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

[panther12]

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

We've now heard from the court and it's not good news I'm afraid. The last Judges order refused restons set aside application and when I spoke with the court they informed me that restons had wrote back asking for directions and to await the outcome. Well we've now received the 3rd Order from the court and restons have finally got their way.

The Order of the two previous Deputy Judges is set aside.

Unless by 4pm on 30th June the defendant files & serves a fully pleaded defence to the claim, the claimant be at liberty to enter judgment in this claim and for the interest & costs as pleaded.

The above is all that is stated on the Order and no explanation as to why this judge has decided to set aside two previous judges orders. With the other Orders there was at least a brief explanation why the judge made the Order but nothing with this one. Also, unlike the other 2 Orders, there is no note stating that the order has been made without a hearing and giving the parties 7 days to apply to set aside or vary the order.

Seems unfair that we don't even get to know what the claimant submitted to the court and the opportunity to rebut or even a one line explanation as to why this Judge disagreed with two previous Judges. What kind of justice system is this when all a solicitor has to do if he doesn't like a decision is keep referring it back to courts until they eventually find a judge to order in their favour.

[Amethyst]

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

Bummer. I'll let M1 comment on that further.


So you have 10 days ish to get a defence sorted and filed now.

Have you submitted any other defence (do you have another defence) other than the technical aspect with the signature?

[panther12]

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

We were a little unsure what to do about the defence but as a precaution so they wouldn't get default judgement while the application was ongoing we did submit a defence at the time via mcol. I can login & view the defence which says submitted on 07/03/14. When I click on the defence tab it shows the defence but says "Document Status: Requested" so I don't think it was passed on to the claimant while the n244 application was ongoing.

I don't know if we now need to submit another defence as per the Order, or if they will now process the one already submitted. This is what we put in the original defence via mcol:

1) The claim as pleaded does not contain sufficient particulars
to permit me to file a properly particularised and pleaded
defence. Further, the statement of case as issued by the
Claimant’s instructed solicitors, Restons Soliciotrs Limited, has
not been verified with a statement of truth as required by CPR 22
which clearly states at Practice Direction 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.

2) The Defendant sought clarification and invited the Claimant’s
solicitors to replead its client’s case in an appropriate manner
and to confirm its contents with a verified statement of truth as
to the requirements of the Civil Procedure Rules. In response
the Claimant’s solicitors’ refused and as it stands no individual
is accountable for the accuracy or otherwise of the Claimant’s
statement of case.

3) To address the points that are mentioned in the Claimant’s
vague particulars, it is admitted the Defendant had banking
facilities with EGG and is averred that if any agreement exists
that the aforesaid agreement would be a regulated agreement
within the terms of the Consumer Credit Act 1974 (the Act). It
is not admitted that any alleged agreement is enforceable within
the terms of the Act and the Claimant is put to strict proof that
the aforesaid agreement was properly executed and has been
enforceable at all times since its inception.

4) The Claimant alleges a default balance of £1552.73. The
Defendant has no knowledge of the service of a Default Notice and
the Claimant is put to strict proof as to the content and service
of any such alleged Default Notice.

5) Further and in the alternative it is not admitted that the
sum claimed is lawfully owing. The Claimant is put to strict
proof as to how the sum claimed has been calculated and as to how
it is asserted that the sum claimed is contractually owing.

6) The Claimant alleges the account was assigned to them by Egg
on the 10/05/2011, yet no details relating to the assignment are
offered or pleaded despite a request for disclosure by the
Defendant pursuant to Part 31 of the Civil Procedure Rules.

7) If the Claimant is an assignee of a debt, it is denied that
the Claimant has the right to lay a claim due to contraventions
of Section 136 of the Law of Property Act and Section 82A of the
Consumer Credit Act 1974.

8) As per Civil Procedure Rule 16.5(4), it is expected that the
Claimant prove the allegation that the money is owed, I have
previously requested this information and am still awaiting the
Claimant to furnish the documents it relies upon.

9) By reason of the facts and matters set out above, it is
denied that the Claimant is entitled to the relief claimed or any
relief at all.

10) The Defendant respectfully asks the permission of The Court
to amend this defence if or when the Claimant provides the
information requested.

[Amethyst]

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

Okay that's good. I do think it needs resubmitting for this new order as the issue of the signature has been dealt with (apparently, although we don't know how or why).

You have had a copy of the CCA from restons, no default notice or assignment though? Have you posted up the CCA?

[panther12]

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

Thanks Amethyst. No we have never received a DN or NoA. This is what restons sent in reply to our 31.14 request.
CCA.pdf

[panther12]

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

This is also a copy of a letter from restons regarding the DN & assignment. And now I've got the hang of posting attachments here's a copy of the 3 court Orders.
court orders.pdf
letter1.pdf

[Amethyst]

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

Okay CCA looks fine to me.

So you're just on notice of assignment and default notice by the sounds of it. Personally I don't think that is enough.

Any other issues with the debt?

[mystery1]

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

Wow, really ? That's just taking the piss. Why bother having rules ?

Just because the Judge didn't mention variation doesn't mean you can't

http://www.justice.gov.uk/courts/pro...s/part23#23.10

Don't know whether you wish to do that or defend now. The CA is not "easily legible" by the look of it so the s77 request, if made, has not been complied with.

M1

[Amethyst]

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

How is the CCA not easily legible?

[mystery1]

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

There are lines that are clearly unreadable throughout what i'm looking at.

M1

[Amethyst]

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

Sorry M1, still not with you on that. The PDF? http://www.legalbeagles.info/forums/...0&d=1403171614

[skilganon]

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

i have a sneaky suspicion that M1 maybe looking at the agreement for the carter/lowells case in another thread, if that is the case i can see his point of view if that is not the case:tape:

[panther12]

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

I'll give the court a ring tommorow and see what they say as I think it's disgusting behaviour to send that Order without any reason or clarification for the decision to overturn two previous judges and without having sight of anything that restons may have sent. Will see what they say first but I'm very tempted to continue.

[mystery1]

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

Sorry M1, still not with you on that. The PDF? http://www.legalbeagles.info/forums/...0&d=1403171614

Pages 2 & 3 have lines which are way beyond "easily legible".

M1

[Amethyst]

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

Pages 2 & 3 have lines which are way beyond "easily legible".

M1

Blimey M1, which lines? It's all clear as day to me, and I tried squinting in an odd manner and I can still read it. Or are we talking round the houses ref PIL ? Or do you need to go to specsavers ?