Restons / Arrow Global CCJ

[MsRed]

Re: Restons / Arrow Global CCJ

Ok write back to arrow global and tell them they are the creditor as per http://www.bailii.org/ew/cases/EWHC/QB/2012/2402.html and that if they continue to disagree then that would make you question their locus standi in the claim.

M1

Is this okay:

Dear Arrow Global.

Reference to your letter sent to me that I received on the 25th February, where you are refusing to accept that you are the creditor for the pursued debt via County Court.

I would like to advise you that you are and have presented yourself as the creditor and as per http://www.bailii.org/ew/cases/EWHC/QB/2012/2402.html if you continue to disagree then that would make me question you locus standing in the claim.

I expect you to comply fully and properly with the formal request sent to you on the 19th February 2014 for a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide request, within the statutory time limit (12 + 2 days) starting from the 20th February 2014.

Yours faithfully,

[mystery1]

Re: Restons / Arrow Global CCJ

Locus standi or standing either or but not a mix of the 2

M1

[MsRed]

Re: Restons / Arrow Global CCJ

Write to Restons and ask that they replead their case as their is insufficient pleadings to clearly outline the case against you and that in any case a firm may not sign the particulars of claim it must be the partcular employee of the firm who does so. Should they not rectify this within 7 days you will apply to have the claim struck out.

M1

And this one: Dear Restons Solicitors.

Reference to your letter received on the 22nd February stating that my CPR31.14(1) request does not apply I request that you replead your case against me (Case No.A8JA0571) as you have put forward an insufficient pleadings to clearly outline the case against me and that in any case a firm may not sign the particulars of claim it must be the particular employee of the firm who does so.

Should you not rectify this within 7 days I will apply to have the claim struck out.



Thanks..I really have no clue what I am doing here. sorry

[mystery1]

Re: Restons / Arrow Global CCJ

I'd also include a line that states

The claim, as you point out, has not been allocated and as such cpr 31.14 does apply as the claim is not a small track claim. If it is currently a small track claim that would negate the allocation process. Please comply with your cpr duties.

M1

[MsRed]

Re: Restons / Arrow Global CCJ

Okay emailed both off.. thank you.. will come back once I get a reply or if I don't get a reply from either.

Thanks x

[MsRed]

Re: Restons / Arrow Global CCJ

Hi.. I have not heard nothing back from either Restons and/or Arrow.. I emailed them both with the above on the 1st March, their CCJ claim was 28 days old on the 5th March - yesterday... what do I do now???

Thanksx

[mystery1]

Re: Restons / Arrow Global CCJ

Phone them up and ask for an extension.

M1

[MsRed]

Re: Restons / Arrow Global CCJ

Okay not good, they refused to extend it, refused that they needed to send me documents I had requested to the CPR 31.14

I had no idea what to say, she knew that... she kept asking me why I am defending it, why I requested the CPR 31.14

Urgh

[mystery1]

Re: Restons / Arrow Global CCJ

Well you have options.

1. Apply to the court to force compliance with the rules and hope to get the claim kicked out. £80 application fee and as always in litigation possible costs if you are unsuccessful .

2. Defend on the cca request failure. They can rectify this though.

3. Settle.

M1

[Mijasmom]

Re: Restons / Arrow Global CCJ

Hi all, Newbie here,
New to all of this and advise gratefully receved.
As many I had financial problems 4/5 years ago with MBNA and now having to deal with Arrow Global.
Had some very worrying times and tough decision's were made which am still dealing with.

I've been following this thread as I have exactly the same situation with Arrow Global/Restons.
CCBC claim was issued on 21/02/2014 and I sent in AOS 02/03/2014.

Does this automatically give me 28 days to prepare defence?

The POC are almost identical format as MsRed above ie;

"The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant and MBNA dated on or about 18/07/2008 and assigned to the Claimant on 28/06/2010 in the sum of 11,893.50.
Particulars a/c no: XXXXXXXXXXXX9329
Date Item Value
29/11/13 Default Balance 11893.50

Claimants are Arrow Global Ltd.

Requested CCA from Arrow Global on 03/03/2014 & response received was:

Dear...

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 n due course.

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

We return the payment of £1.00.

CPR sent to Restons on 03/03/14
Restons responded saying they do not reply to unsigned request!! Amazing as the POC was signed as Claimants Solicitor "Restons Solicitors Ltd"
I intend to resend CPR request with tamper proof signature.

Will reply to Arrow with the letter as detailed in this thread re "Refusal to accept they are Creditor"

When should I start submit documents in defence, or for claim to be struck off?

Thanks for advise. It really does help