Page 2 of 3 FirstFirst 123 LastLast
Results 26 to 50 of 55

Thread: TIM vs ARROW/RESTONS (Need urgent help with defence)

  • Share
  • Thread Tools
  • Display
  1. #26
    Join Date
    May 2017
    Posts
    24
    Mentioned
    0 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    Quote Originally Posted by Amethyst View Post
    Minor issue - take the square brackets out of para 11 ...
    Thanks, done. I have edited the statement to include the full company titles of Reston and Arrow Global also. No possibility of being statute barred unfortunately.

  2. #27
    Join Date
    May 2017
    Posts
    24
    Mentioned
    0 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    So would you say this is now ready to be submitted (assuming I receive nothing from Restons/Arrow by Monday)?

    If I receive any correspondence from them, I guess that will mean a few sections of the defence statement will need to be changed to reflect hearing back from them, and depending on their response.

  3. #28
    Join Date
    May 2007
    Posts
    59,012
    Mentioned
    1603 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    Ok cool. Well get that in tomorrow and then it's a case of wait and see what they've got Post here soon as you hear anything from court or claimant ( or if you have any problems submitting of course )
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  4. #29
    Join Date
    May 2017
    Posts
    24
    Mentioned
    0 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    Thanks! Yes, I'm happy to submit the defence tomorrow to the court. What would happen though if after submitting the defence I then received a letter from Restons or Arrow? Couldn't that invalidate some points on the defence statement?

  5. #30
    Join Date
    Sep 2009
    Posts
    11,306
    Mentioned
    474 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    That's what your para #16 is for.
    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

  6. #31
    Join Date
    May 2007
    Posts
    59,012
    Mentioned
    1603 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    Indeedy xxx
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  7. #32
    Join Date
    May 2017
    Posts
    24
    Mentioned
    0 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    Thanks. I actually saw that particular point in the defence earlier when I was reading through it and making changes, believe it or not.

    I guess it can all become a bit overwhelming sometimes! Ok, so good to submit then.

  8. #33
    Join Date
    May 2017
    Posts
    24
    Mentioned
    0 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    Hi. There has been a development. I have just received this letter from Arrow Global (attached). It looks like they are confirming debt relates to an overdraft and so isn't covered under CCA regulations. I don't know if this a good or bad thing in terms of being able to defence the claim?. Could you please suggest an an amended defence? I haven't submitted any defence yet with Money Claim.

    I am still yet to hear anything from Restons.

    @Amethyst

    Thanks
    Attached Images Attached Images
    Last edited by TIM50; 16th June 2017 at 09:16:AM.

  9. #34
    Join Date
    May 2017
    Posts
    24
    Mentioned
    0 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    Quote Originally Posted by TIM50 View Post
    Hi. There has been a development. I have just received this letter from Arrow Global (attached). It looks like they are confirming debt relates to an overdraft and so isn't covered under CCA regulations. I don't know if this a good or bad thing in terms of being able to defence the claim?. Could you please suggest an an amended defence? I haven't submitted any defence yet with Money Claim.

    I am still yet to hear anything from Restons.

    @Amethyst

    Thanks
    Hi. Could anyone please help with a revised defence?.

    The defence statement needs to be submitted by tomorrow (Monday) 4pm. I had a defence ready to submit, but Arrow have sent the letter attached to the last post, denying they are the creditor, and advising that the debt is an overdraft, so doesn't come under CCA regulations (attachment in previous forum post). I am getting worried now that there won't be time to change the defence.

    I have included a copy of my current defence statement (written before receiving the letter from Arrow Global) below:

    1: I received the claim #Claim Number from the Northampton County Court on 19th June 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 for agreement regulated under the Consumer Credit Act 1974.

    4: I have held various financial products with HSBC over the years however I am uncertain as to what the Claimant's claim applies.

    5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

    6. The Claimants statement of case states that the account was assigned from HSBC to Arrow Global Limited on February 18th 2016. The Defendant does not recall receiving notice of this assignment. The claimant is put to strict proof they have the right to bring the claim by disclosing the deed of assignment.

    7. It is denied that HSBC 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 1st June 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 Limited. I requested the Claimant provide copies of the Contract along with any relevant terms and conditions, as well as a copy of any Notices and Deeds of Assignment.

    9. Restons Solicitors Limited have not sent any of these documents to me.

    10. On the 1st June 2017 I sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to section 77 / 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

    11. 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.

    12: 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 acknowledge my request.

    13. 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.

