Arrow Global & Restons Solicitors Court Summons - guidance wanted

[JudgedBirch]

After hitting financial hardship I've been unable to pay my credit card liabilities. I am currently on JSA, although a small amount of savings is keeping the mortgage paid.

Arrow Global appear to have taken over the debt owed to M&S Financial Services. Their solicitors, Restons have now raised a claim in the county court for £5800ish+costs. The N1CPC received dated 7 Feb is simply signed by a typewritten "Restons Solicitors Limited".

- My first step was to send a CCA letter to Arrow Global requesting copy of the agreement and full breakdown of debt owed. Arrow received this on 14 Feb.

-Arrow responded promptly stating "we do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation and will revert in due course". I am not expecting them to deliver the information within the specified 12 working days.

So what happens next? What else should I be doing now? Any simple pointers would be appreciated! (I've read through many threads on here but every situation appears different)

[NotPaying]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

After hitting financial hardship I've been unable to pay my credit card liabilities. I am currently on JSA, although a small amount of savings is keeping the mortgage paid.

Arrow Global appear to have taken over the debt owed to M&S Financial Services. Their solicitors, Restons have now raised a claim in the county court for £5800ish+costs. The N1CPC received dated 7 Feb is simply signed by a typewritten "Restons Solicitors Limited".

- My first step was to send a CCA letter to Arrow Global requesting copy of the agreement and full breakdown of debt owed. Arrow received this on 14 Feb.

-Arrow responded promptly stating "we do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation and will revert in due course". I am not expecting them to deliver the information within the specified 12 working days.

So what happens next? What else should I be doing now? Any simple pointers would be appreciated! (I've read through many threads on here but every situation appears different)

Have you responded to the N1CPC? Probably to Northampton County Court.

[mystery1]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

Have you filed AOS ? Have you sent a 31.14 request ? Have you told them that a firm cannot sign a claim form ? Have you asked them to replead ?

They are the creditor http://www.bailii.org/ew/cases/EWHC/QB/2012/2402.html

If they are not the creditor they would have no locus standi to bring the claim. Idiots.

M1

[Amethyst]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

M&S Financial Services - can you give a bit more detail of the debt. When was it first taken out and was it originally a store card ?

With the claim being on 7th Feb you need to have acknowledged the claim by 25th Feb.

[JudgedBirch]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

Thanks for you comments so far - in response to your questions:

- the N1CPC was indeed from Northampton County Court
- I have responded to the N1CPC online requesting an extension to prepare my defence. This was completed 28 Feb, 2 days over the 14 day limit by my calculations
- Not sure what an AOS or 31.14 request is - non-legal newbie!
- No, I have not told them a firm can not sign the claim form, or asked them to replead. Am I able to do this?
- My simple logic would agree that if they are not the creditor then how could they make a claim?
- Yes, this debt was a store card, taken out perhaps 12 years ago

What would be my next steps?

[MIKE770]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

Thanks for you comments so far - in response to your questions:

- the N1CPC was indeed from Northampton County Court
- I have responded to the N1CPC online requesting an extension to prepare my defence. This was completed 28 Feb, 2 days over the 14 day limit by my calculations
- Not sure what an AOS or 31.14 request is - non-legal newbie!
- No, I have not told them a firm can not sign the claim form, or asked them to replead. Am I able to do this?
- My simple logic would agree that if they are not the creditor then how could they make a claim?
- Yes, this debt was a store card, taken out perhaps 12 years ago

What would be my next steps?

One for Plan B, Mayhew v Satander comes to mind they are trying it on.

[MIKE770]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

SANTANDER CARDS (UK) LTD v DIANA MAYHEW [2012] EW Misc 14 (CC)

[JudgedBirch]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

Many thanks all. I have to now submit my defence. Can anyone point me in the right direction? I've not had any further contact from any party and certainly not received anything under my CCA request.

Mike - can you provide a clicky for Plan B?

Many thanks!

[Amethyst]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

Many thanks all. I have to now submit my defence. Can anyone point me in the right direction? I've not had any further contact from any party and certainly not received anything under my CCA request.

Mike - can you provide a clicky for Plan B?

Many thanks!

http://legalbeagles.info/santander-c...ew-misc-14-cc/

Did you send a CPR 31.14 request? If so you want to apply to get the court to order claimants to supply documents http://www.legalbeagles.info/forums/...ic-information

If not then you are relying on issues as in Santander v Mayhew and the lack of compliance with the CCA request you sent.

[MIKE770]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

Many thanks all. I have to now submit my defence. Can anyone point me in the right direction? I've not had any further contact from any party and certainly not received anything under my CCA request.

Mike - can you provide a clicky for Plan B?

Many thanks!

http://legalbeagles.info/santander-c...ew-misc-14-cc/ should help you also Paul was the fee earner on this case if I remember correctly.

[mystery1]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

I wouldn't be entering a defence.

http://www.legalbeagles.info/forums/...hlight=pikachu

http://www.legalbeagles.info/forums/...highlight=zhan

http://www.legalbeagles.info/forums/...highlight=zhan

M1

[JudgedBirch]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

Did you send a CPR 31.14 request?

No I didn't - only a CCA request to Arrow Global

[Amethyst]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

in that case I think you will have to defend based on non compliance with your cca request - lack of information in particulars etc

[JudgedBirch]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

I wouldn't be entering a defence.

Thanks M1 - so I just ignore everything? What else do I need to do?

[JudgedBirch]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

Copies of N1 and CCA response, for info: