Please help! Defence due on Wednesday, just received reply from CCA/ CPR requests

[softcell]

Good morning!

I would be really grateful if anyone could help with this.

I received a court claim dated 10th January relating to an overdraft with BOS. The creditor is Arrow Global with the case being managed by Restons. The amount is under 2k and debt is not statute barred.

I acknowledged service on MCOL stating intention to defend in full.

In the POC they mentioned a 'contract' and 'assignment' so after getting some advice on here (thank you!) I sent off a CPR request to Restons relating to those items mentioned in the POC and a CCA request to AG.

I have received the responses as attached (identifying details blurred out).

I was wondering how I proceed from here and would really appreciate any guidance that can be offered.

Many thanks!

[jaguarsuk]

You will need to file a defence using the example here

The solicitors know fine well they will be required to produce the documentation in court and the fact they are going down the route of the Particulars of Claims having "sufficient" information to allow you to file a defence suggests they haven't currently got them.

[softcell]

jaguarsuk Thanks for your quick reply! Just checking as I want to make sure I get it right- does this defence example apply even though the amount being claimed is from an overdraft (ie not Loan/CC/Catalogue account). Thanks in advance

[Amethyst]

It may do if you renewed the overdraft each year. Do you know when the account defaulted ?

Any issues with that overdraft balance ( charges etc?) or simply a case of moving to a new bank and forgetting about it?

[jaguarsuk]

Are you in Scotland or England & Wales? Just checking because it's a Bank of Scotland overdraft.

[softcell]

jaguarsuk I am in England, sorry should have been more specific - although all correspondence all specifies 'Bank of Scotland' the overdraft was with Halifax

Amethyst I can't remember having to renew it each year but it is possible. The account defaulted some time in 2015 (I was out of the country at the time). There were certainly charges on the account, and I was also missold a packaged bank account (the account this claim relates to) which I wasn't sure whether or not to include as part of a defence.

[jaguarsuk]

Thanks for clarifying the circumstances and location.

The template can still be used, because the refusal of the Part 31.14 request by the solicitor means that you are unable to properly asses your position and form a complete defence. If this claim had been started at a local court they would have had to provide those and you are entitled as such to request to see them when they have filed a claim via MCOL.

I wouldn't include in the defence that you were missold the packaged account as the claimant Arrow aren't anything really to do with that, so will just brush it aside. I would certainly make a complaint to Halifax for the misselling of it though and Money Saving Experts explains more here

[softcell]

Thanks so much for all the help so far. I have amended the defence template to (hopefully) suit my case. If somebody has a couple of minutes I'd really appreciate if they could take the time to have a quick read over and suggest anything to add/ take out before I submit it.

Also:

For point number 3- Should I use the term 'agreement' as in the template or 'contract' which is mentioned in the POC? Also not sure about this section as I'm not sure if CCA is relevant as mentioned above (it could be but not sure).

For point number 4- Not sure whether to include this at all.

Thanks

[jaguarsuk]

I'd change 9 to: Restons Solicitors Ltd have refused to comply with my request and have not sent any of these documents to me.

I don't know about the CCA relating to an overdraft, Diana M will be able to help.

[softcell]

Thanks jaguarsuk have changed point 9 as per your suggestion.

Hi Diana M sorry to bother you I am about to submit my defence but not sure whether to include reference to CCA as the amount outstanding was from an overdraft. Also if you have chance to look over the defence attached I'm not sure whether to include Point 4 and whether in Point 3 I should use the term 'agreement' as in the template or 'contract' as used in the POC.

Thanks in advance!

[softcell]

Just wanted to let you know the outcome of this. I submitted my defence to the court, which basically was that I didn't have enough information to defend the claim, as I had requested it from the pareties involved and they responded that they did not need to provide it. The deadline for them to reply to this 'defence' passed, and I never heard anything from either them or the court.

3 months later, details of the default dissappeared from my credit file. Thanks to all here who helped, it is very much appreciated.

[Amethyst]

Have you received any notice of discontinuance ? you may well find that the case is simply 'stayed' ( on hold ) in the court system and Arrow could pick it back up at some point in the future. May be worth checking with the court. If that is the case, now would be a good time to settle for a reduced amount ( like 30% ) if you absolutely do not want to risk it becoming a CCJ in the future ( the claimant could apply to lift the stay and proceed IF they found documents and decided to ) As it was an overdraft the CCA doesn't really apply, except for the facility letters, so might have just fallen by the way side in their Admin and restructuring they're doing at the moment.

It is good that the default has gone from your credit file though - the account didn't default until 2015 did it so there's no reason for it to have fallen off the file so they must have removed it.

I'd be cautiously pleased at the moment. ( Sorry )

[softcell]

Thanks I haven't received notification of discontinuance so will get in touch with the court to confirm, but continue to be (cautiously) pleased. Thanks again

[Amethyst]

Sorry, feel like I pee'd on your chips there a bit xxx

Let us know what court say - if it is stayed, it could well remain stayed for the next few months or even years before the claimant does anything further so there is the option of applying to strike as an abuse of process but that does risk kicking the claimants back into action with the claim, and as it's an overdraft there's not really a definitive ' can't find the agreement, unenforceable ' argument to be had.