    14: I do not recognise the amount claimed and I believe that the sum has been calculated to include excessive and unfair charges, be it for late payment, returned payment or overdraft fees. It would be my contention that these charges may have increased any debt because of the terms of the contract relating to the account or accounts causing an unfair relationship. However I am unable to plead effectively without further information from the Claimant as to the origin of the alleged debt.

    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.
    admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of cred
    Statement of Truth

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


    Signed …………………………………………

    Dated .................................................. ....

  10. #35
    Join Date
    Sep 2009
    Posts
    11,306
    Mentioned
    474 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    If it were me I'd put in the defence as it stands.
    Arrow have given you no verifiable proof that it is just an overdraft, & your SAR response, when it arrives, should show whether or not Arrow have recently bothered checking their facts with the original creditor. (& if they do have hard copy evidence, how come they haven't sent it to you?)
    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

  11. #36
    Join Date
    May 2017
    Posts
    24
    Mentioned
    0 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    Thanks @warwick65 @charitynjw and @Amethyst.

    I have just recieved (at the last possible moment) a letter from Restons solicitor, at the last possible minute! meaning almost no time to respond to it and form a defence.

    The defence statement needs to be submitted by 4pm today at the latest.

    I have attached a copy of the letter to this post.

    Would someone mind revising my defence statement to take the letter from Restons into account? I don't have much of a clue about all of this

    I am getting really worried now that I am not going to have time to submit this defence and will end up with a CCJ by default.

    Thanks
    Attached Images Attached Images

  12. #37
    Join Date
    Apr 2009
    Posts
    5,214
    Mentioned
    141 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    usual template from Rectums nothing new there!


    they are right but assumption of some is wrong as CPR31.14 can ask for documents mentioned on the N1 form right up to allocation, keep that letter on file for possible future use in witness statement.

    More disclosures can be asked for later.

  13. #38
    Join Date
    May 2017
    Posts
    24
    Mentioned
    0 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    Thanks Mike. I will keep the letter.

    I think the defence statement will need to be amended to challenge the points in their letter. There is also a point in the defence statement which states Reston haven't responded at all, as well as other points.

    I would appreciate any help from anyone amending this defence statement. Not long until the 4pm deadline today

  14. #39
    Join Date
    Feb 2017
    Posts
    1,291
    Mentioned
    94 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    Hi

    You could just alter para 9 to read : Restons have refused my request

    You still want them to prove the assignment and provide a copy of the contract - they either don't have them, are too lazy to supply them or want to play games and confuse you - don't let them

  15. #40
    Join Date
    Apr 2009
    Posts
    5,214
    Mentioned
    141 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    just para 9 as suggested witness statement later in proceedings will include your points, do not give them plenty of time to find things now.

  16. #41
    Join Date
    May 2017
    Posts
    24
    Mentioned
    0 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    Thanks @warwick65 and @MIKE770

    I am just emailing the defence statement now (as I am not able to access their online system). I don't have a printer so I am needing to use an electronic signature, which I have been informed by the Money Claim helpline is OK. The last lady I spoke to on the helpline didn't inspire confidence though. Previously I have been told by someone on the helpline that just typing my name along with the date at the bottom of the defence statement on an email is fine, along with the claim number in the subject field. The email is then emailed to: ccbcaq@hmcts.gsi.gov.uk

    Can someone confirm? Thanks

  17. #42
    Join Date
    Apr 2009
    Posts
    5,214
    Mentioned
    141 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)


  18. #43
    Join Date
    Feb 2017
    Posts
    1,291
    Mentioned
    94 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    As far as I know just typing your name will suffice and although the people at HMCTS shouldn't give legal advice if they say typing it should be ok

  19. #44
    Join Date
    May 2017
    Posts
    24
    Mentioned
    0 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    Thanks. Ok, I have sent to that email address. I didn't receive any acknowledgement unfortunately. It looks like that function isn't working at the moment. After trying to send multiple times however, I received a reply from a member of staff advising that the email had been received correctly.

  20. #45
    Join Date
    Apr 2009
    Posts
    5,214
    Mentioned
    141 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    . I also sent it to the ccbc@hmcts.gsi.gov.uk email address and I received an acknowledgement from that .

    . you received a receipt so print it off and attach to your copy of defence etc no need to ring them as you state you have an immediate receipt

  21. #46
    Join Date
    Jun 2017
    Posts
    11
    Mentioned
    0 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    Hello friends

    Sorry to jump in que i left my thread already but no one replies. I am looking to as from charitynjw.

    If you please advice me what should i do.

    I hbe received last letter on 12th june from reston solictios and askinf financial statments so i really dont wana give my emplyer detaild etc etc
    So they gave me time till 20ths june which is today so what the first thing should i do ..

