MBNA / Restons Court Claim

[Mijasmom]

Hi all, I'm a newbie here and have been really impressed by the help and information you give
I've not posted on forums before and I think I put this in the wrong place originally (as reply to another thread) Apologies.

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 a thread 0f MsRed, 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 xxxxx.50.
Particulars a/c no: XXXXXXXXXXXX9329
Date Item Value
29/11/13 Default Balance xxxxx.xx

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 MsRed 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

[panther12]

Re: MBNA / Restons Court Claim

Usual garbage from Miss L Tipping. If you resend it signed she will reply with her standard template response saying the items requested are not "mentioned" in the particulars so cpr 31 doesn't apply. If you request it under CPR 18 her usual reply is the docs are not necessary or proportionate in order for you to understand the claim, or some such carp.

If it were me I would throw it back down their throat and say I do not reply to unsigned claim forms and if they want to try again this time with a verified statement of truth as per cpr 22, pointing out practice direction 3.10. You'd have thought that someone with the title Chartered Legal Executive would know the fundamental basics of how to issue a claim form, although Miss Tippytoes doesn't appear to be the brightest spark in the box.

[Mijasmom]

Re: MBNA / Restons Court Claim

Thanks for reply, it is good to get positives for once.

Sent out replies to Restons and Arrow yesterday by recorded and Arrow's was signed for today.
Good old Royal Mail tried to deliver Reston's at 07:01 this morning and have returned to sorting office.
Wonder why!!
I did look at emailing the letter to them but couldn't find an email address on any of their paper work. Any ideas?

Will let you know response as soon as arrives.

Once again many thanks

[panther12]

Re: MBNA / Restons Court Claim

I've used: info@restons.co.uk
They normally send a response from A M Jones which says either read or not read. Whether read or not at least it confirms they received it.

[Mijasmom]

Re: MBNA / Restons Court Claim

Had replies from both Arrow (Claimant) & Restons (solicitors).

Arrows reply again states;

"We refer to your letter dated 08/03/2014 and confirm we still await receipt of copy documentation from the originating creditor.
As previously advised we do not accept the we are the creditor as envisaged by the above statute and therefore are not obligated to provide you with the documentation you require within a limit of 12 days.
We are, however, willing to assist in obtaining that which is requested and have contacted the originating creditor to process your request for documentation. We will revert in due course.

Please be advised that your account is on hold and we can confirm that all collection activity has been suspended pending provision of the documents"


Restons reply after CPR 31.14 request;

"We acknowledge receipt of your recent correspondence dated 08 March 2014.
Please note that we have been instructed by our client Arrow Global Ltd to place your account on hold pending their investigation following your recent request."

Does this mean that they were never in possession of the paperwork to bring this claim?
Are they stalling for time and using the court process to do this?
Should I apply this Claim struck off using the N244?

I'm a bit at a loss as to how to proceed.
Any advise gratefully received.

[Amethyst]

Re: MBNA / Restons Court Claim

Does this mean that they were never in possession of the paperwork to bring this claim?
Are they stalling for time and using the court process to do this?
Should I apply this Claim struck off using the N244?

Yes, yes and, not just yet, Take their letter as an agreement to extend the time for you to file a defence by 28 days, under CPR 15.5, and email the court to that effect -just as back up so they don't go behind your back and try to get a default judgment. Respond to the solicitors that they have until X date (14 days before deadline) before you apply for an unless order to ensure their compliance in a timely manner, as they should have the paperwork sorted before bringing the claim. That should put you in control of timescales and ensure they don't leave this hanging over you for months while they scrabble about for paperwork.

[mystery1]

Re: MBNA / Restons Court Claim

Does this mean that they were never in possession of the paperwork to bring this claim?
Are they stalling for time and using the court process to do this?
Should I apply this Claim struck off using the N244?

Probably.

Certainly.

I'd either apply for the particulars of claim to be struck out due to the faulty statement of truth ( I'm assuming the claim is signed by restons and not a person) or an unless order for compliance with 31.14. Probably the latter since you already started this route by sending the request and it not being complied with.

M1

[Amethyst]

Re: MBNA / Restons Court Claim

crossed posts xx same answers more or less tho, I'm just more forgiving xx

[Mijasmom]

Re: MBNA / Restons Court Claim

Thanks
Will start process

[Mijasmom]

Re: MBNA / Restons Court Claim

Thanks

Is there a template for CPR 15.5, or am I just being a knumb skull?

Once again thank you

[mystery1]

Re: MBNA / Restons Court Claim

Please find attached/below an agreement with the claimant for an extension to the time to file a defence until xxxxxx.



M1

[Mijasmom]

Re: MBNA / Restons Court Claim

Does the 28 day extension start from date of sending email or from end of original 28 days after Acknowledgement of Service?

[mystery1]

Re: MBNA / Restons Court Claim

Original i.e 5 days service +14+14+28 =61 days total from date of form.

M1

[Mijasmom]

Re: MBNA / Restons Court Claim

Many thanks again, I will keep you posted

[Mijasmom]

Re: MBNA / Restons Court Claim

Sent my letter to Restons with date set for response as 9th April (Deadline being 23rd).
Also emailed the court the letter which they have acknowledged receiving and have added to file.

Date fast approaching but don't want to tempt fate so am sitting on defence prep for now.
Any tips on application for "unless order" appreciated.

Many thanks