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arrow~restons court action tomlin order

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  • carlos09
    commented on 's reply
    Re: Arrow / restons northamton county court claim

    ok just read that.......i havent had any statement from arrow...i have been through all of my letters

  • carlos09
    commented on 's reply
    Re: Arrow / restons northamton county court claim

    what should i do mike ?

  • MIKE770
    commented on 's reply
    Re: Arrow / restons northamton county court claim

    usual letter they send out

  • carlos09
    commented on 's reply
    Re: Arrow / restons northamton county court claim

    Thanks guys. I have had a email today from restons. And I have spoke to Payplan and they are pretty sure I'm going to get a ccj

    This is the letter



    Dear Sir,

    Re: Arrow Global Guernsey Limited v. Yourself
    Claim Number..............
    Original Creditor and Product Type: MBNA - Credit Card

    Thank you for your recent e-mail.

    Your Defence to these proceedings was that you were not in receipt of the Credit Agreement. Now that you have been provided with a copy of the same, we would be grateful if you could now confirm that you are willing to withdraw your Defence by completing and returning the enclosed Form of Admission (N9a) within 14 days.

    In the absence of your completed Form of Admission, our instructions are to make an application to have your Defence struck out, and seek an order whereby you pay the legal fees and costs associated with that application.

    We look forward to hearing from you further.

    Yours faithfully,

    Mr A Liptrot
    Paralegal

  • sloane82
    commented on 's reply
    Re: Arrow / restons northamton county court claim

    When was the card opened as it looked like you would have had ppi on the account, and if you were in financial difficulty the bank, should have helped, you when you had your problems, I would get an subject access request for £10 and have a look through everything.

  • Diana M
    commented on 's reply
    Re: Arrow / restons northamton county court claim

    Originally posted by carlos09 View Post
    should i of had some form of statement each year from arrow?
    Yes you should.

    Read section 86(c) CCA and the sanctions for non compliance in section 86E(5) CCA :
    http://www.legislation.gov.uk/ukpga/...d-default-sums

    In short, there's more than one way for a debt to be 'unenforceable'

    Di

  • Diana M
    commented on 's reply
    Re: Arrow / restons northamton county court claim

    Originally posted by carlos09 View Post
    we couldnt pay. but we are now back paying payplan as normal .
    If you've started to make payments after the claim was issued the court may consider that as an admission of the debt which could result in a CCJ.

    What did PayPlan say about this issue when you told them?

    Di

  • Kati
    commented on 's reply
    Re: Arrow / restons northamton county court claim

    Originally posted by Diana M View Post
    I'm reading back through your thread and I can see that you started another thread on the same claim which hasn't yet been merged with this one. Why not ask @Kati to merge them for you.

    Di
    done xx

  • carlos09
    commented on 's reply
    So I have sent of cca request to arrow and also filled in the form online with northamton county courts. At the moment the court case is on hold because of my cca request.

    I received a letter from restons this morning stating that once they have received info I require they will strike my defence out of the water and ccj me for the whole costs in one go.
    I haven't got the £2136 to give

    What do I do now ?

    Thanks Carl

  • carlos09
    commented on 's reply
    Re: Arrow / restons northamton county court claim

    i just wanted to add that i have paid all my payment up until a few months last year when my wife was made redundant and then the tax credits stopped hence why we couldnt pay. but we are now back paying payplan as normal .

    just out of interest should i of had some form of statement each year from arrow?

  • MIKE770
    commented on 's reply
    Re: Arrow / restons northamton county court claim

    claim stayed then sit back for now

  • Diana M
    commented on 's reply
    Re: Arrow / restons northamton county court claim

    Originally posted by carlos09 View Post
    I can't add anything on the money claim website either
    What do you want to add?

    You've filed your Defence and the claim is stayed.

    Di

  • Diana M
    commented on 's reply
    Re: Arrow / restons northamton county court claim

    Originally posted by carlos09 View Post
    Arrow / restons northamton county court claim

    So I have sent of cca request to arrow and also filled in the form online with northamton county courts. At the moment the court case is on hold because of my cca request.

    I received a letter from restons this morning stating that once they have received info I require they will strike my defence out of the water and ccj me for the whole costs in one go.
    I haven't got the £2136 to give

    What do I do now ?

    arrow have now come back with a signed agreement. I havent got £2136 to pay as I'm in a debt management plan. What can I do ?
    The claim is currently stayed so you don't have to do anything.

    If the Claimant wants to revive it and continue with these proceedings then they'll have to make an application to the court to lift the stay.

    It seems their preferred option is to scare you into withdrawing your Defence so that you'll get a CCJ and then they can go for a charging order on your home if you own it.

    That's not a very attractive option!

    You say Arrow has now sent you a signed credit agreement, but does it have all the prescribed terms and the Ts & Cs that should have been present when you signed it?

    Sending you a piece of paper doesn't necessarily mean they've complied with all the statutory stuff.

    What about the Default Notice? I assume you asked for that in your CPR 31.14 Request.

    If they do continue with these proceedings the court will send you a Directions Questionnaire where you'll be given the option to tick the box for free telephone Mediation if that is appropriate and you want to settle.

    Don't let that horrid letter spoil your weekend

    Di

  • Diana M
    commented on 's reply
    Re: Arrow / restons northamton county court claim

    Originally posted by Diana M View Post
    I see you've started a new thread which may relate to this same claim.

    If so, it may help you to keep everything in the same place so that anyone helping can look back at the history of the claim when you post an update



    Link > http://legalbeagles.info/forums/show...404#post706404

    Di
    I'm reading back through your thread and I can see that you started another thread on the same claim which hasn't yet been merged with this one. Why not ask [MENTION=49370]Kati[/MENTION] to merge them for you.

    Di

  • MIKE770
    commented on 's reply
    Re: Arrow / restons northamton county court claim

    Rectums nonsense letter they send out to unsettle you = the dirty debt collection agency tactics - bit like the way the people get treated by over paid wallas in business/parliament

    - - - Updated - - -

    Originally posted by carlos09 View Post
    I can't add anything on the money claim website either

    MCOL@hmcts.gsi.gov.uk and ensure you quote “Claim response”

    or lodge claim response to:-

    ccbcaq@hmcts.gsi.gov.uk

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