• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Arrow/Restons claim

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Arrow/Restons claim

    Hi please advise. I've received a county court claim from Restons regarding a debt managed by Arrow. Restons first contacted before Christmas and I sent a cpr18 request but also set up a payment and sent my in own financial statement to justify the amount. I did this as having previous experience of Restons I wanted to avoid court. I think I was hoping that if they were in receipt of payment they wouldn't go to court. However, they have now initiated proceedings. What is my position now? Should I defend or are my payments an admittance of debt? If I admit, how tough are courts on the amounts required for repayment?
    Tags: None

  • #2
    Paying is admitting debt because one wouldn't repay something if they don't owe it.

    That said, it doesn't mean you can't win on a technicality. It would be really helpful if you could post a copy of the claim form (just cover up the personal info), but if you don't know how or would prefer someone do it for you the Katy can help.

    First step is to Acknowledge the Claim, just because you say on it that you intend to defend in full it doesn't mean you can't then change your mind later. All it will do is buy time to allow you to write to Restons for documents etc. Here's a guide: http://legalbeagles.info/library/gui...ledge-a-claim/

    Do you know what the debt is for? When was it taken out?
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

    Comment


    • #3
      Originally posted by Joseph66 View Post
      I've received a county court claim from Restons regarding a debt managed by Arrow. Restons first contacted before Christmas and I sent a cpr18 request but also set up a payment and sent my in own financial statement to justify the amount. I did this as having previous experience of Restons I wanted to avoid court. I think I was hoping that if they were in receipt of payment they wouldn't go to court. However, they have now initiated proceedings. What is my position now? Should I defend or are my payments an admittance of debt?

      You say you sent a CPR 18 Request to Restons before Christmas but that would only be applicable after a claim has been issued.

      Did Restons send you a 'Letter Before Claim' prior to issuing the proceedings? They're supposed to do that under the new Pre Action Protocol introduced on 1st October 2017?

      What is the debt such as a credit card, loan, overdraft, catalogue account, utility or mobile phone bill etc ? And how much is Arrow claiming?

      It may make sense to send Arrow a s 77-79 CCA Request immediately to see if the debt is enforceable in court before you decide how to manage the ongoing situation.

      The important thing now is to go online at MCOL and tick the box which says you intend to defend all of the claim in the Acknowledgement of Service section. Don't put anything in the "Defence" box which is any easy mistake to make. You need to file your AOS within 19 days of the claim Issue Date (top right on the claim form). You will then have 33 days from the claim Issue Date to file your Defence.

      Depending on how things progress you may get the opportunity to settle this with free telephone Mediation which is not a CCJ but it is legally binding on both parties, if that's what you want to do.

      Take it one step at a time.

      Di

      Comment


      • #4
        Originally posted by jaguarsuk View Post
        That said, it doesn't mean you can't win on a technicality.

        Or even win on a point of law

        Di

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

        Announcement

        Collapse

        Support LegalBeagles


        Donate with PayPal button

        LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

        See more
        See less

        Court Claim ?

        Guides and Letters
        Loading...



        Search and Compare fixed fee legal services and find a solicitor near you.

        Find a Law Firm


        Working...
        X