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

[panther12]

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

The application was referred to a DJ on Friday for directions. Can take aprox 3-4 weeks to receive the outcome.

In the meantime, although Restons did send a copy of a purported Agreement, we've never requested one via the CCA route so sent a request to Arrow (the claimant in this action and who claim to be assigned the debt).

Received over the weekend what appears to be their standard reply to such requests:

"We thank you for your recent letter and acknowledge your request for documentation pursuant to the Consumer Credit Act 1974.

We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course.

We confirm that all collection activity will be suspended pending provision of the documents.

We return the payment of £1.00."

Interesting that they don't accept to be the creditor under the Act but claim to have all the rights and benefits as sole claimant. Think it's a bit late to suspend all collection activity when a claim has already been issued.

[mystery1]

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

http://www.bailii.org/ew/cases/EWHC/QB/2012/2402.html

Idiots.

M1

[panther12]

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

We rang the court to enquire about the application and was told the DJ had made a decision on Friday and it is in the post. He read it out over the phone, can't remember the exact words but something like: it is ordered the claimant verify the statement of case with a statement of truth pursuant to cpr22 by 11 April or the claim is struck out. The claimant pay the costs of the application.

I didn't think the court would strike it out but I guess that's still a result. Easily rectified for them but goes to show don't let these so-called professional solicitors walk all over you. I bet Restons will be spitting feathers and perhaps in future will now comply with the rules regarding statements of truth.

Will wait for the order in the post but my next question is are we entitled to just the application fee back, or the fee plus costs in research & preparing the application at LiP rates of £18 p/h?

[mystery1]

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

We rang the court to enquire about the application and was told the DJ had made a decision on Friday and it is in the post. He read it out over the phone, can't remember the exact words but something like: it is ordered the claimant verify the statement of case with a statement of truth pursuant to cpr22 by 11 April or the claim is struck out. The claimant pay the costs of the application.

I didn't think the court would strike it out but I guess that's still a result. Easily rectified for them but goes to show don't let these so-called professional solicitors walk all over you. I bet Restons will be spitting feathers and perhaps in future will now comply with the rules regarding statements of truth.

Will wait for the order in the post but my next question is are we entitled to just the application fee back, or the fee plus costs in research & preparing the application at LiP rates of £18 p/h?

All costs

It was a no brainer for the judge. I wonder what he thought when he saw your application.

M1

[panther12]

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

Cheers M1, will get working on that.
I'm guessing the DJ thought well done for someone actually bothering to challenge a statement of truth. Must have spent hours researching this topic and read some law articles where the judge had commented about the casual attitude that some legal reps have over the statements of truth. We didn't want to complicate things so just based the application on the non verified statement of truth. The issues were simple so didn't think a witness statement or hearing would be necessary as the N244 was self explanatory.

In box 3 (What order are you asking the court to make and why) we put:

The Claimant's statement of case in this action do be struck out pursuant to CPR 22.2 (2) because the statement of case has not been verified with a statement of truth pursuant to CPR 22.1 (6)(ii) and Practice Direction 3.10.

In the alternative, an order that unless within such period as the court may specify the statement of case is verified by the service of a statement of truth, the statement of case will be struck out.

Costs of the application be paid by the party who had failed to verify and forthwith.

Box 10 (What information will you be relying on in support of your application)
Tick: the statement of case - the evidence set out in the box below.

I am the Applicant and Defendant in this action having received a claim form from Restons Solicitors Limited acting for their client Arrow Global Limited, the claimant. The statement of case has not been verified with a statement of truth in accordance with CPR. The Defendant brought this to the attention of the Claimant’s solicitors and referring them to the appropriate CPR and Practice Directions, which clearly state at PD paragraph 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.”

As it stands no individual is accountable for the accuracy or otherwise of the Claimant’s statement of case and the Defendant invited the Claimant’s solicitors to replead its client’s case in the appropriate manner confirming its contents with a verified statement of truth as to the requirements of CPR and signed by an authorised person with knowledge of the facts to allow the statement of case to stand as evidence.

The Claimant’s solicitors have refused to verify the statement of truth and the Defendant seeks an order that the statement of case be struck out.

[Amethyst]

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

it is ordered the claimant verify the statement of case with a statement of truth pursuant to cpr22 by 11 April or the claim is struck out. The claimant pay the costs of the application.