    Some.people advice me to ask for cca agreement etc and to write the letter ..but i am confuse where to send the letter reston oe arrow global ?

    And what is all about postal order ..on which name of this postal order cuz postal service person going to ask me that postal order should be name on it.

    So.please guys save me i dont want country court judgements on me ccj.. i want to fix this the only thing is i dont want to give my employer details which is reston solicitor asking me to fill all details. I dont wana even lie on writings. So what should i do first and can any one let me know step by step. I only got few lines letter a model/templet letter like what to write but i dont know where to send and where to post and what name on postal order.


    Many thanks

    Apologies for jump

    - - - Updated - - -

    Quote Originally Posted by charitynjw View Post
    If it were me I'd put in the defence as it stands.
    Arrow have given you no verifiable proof that it is just an overdraft, & your SAR response, when it arrives, should show whether or not Arrow have recently bothered checking their facts with the original creditor. (& if they do have hard copy evidence, how come they haven't sent it to you?)
    Hello friends

    Sorry to jump in que i left my thread already but no one replies. I am looking to as from charitynjw.

    If you please advice me what should i do.

    I hbe received last letter on 12th june from reston solictios and askinf financial statments so i really dont wana give my emplyer detaild etc etc
    So they gave me time till 20ths june which is today so what the first thing should i do ..

    Some.people advice me to ask for cca agreement etc and to write the letter ..but i am confuse where to send the letter reston oe arrow global ?

    And what is all about postal order ..on which name of this postal order cuz postal service person going to ask me that postal order should be name on it.

    So.please guys save me i dont want country court judgements on me ccj.. i want to fix this the only thing is i dont want to give my employer details which is reston solicitor asking me to fill all details. I dont wana even lie on writings. So what should i do first and can any one let me know step by step. I only got few lines letter a model/templet letter like what to write but i dont know where to send and where to post and what name on postal order.


    Many thanks

    Apologies for jump

  22. #47
    Join Date
    May 2007
    Posts
    59,012
    Mentioned
    1603 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    Morning, Apologies, I had a long weekend at a conference. Anyway I agree with the others Defence in as is with the amendment to say the claimants solicitors refused your request for docs... another point ( due to a dodgy comma in their letter ) an overdraft is regulated by the cca 1974 - it is Only part V that doesn't apply ( due to a determination ) Part v is the part that contains sec 77-79. So They are right but they have worded it in a very misleading way ( on purpose IMO) .
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  23. #48
    Join Date
    May 2007
    Posts
    59,012
    Mentioned
    1603 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    Papu - I'll find your thread and see where you're at
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  24. #49
    Join Date
    Sep 2009
    Posts
    11,306
    Mentioned
    474 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    Sorry to jump in que i left my thread already but no one replies. I am looking to as from charitynjw.
    Quote Originally Posted by Amethyst View Post
    Morning, Apologies, I had a long weekend at a conference. Anyway I agree with the others Defence in as is with the amendment to say the claimants solicitors refused your request for docs... another point ( due to a dodgy comma in their letter ) an overdraft is regulated by the cca 1974 - it is Only part V that doesn't apply ( due to a determination ) Part v is the part that contains sec 77-79. So They are right but they have worded it in a very misleading way ( on purpose IMO) .
    I believe that charitynjw has been away at a conference.
    For something
    All weekend.

    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

  25. #50
    Join Date
    May 2017
    Posts
    24
    Mentioned
    0 Post(s)

    Default Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

    Ok, so after having filed my defence a short while ago, I have now received this letter from Restons. Can anyone please advise how I should respond? Thanks
    Attached Images Attached Images

Page 2 of 3 FirstFirst 123 LastLast

Similar Threads

  1. Help with Restons/Arrow.
    By 1vinnie in forum Debt Collection Agencies
    Replies: 0
    : 29th March 2016, 16:44:PM
  2. Help please, Urgent! CCJ defence MFS Portfolio/Restons.
    By skint80 in forum Received a Court Claim?
    Replies: 35
    : 8th February 2016, 15:48:PM
  3. Urgent help / advice needed: Restons solicitors (arrow global limited)
    By Snoop1Tommy in forum Received a Court Claim?
    Replies: 21
    : 9th January 2016, 21:11:PM
  4. Replies: 0
    : 3rd January 2016, 11:04:AM
  5. Arrow / Restons
    By jacko7069 in forum Money & Debt
    Replies: 9
    : 30th March 2014, 17:57:PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2016
Hosted by Lodge Information Services Ltd
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP