Arrow/Restons claim

[Joseph66]

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?

[jaguarsuk]

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?

[Diana M]

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

[Diana M]

That said, it doesn't mean you can't win on a technicality.

Or even win on a point of law

Di