Arrow Global & Restons Solicitors Court Summons - guidance wanted

[JudgedBirch]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

in that case I think you will have to defend based on non compliance with your cca request - lack of information in particulars etc

Thanks for your help, Amethyst! Any standard response template anywhere?

[JudgedBirch]

Default CCJ issued - how to Set-Aside? [Arrow Global/Restons]

In February I received an N1 for a debt assigned to Arrow Global via Restons Solicitors. I immediately responded to Arrow Global requesting a copy of the credit agreement under the terms of the CCA, together with a breakdown of charges and interest. Arrow Global responded saying
"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 confirm that all collection activity will be suspended pending provision of he documents."
The requested documents have never been provided. Out of the blue this week I received a default CCJ.

I think I have good grounds for a set-aside of this judgement, but I want to make sure I do it correctly. How should I fill out the N244??

[Amethyst]

Re: Default CCJ issued - how to Set-Aside? [Arrow Global/Restons]

Hiya

Thank you for posting.

Yes I think you have a good reason to set aside the Judgment. The court claim was bought by Arrow with Restons acting for them, so were fully aware the account was in court.

This is your original thread http://www.legalbeagles.info/forums/...966#post417966

It looks like we didn't pick up that you were relying on their letter and not entering a defence

I'll merge the threads together then we can work on the setaside application - here's some info to get you started http://www.legalbeagles.info/forums/...plicaton-notes

[mystery1]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

Contact Arrow Global and see if they will consent to a set aside. If they do and pay to lodge the application you will not complain to the authorities including the SRA (Restons).

Why didn't you make an application as in th 3 threads i pointed to ?

M1

[pt2537]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

It is contrary to among others the Law Society Practice note on dealing with litigants in person to take an unfair advantage.

If they dont agreed to set aside you must apply, infact you really must apply now then ask them to consent, as CPR 13 has a caveat that says you must act promptly see CPR 13.2 so you need to move fast.

Hope this helps

[FlamingParrot]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

Contact Arrow Global and see if they will consent to a set aside. If they do and pay to lodge the application you will not complain to the authorities including the SRA (Restons).

Why didn't you make an application as in th 3 threads i pointed to ?

Looks like the OP never sent a request under CPR 31.14 to start with. :ohwell:

http://legalbeagles.info/santander-c...ew-misc-14-cc/

Did you send a CPR 31.14 request? If so you want to apply to get the court to order claimants to supply documents http://www.legalbeagles.info/forums/...ic-information

If not then you are relying on issues as in Santander v Mayhew and the lack of compliance with the CCA request you sent.

No I didn't - only a CCA request to Arrow Global

The letter sent by Arrow was in response to the CCA request, obviously a template letter they'd use whenever someone sends a CCA request. It's beyond ridiculous that a major debt purchaser such as Arrow should argue they are not the creditor, :lie: :mad2: :mad2: :mad2: I like the version of the CCA request that has a paragraph specifically covering that argument.

If they are not the creditor, surely they shouldn't be entitled to sue the OP either... :confused2:

[JudgedBirch]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

Thanks for your comments everyone. Just to clarify, I did not enter a defence in the end, choosing to rely on the claimants letter that "all collection activity will be suspended"

I want to make sure my next steps are correct - including ensuring my set aside submission is correct. How do I get the case transferred to a local court?


pt2537 - thanks, where can I read CPR 13.2?

M1 - also thanks, on what grounds would I complain to the authorities (who?) and what is the "SRA"?

Amethyst - thank you, any suggestions on how to state the reason for requesting a set aside?

[pt2537]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

http://www.justice.gov.uk/courts/pro...l/rules/part13

the above link will take you to t he provision

[FlamingParrot]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

Thanks for your comments everyone. Just to clarify, I did not enter a defence in the end, choosing to rely on the claimants letter that "all collection activity will be suspended"

Yes, I can see how misleading a letter like that can be. What happened was, you sent only a CCA request to Arrow but not a CPR 31.14 for documents referred to on the particulars of claim to Restons. Arrow replied with a generic template letter they often use whenever someone sends them a CCA request to see if they've got the documents, rather than when they've already taken the matter to court.

I want to make sure my next steps are correct - including ensuring my set aside submission is correct.

