I sent a CCA ss77-79 request in case the claim was in relation to a regulated agreement.

This should demonstrate that I have covered all bases with regard to whether the claim is for a regulated agreement or not?

[warwick65]

Re: Arrow Global vs Thunderstruck37

Only thing I noticed was that in 7 you just mentioned the assignment but don't ask that the claimant produce a valid notice and deed of assignment but in 8 you ask they produce a valid DN.

Should they be producing all the documents they need- I would have thought so.

[Thunderstruck37]

Re: Arrow Global vs Thunderstruck37

So I filed the defence and then a few days later I got two letters - one from Restons and one from the claimant (Arrow Global Ltd). They had both returned the £1 postal orders (they were stapled to the letters). Restons simply said that their client was dealing with the request and the one from Arrow said that they "didn't accept that they were the creditor as envisaged by the above statute" but that they were willing to "assist" in obtaining that which has been requested. They are going to process the request for documentation from the creditor and that all collection activity would be suspended pending provision of the documents.

A couple of days later I then received the following letter out of the blue from Restons (see attached) in which they come out with the usual stuff about me having to prove the alleged debt is statute barred and not them etc...What I was wondering is if it is worth me applying to court to get the claim struck out before they try and get my defence struck out? If SB is a complete defence to this and the burden of proof is on the claimant, how could a judge strike it out without making them produce any evidence they have that a debt ISN'T statute barred?

[charitynjw]

Re: Arrow Global vs Thunderstruck37

The more they bluster, the greater is the possibility that they are on a sticky wicket & know it.

Imho it would be unlikely that the court will strike out their claim just yet.
They have to reply to your defence in a short while or else the claim will be stayed.
If it were me I'd hold on until then.