CCBC Claim form received from Arrow / Restons Re: Egg loan

**mystery1** · 8th February 2014, 20:18:PM

Re: CCBC Claim form received from Arrow / Restons Re: Egg loan

You should ask the claimant to replead the case and it should be verified with a statement of truth. If they refuse lodge an application to strike out the claim.

CPR 16 and practice direction 16 as well as PD 22 and CPR 22.1

M1

**panther12** · 9th February 2014, 12:29:PM

Re: CCBC Claim form received from Arrow / Restons Re: Egg loan

Thanks M1. The box below the PoC does contain "The Claimant beleives that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement". The signature is printed "Restons Solicitors Limited".

The PoC on the form is exately as I posted, have they not complied with the proper procedure. They do mention the contract and asignment (debtor has never received a NOA) so was going to request these under CPR but do you think asking them to replead should be our first move.

**mystery1** · 9th February 2014, 13:02:PM

Re: CCBC Claim form received from Arrow / Restons Re: Egg loan

http://www.justice.gov.uk/courts/pro.../pd_part22#3.1

3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.

http://www.justice.gov.uk/courts/pro...es/part22#22.2

Failure to verify a statement of case
22.2
(1) If a party fails to verify his statement of case by a statement of truth –
(a) the statement of case shall remain effective unless struck out; but
(b) the party may not rely on the statement of case as evidence of any of the matters set out in it.
(2) The court may strike out(GL) a statement of case which is not verified by a statement of truth.
(3) Any party may apply for an order under paragraph (2).

Replead 1st, ask by phone. As it's quite a low amount of claim, making them work and racking up costs might make them decide it's not worth it. (far from guaranteed).

As always for a litigant in person, never threaten to do something if you won't follow through as you'll come over weak and they'll try to take liberties with you.

M1

**panther12** · 9th February 2014, 19:56:PM

Re: CCBC Claim form received from Arrow / Restons Re: Egg loan

That is very interesting. I've had a look at threads from other posters who have posted their claim form from Restons and their PoC's are very much the same template design that restons use and all have the same signature signed by "Restons Solicitors Ltd". I guess no one has challenged on this point before. I will certianly ask them to replead but if they ignore or refuse do you think a court would consider an application to dismiss their claim based just on the sigature point, or likely to class it as a minor oversight and allow.

**mystery1** · 9th February 2014, 20:15:PM

Re: CCBC Claim form received from Arrow / Restons Re: Egg loan

They shouldn't. There are specific rules and they ignored them.

This signature has major consequences i.e. nobody would be accountable for non truths and potentially be in contempt of court whereas courts have held that what i would call trivial issues were ruled against the wrongdoer http://civillitigationbrief.wordpres...ng-disallowed/

M1

**mystery1** · 9th February 2014, 20:21:PM

Re: CCBC Claim form received from Arrow / Restons Re: Egg loan

Of course when asking to replead one should not just attack on the signature. the pleadings are also poor. It doesn't mention CCA doesn't say if a contract/agreement was breached or whether the whole sum became due because the contract has ended. In short it discloses no cause of action. The pleadings are a nonsense.

M1

**panther12** · 10th February 2014, 09:19:AM

Re: CCBC Claim form received from Arrow / Restons Re: Egg loan

Thank you M1
I'm going to get cracking on this today and think it best to put it in writing to Restons (with the intention that I can attach a copy to the court with the application should Restons choose to ignore). We will add the other points you mention but was also wondering if we should also incorporate it within a CPR 34.14 request based upon what is mentioned in their claim (contract, NOA & default notice). Just thinking that a strike out application might look more favourable to the court if detailed with all Restons breaches including failure to provide requested docs.

**mystery1** · 10th February 2014, 11:21:AM

Re: CCBC Claim form received from Arrow / Restons Re: Egg loan

Well you can't say on one hand that the particulars of claim are invalid and also use another rule to effect something based on them.

There is nothing to be gained by writing to them. It takes to long, it gives them a chance to blame an administrative error and the royal mail do lose things. Use the phone. Email any coversation to them which can then be used against thm in court.

M1

**panther12** · 10th February 2014, 17:31:PM

Re: CCBC Claim form received from Arrow / Restons Re: Egg loan

May I run this past you as what I was thinking of sending. I'm not as confident on the phone and if poss would prefer deal in letter / email.

I am in receipt of a claim form dated 05 Feb 2014 issued by you out of the Northampton County Court Bulk Centre. It is unfortunate that your client has chosen to go down the litigation route and ignore previous attempts of resolution to bring this matter to an amicable conclusion for all parties. As such, I am now forced to deal with the issues on a formal basis and within the guidelines laid down by the courts, which will undoubtedly involve further time and costs incurred for all parties and which I feel could have been avoided with a bit of cooperation from your client.

Moving on to the claim form as issued, I bring to your attention serious flaws within your claim form which need to be addressed before continuing with any claim. As a solicitor I am sure you are fully conversant with the courts procedures including CPR and Practice Directions yet seemingly allowing claims to be issued with apparent disregard to the rules laid down by the courts.

If a litigant wishes to rely on matters set out in his claim as evidence, it must be verified by a statement of truth. I refer you to CPR Practise Direction 22 paragraph 3.10.

3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.

A solicitor may sign a statement of truth confirming that his client believes in the truth of the document in question. The solicitor should sign in his own name and not that of the firm.