After reading the linky PT has provided, you may also want to look at this for further info about applying for set aside: https://www.nationaldebtline.org/EW/...t/Default.aspx

The court may agree to set aside the default judgment even if you did not send in a reply form within the time limit if:

• the court thinks you have a real chance of a successful defence to the claim; or

The steps, including a link to the required N244 form, are on this page: https://www.nationaldebtline.org/EW/...t/Page-03.aspx

In certain circumstances, you may qualify for remission of the application fee, form ex160a provides full details. :thumb:

How do I get the case transferred to a local court?

It will be transferred after you make the application:

Even if the case began in a different court, it will be transferred for a hearing in your local County Court hearing centre in private with a District Judge.

M1 - also thanks, on what grounds would I complain to the authorities (who?) and what is the "SRA"?

SRA = Solicitors Regulation Authority: http://www.sra.org.uk/home/home.page :nerd:

[JudgedBirch]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

I'm a complete idiot. I failed to do anything about this (no excuses) so it seems an interim charging order was awarded. They are now seeking a full charging order and have a court date of next week. I've sent off a N244 to get the hearing transferred to a local court.

I have still not received a response to the CCA request other then the original holding letter stating collection activity would be suspended.

I'm assuming I'll get a revised court date at a local court, but what do I do then? How can I get the charging order quoshed and the original CCJ set aside, based on the information given to me by the debt owner? All pointers appreciated.

[Amethyst]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

Oh dear. Well what's done is done now it's damage limitation.

Presumably the judgment was given by default - did you get the letter saying judgment had been given ? and obv you've had a letter about the CO hearing. Have you had docs from the land resgistry ?

Before the CO hearing you will be able to put in a witness statement defending the charging order, but otherwise you would have to apply formally to set aside the default judgement via the N244. Can you give me the timescales, when did you receive the default judgement etc ?

EDIT:
Okay just read back a bit, so no you won't be able to get a set aside now as it needs to be done promptly, all you can do is try defend the charging order and ask it to be restricted or conditional off the back of an installment plan to pay the debt.

IF YOU DO NOTHING YOU WILL HAVE THE CHARGING ORDER FINALISED ON YOUR PROPERTY and if you continue to do nothing they COULD GET A SALE ORDER depending on your circumstances - but if the court don't know your circumstances there's very little they can do - SO YOU MUST DO THIS WITNESS STATEMENT FOR THE HEARING - 14 DAYS BEFORE IS BEST.

[JudgedBirch]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

Thanks Amethyst. I've submitted an N244 to get the case transferred to a local court. Is there no possibility of getting the original order set aside now? Yes it was issued in default at the end of June, after being told no further action. However, I did nothing about it.

You have me worried now - how do they get a sale order? This was an unsecured credit card debt which was charged interest at unsecured debt rates of c28%!

[joedempsey]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

Thanks Amethyst. I've submitted an N244 to get the case transferred to a local court. Is there no possibility of getting the original order set aside now? Yes it was issued in default at the end of June, after being told no further action. However, I did nothing about it.

You have me worried now - how do they get a sale order? This was an unsecured credit card debt which was charged interest at unsecured debt rates of c28%!

Hi I'm just wondering have you made a complaint to the financial ombudsman regarding the letter on hold then getting judgment by default?
i know some people don't rate them but it would do no harm getting your issue across to them to me that is fraud.

[Amethyst]

Re: Arrow Global & Restons Solicitors Court Summons - guidance wanted

On your N244 you have submitted to have the case transferred to your local court have you asked to set aside the judgment as well on the grounds that the claimant told you the case was on hold ? There is a chance you will be able to get it set aside if you show good reason why you have not asked to set aside until now and show you have a good chance of success in defending.

Could you post up the N244 application you have submitted please. We need to do a witness statement to try bring things back around. Also will need list of letters sent and received from claimants since start of the claim. I am away for a few days back Monday, if you don't get any other input I'll help you then so long as we can get all the relevant info up here to work from.

I apologise for worrying you, really I just wanted you to realise that you need to take action now to prevent potentially quite serious issues. You still have no copy of the agreement and this could have been dealt with months ago before you got to the position of having to defend your home. I understand the claimant told you the case was on hold, but DCA's lie, never trust what they say and always stick to court deadlines regardless.