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

[mystery1]

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

Screenshot from 2014-06-19 22:32:35.jpg

M1

[Amethyst]

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

ahhhh t'is your PDF viewer. Phew xx

[mystery1]

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

ahhhh t'is your PDF viewer. Phew xx

Ah well i've not used it for ages but had to dig the base unit out the cupboard until i manage to get back into my other one. Shouldn't try an upgrade on my last day off, d'oh.

M1

[panther12]

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

What an absolute waste of time that was. The droid on the phone was completely clueless and just kept banging on about the judge has made a decision & doesn't need to give a reason and then, after stating she wasn't legally trained, tried to argue that it was completely acceptable to send claim forms signed by the company and got quite shirty saying she didn't know what the problem was! I asked about cpr23.9 that was missing from the Order: (3) The order must contain a statement of the right to make an application to set aside^(GL) or vary the order under rule 23.10. I may as well have been talking to the cat as according to the operater if it's not mentioned in the order then you don't have a right to set aside or vary. A waste of half an hour kept on hold that I'll never get back. So much for CPR rules.

Think I should leave this for now and concentrate on the defence and may get the opportunity to bring this up at a later date in front of another judge when restons, true to form, will no doubt allow the claim to get stayed then make their application for summary judgment.

[panther12]

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

To update on this.
I complied with the Order to submit a defence. That was received 25 June and acknowledged by the court who seved a copy to other side and said they have 28 days to reply. Rang court last week for an update who said nothing has been received so claim is probably stayed. Not received any letter from claimant or the court but I've just logged onto MCOL and the status has changed from "your defence was received on 25/06/14" to "your claim was transferred to my local court on 14/08/14.

Will see if anything arrives in the post in the next day or two, so at the moment not sure if this will be Restons usual trick of applying to lift stay with SJ. Although they do normally write asking you to withdraw defence & complete the admittance form before making any application - although we've probably p****d them off that they decided not to bother writing to us!

[generic]

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

Hi Panther

Firstly well done on what looks like a diligent and well researched defence on this matter.

I am in a very similar situation to your own (a few months later than you though) and wondered if you had any update on your own court case? Is it still in limbo?

I am still at preparation of defence stage but will be following a similar tact to yourself.

Many thanks in advance :-)

[panther12]

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

Still plodding on. The claim was stayed due to no response from claimant. We then received a notice of transfer to our local court. Apparently this was because Restons buggered off and Arrow filed a notice of change (but no one has served notice on us). We have now received a notice of allocation to small claims track (hearing) with a date set for trial in November and the claimant to pay £170 hearing fee by 20 Oct. Court have advised we try mediation route which I have contacted mediation service to agree but not sure if Arrow have. I've invited Arrow to withdraw but they don't want to talk and ignore us. I also reported them to the court for their failure to serve notice of change as required by cpr 42.2 and therefore we had no idea who or where we should be contacting for the claimant and the address to be used for service. The court wrote back with the correct address for Arrow.

That's where we're at for the mo. If they don't want to talk will just have to see if Arrow pay the hearing fee in Oct.

[generic]

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

Restons buggered off and Arrow filed a notice of change

Thanks Panther, I will be keeping a close eye on this as I'm in the same situation with the same two clowns chasing me!

I imagine that Arrow don't fancy paying Restons to represent them for a proper fight - would much rather cut their losses and turn attention towards poor people who don't have the fight in them!

Best of luck with this mate, look forward to your next update!

[panther12]

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

No idea why Restons cut & run, think we must have upset Miss "tipytoes" Tipping. It's been a strange one alright, 3 Orders issued and now a hearing date set without any DQ's needing to be filed. At least Restons don't get to do their normal tactic of staying the case indefinitely then coming back with their usual trick of lifting the stay with an app for summary judgment + costs.

Not sure why but just noticed this thread has been moved to the Bryan Carter section, unless LB know something I don't lol.

[generic]

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

Thing is; Restons arent going to work for free - and when they (and their client Arrow Global Whatever) are up against someone who clearly knows their stuff and is able to put up a good fight they basically have to either back down or start carrying out lots of chargeable work and paying additional fees. If they & their client are not 100% sure of a victory against you then its not in the clients interest to carry on paying out.

They are better writing off the fees already paid to court for your case and carrying the fight on against someone who's going to roll over.

Can I be a bit dim and ask what your refer to as DQ's?

[Amethyst]

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

Not sure why but just noticed this thread has been moved to the Bryan Carter section, unless LB know something I don't lol.

lol, no just my brain being fuddled, sorryyyyyyyyyyyy will move you back xxx

[Amethyst]

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

Can I be a bit dim and ask what your refer to as DQ's?

Directions Questionnaire ??( N181 / N180 )

[panther12]

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

They are better writing off the fees already paid to court for your case and carrying the fight on against someone who's going to roll over.

We've given them a get out by inviting them to discontinue and in doing so we will forgo our entitlement to costs. They haven't got back to us so perhaps still considering it.

Can I be a bit dim and ask what your refer to as DQ's?

When a defence has been filed and the claimant informs the court that they still want to proceed, normally the court issue a directions questionnaire for both parties to complete and then it gets allocated to a track. Normally if the claimant doesn't reply within 28 days the case gets stayed. In this case the court lifted the stay and transferred it to our home court when Arrow filed a notice of change and the court have allocated it to small claims and set a date for trial without bothering with DQ's. If they don't pay the hearing fee I'll see about getting the case struck out.

[skilganon]

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

hi panther,

if they dont pay the hearing fee the court will strike out the claim anyway

the court may however give them more time to pay the hearing fee before striking out

[generic]

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

Hi Panther I wondered what happened with this claim in the end? If you remember I was in a similar situation with Restons / Arrow Global, they claimed then stayed the claim when I put them to strict proof on everything. Nothing happened for ages and then they applied to have the stay lifted. Once they did this I applied to have their claim Struck Out on grounds of no evidence / no merits to claim - hearing for both parties applications is set for the end of this month. Did you ever get any closure on your case?