The solicitor's signature should mean that he has the client's authority to sign, that he has explained to the client that he will be confirming the client's belief in the truth of the statements concerned, and that the consequences of a false statement have been explained.

I consider your failure to comply with the Statement of Truth to be a serious breach and certainly not de minimis, should you try to claim otherwise. This has major consequences: i.e., nobody would be accountable for non-truths and many judges are increasingly concerned at the casual attitude sometimes shown towards statements of truth.

I further refer you to CPR 22.2

Failure to verify a statement of case
22.2
(1) If a party fails to verify his statement of case by a statement of truth –
(a) the statement of case shall remain effective unless struck out; but
(b) the party may not rely on the statement of case as evidence of any of the matters set out in it.
(2) The court may strike out a statement of case which is not verified by a statement of truth.
(3) Any party may apply for an order under paragraph (2).

Notwithstanding the above, I am further concerned by the apparent lack of clarity within the claimant’s statement of case. From my own findings it would appear that the pleadings as laid out on the claim form are of a template design similarly used and adopted by Restons Solicitors for the majority of issued claims of this nature. As such, the pleadings are poor and fail to mention if the contract is governed under the Consumer Credit Act, or if the contract/agreement was breached or whether the whole sum became due because the contract has ended. In short it discloses no cause of action.

I appreciate that the claim as issued is a Bulk Centre claim, however, the rules on pleading still apply to claims issued out of the Bulk Centre and furthermore the Bulk Centre rules and guidelines clearly state that if you cannot properly particularise the claim in 1024 characters then you should not use the Bulk Centre to issue the claim.

If your client wishes to continue with formal litigation through the courts in favour of adopting the more sensible approach to try and reach mutual agreement between the parties, I invite the claimant to re-plead its case pursuant to CPR 16 setting out concisely all facts upon which it seeks to rely. In addition, the statement of case to be verified by a statement of truth signed by a person with knowledge of the facts to allow the statement of case to stand as evidence.

I look forward to hearing from you shortly and in any event before the expiration of the timeframe allowed by the courts for me to respond to this claim form. If I do not hear from you, you will leave me with no alternative but to make an application to the court to strike out the statement of case, with costs associated for such application.

Yours faithfully

**panther12** · 15th February 2014, 14:16:PM

Re: CCBC Claim form received from Arrow / Restons Re: Egg loan

Having read other recent threads regarding Restons, they certainly do play dirty. We sent a cpr request for the agreement, NoA and Default Notice which is aluded to in their poc and have received their reply. They did enclose a copy of the Egg agreement, which I new they had as they had sent a copy in previous correspondence. Regarding the Noa & DN they say it's not mentioned in the poc so does not come under CPR 31.14. I find this strange as their poc does mention the agreement was asigned and does make reference to a "Default balance".

They have also requested £1 from us for providing the agreement as the cpr request stated we would pay their reasonable costs to provide documents. Their breakdown is 10 pages @ 10p per page. They could have used both sides of the paper for 50p!

They certainly do like to play hard ball and would appreciate any help on which way to attack this. The main arguments as I see them are that we have never denied an agrrement existed with Egg, however do dispute that Arrow have any entitlement and standing in this case as claimant and we have never received a NoA or default notice.

**mystery1** · 15th February 2014, 15:32:PM

Re: CCBC Claim form received from Arrow / Restons Re: Egg loan

Well not getting these documents is good for you. They are both required. However it is hard to prove a negative. Now obviously they would have to convince the court on balance that both were sent before it becomes your problem to convince them that they were not received. 50.00001% is enough. Some judges are very hard to sway as a filthy debtor whilst others are open minded and as neutral as they should be.

M1

**panther12** · 17th February 2014, 11:28:AM

Re: CCBC Claim form received from Arrow / Restons Re: Egg loan

Not sure if it's allowed to post links to the other forum but during my research into Restons I came across this thread, rather long but gives an insight into the workings of this firm of solicitors. Not a nice bunch to deal with!
http://www.consumeractiongroup.co.uk...ot-Help-Please

**FlamingParrot** · 17th February 2014, 13:20:PM

Re: CCBC Claim form received from Arrow / Restons Re: Egg loan

Originally posted by panther12 View Post

Not sure if it's allowed to post links to the other forum but during my research into Restons I came across this thread, rather long but gives an insight into the workings of this firm of solicitors. Not a nice bunch to deal with!
http://www.consumeractiongroup.co.uk...ot-Help-Please

Yes, you are allowed to post links to other forums, LB is not like other sites (including the one in question), where links are often blocked.

Many threads are too long and it just wouldn't be practical to C&P the whole thing! :nono:

You are absolutely right about Restons, they are one of the most aggressive firms around, although when it comes to dirty tricks, I'd say they've lost out to Bryan Carter.

**mystery1** · 17th February 2014, 14:00:PM

Re: CCBC Claim form received from Arrow / Restons Re: Egg loan

Originally posted by FlamingParrot View Post

Yes, you are allowed to post links to other forums, LB is not like other sites (including the one in question), where links are often blocked.

Many threads are too long and it just wouldn't be practical to C&P the whole thing! :nono:

You are absolutely right about Restons, they are one of the most aggressive firms around, although when it comes to dirty tricks, I'd say they've lost out to Bryan Carter.

Which is why the first thing anyone should do is say "oi asshole the particulars of claim ain't signed, getting it sorted"

M1

CCBC Claim form received from Arrow / Restons Re: Egg loan