That's brilliant, well done panther and well done Mystery1


Did you do a CPR 31.14 app at the same time? (sorry I read back but couldn't see)

[panther12]

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

Hi Amethyst.
For the app we just concentrated on the non verified statement. From research into how this firm of solicitors work it appears that there modus-operandi is to allow any defended claim to get stayed then some weeks/months down the line will then send some extra info and make out the defendant has no defence so pay up otherwise they apply to lift the stay with strike out or summary judgement with the threat of costs and barrister fees to attend a hearing if you refuse. They appear to do this on every defended case which I think is an abuse of the system as the small claims is designed as a low cost way of resolving disputes without the heavy costs burden, but they appear to use the system as a weapon to intimidate settlements or be faced with £1k+ in legal & counsel costs should we dare to stand firm and not give in to their threats. I think they should be reported to the SRA for their underhand working practises.

[Amethyst]

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

Ahh, hence the tactic to have them struck out early on which gives you the upper hand. Good plan. I don't particularly like Restons. They were heavily involved in the HFC/HSBC collection charges that the OFT kyboshed, AND they aided HFC to obtain a charging order over my home back in 2006. So I hope you do get one over on them. We'll have to keep an eye on future claims to see if they do start signing them properly.

[panther12]

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

You'd have thought that a firm of sols who obtained over 6640 Charging Orders last year alone and boast to be one of the country’s top five issuers of Attachment of Earnings would know how to complete a simple claim form. Miss Tipping appears to revel in causing as much misery as possible to debtors and the name behind a lot of their correspondence, although I suspect she learned a few "tricks of the trade" in her previous employment at Avalon Solicitors working with corrupt and bent solicitor Andrew Nulty. http://news.bbc.co.uk/1/hi/england/8028843.stm It says a lot about a person who allowed themselves to be associated with people who preyed on and took advantage of the sick & disabled.

[panther12]

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

Time for a little update on this, and thanks to M1 :-)
To recap, the claim form was not signed by an individual and restons stuck 2 fingers up to our request asking them to sign it.

We got an Order from the court stating the claimant had to verify the claim with a statement of truth as per CPR 22 or the claim is struck out; Also to pay our costs.

Well this didn’t go down well with Restons as unbeknown to us they made an application to set aside the Order. It was only after enquiring with the court that we were made aware of this application and the case had been referred back to a DJ and advised to await the decision.

We have now received the decision from the court:

Application to set aside Deputy District Judges order of 28/03/14 is refused.

The claimant is referred to CPR PD 22, 3.10. The claim form was not verified by the Claimant’s solicitor signing in his own name (or inserting his own name in the case of an electronic submission).

[ncf355]

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

They'll learn....... Eventually!

[panther12]

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

Although this may be academic now that the court have refused Restons set aside application, but looking at the copy of the N244 application notice that the court enclosed with the Order, although the Statement of Truth section is signed by hand by an individual (Laura Tipping), Section 11 (signature & address details) is signed with the handwritten words "Restons". I am not sure if section 11 can be signed in the name of a company (and begs the question how can an inanimate object sign anyway) but is obvious to me, and no doubt the Judge who looked at it, that Miss Tipping was trying to be too clever for her own good. Having already had one Order against them for this behaviour, she obviously has a problem following basic court rules & procedures.

[panther12]

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

Not heard anything more since the second Judges Order when he refused Restons set aside application. Gave the court a ring to see if there were any updates. They said it looks like Restons are challenging and have wrote back to the Judge to ask for directions (whatever that is). Couldn't really tell me anymore other than will have to wait for another order or letter from the court/Judge. Onwards and upwards we go.

[mystery1]

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

Wow, they really are stubborn feckers. It's a shame the rules are so clear and they are wrong.

M1

[panther12]

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

True M1. If a little ol' LiP with no formal legal qualifications can understand them it's hard to understand why a Chartered Legal Executive should have such a problem complying with the basics of issuing a claim form. According to Miss Tipping, because proceedings were issued electronically via the CCBC it is impossible for a person to physically sign the claim form in their own name. I don't think she can grasp the fact that the rules are not asking her to "physically" sign.

We did prepare a Witness Statement in anticipation of Restons shenanigans and may get to use it after all.