Arrow Global Limited vs Disciple of Nagash

[Disciple of Nagash]

Hi,

I previously had a thread opened here when I received some letters from Restons Solicitors regarding an old outstanding debt: http://www.legalbeagles.info/forums/...ved&highlight=

The thread details the full story but in a nutshell:

• They sent me a letter stating that I owed money to Arrow Global Limited, for a debt which I assumed they purchased of National Australia Group (which now turns out to be correct), - an old defaulted loan. If I did not reply I they would start proceedings for a CCJ
• My response was to request original documentation of the debt under paragraph 1 of the Practice Direction Pre-Action Conduct, Paragraph 2.2 (1) and Paragraph 3.2 (3)
• Their response was: Unfortunately, Annex A is not applicable to this claim. - they did not provide me any documentation
• From that point I did not yet respond (02/08/14), as I was unsure of the next steps to take, although I did request advice here.

Today I have received Claim Form with the following information:

• Claimant: Arrow Global Limited
• Solicitors: Restons
• Defendant: Me
• Particulars of Claim: Overdue balance under contact between myself and National Australia Group dated on or about 01/03/2005 and assigned to the claimant on 13/05/2001 to the sum of £4325.75, with another section adding on court and solicitors fees.

I know I need to respond urgently, but I don't know what to do! My position is that when they sent me the letters I asked for the supporting paperwork which they refused to provide. So how do I respond to this? If they have all the supporting documentation and can prove this is not expired, that I would have set up a payment arrangement. However they have not provided me this.

I would really appreciate advice on what I should do.

Cheers

DoN

[Disciple of Nagash]

Re: Count Court Claim from Restons Solicitors

Also, not sure if this is relevant, but the filing court is Northampton.

[Disciple of Nagash]

Re: Arrow Global Limited vs Disciple of Nagash

Just found this thread: http://www.legalbeagles.info/forums/...it-Court-Claim

Should I just follow this?

[Amethyst]

Re: Arrow Global Limited vs Disciple of Nagash

Do you know when you last acknowledged or made payments on this debt ?

You need to follow the below;

Many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre at Northampton and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

CPR Request needs to ask for documents mentioned in statement of case...ie. the contract and the assignment.

Overdue balance under contract between myself and National Australia Group dated on or about 01/03/2005 and assigned to the claimant on 13/05/2001 to the sum of £4325.75

I know I need to respond urgently, but I don't know what to do! My position is that when they sent me the letters I asked for the supporting paperwork which they refused to provide. So how do I respond to this? If they have all the supporting documentation and can prove this is not expired, that I would have set up a payment arrangement. However they have not provided me this.

When you file your defence you can bring up their pre-action conduct in your favour, you can also amend the standard CPR 31.14 request include a paragraph about how you have already asked for this information pre action.

Annex A = '' It is not intended to apply to debt claims where it is not disputed that the money is owed and where the claimant follows a statutory or other formal pre-action procedure. '' so they are being a bit narky but http://www.legalbeagles.info/forums/...any-solciitors

[Amethyst]

Re: Arrow Global Limited vs Disciple of Nagash

Just found this thread: http://www.legalbeagles.info/forums/...it-Court-Claim

Should I just follow this?

Yes xx

[Disciple of Nagash]

Re: Arrow Global Limited vs Disciple of Nagash

Great. Very useful thread by the way

So I have just done the following:

• Completed the acknowledgement of service stating that I intend to full defend.
• Prepared the CCA letter to Arrow - quick question on this, on the Claim Form it states Address for Sending Documents and payments (if different), and Restons details are put in here. Should I still send the CCA to Arrow as the Claimant?
• Prepared the CPR request to Restons - I am a unsure of the date to enter here: of filing my defence on XX XXXX 201X. Is this today's date plus 28 days?

Both letters have the anti-tamper signature strip put on it as well.

Thanks

DoN

[Amethyst]

Re: Arrow Global Limited vs Disciple of Nagash

Thank you

The CCA should go to Arrow - as they are the creditor

The CPR 31.14 should go to Restons

Filing defence on ...... date of service plus 28 days (so if you received it today then yes, today plus 28 days - http://www.timeanddate.com/date/dateadd.html )

[Disciple of Nagash]

Re: Arrow Global Limited vs Disciple of Nagash

Thanks again, I have entered a date of 30th September 2014. I'll get these sent off and see if I get anything.

Am I correct in assuming that my next course of action is:

• Response received - post here
• No response - will need to submit defence - again post here for advice? If I don't receive a response by what date should I follow up on here?

[Amethyst]

Re: Arrow Global Limited vs Disciple of Nagash

Yip anything you hear from them post up, if you hear nothing then at least 7 days before your defence is due in pop back and we'll help get your defence, or application, or request for an extension, depending really, sorted

[Disciple of Nagash]

Re: Arrow Global Limited vs Disciple of Nagash

So I receive a response today from Restons, pretty much refusing to give me any of the information I asked for. I've attached the letter the sent (personal details redacted). What should I do now?

[Disciple of Nagash]

Re: Arrow Global Limited vs Disciple of Nagash

Hi,

Any advice please?

[Kafka]

Re: Arrow Global Limited vs Disciple of Nagash

You have a right to relevant disclosure under the CPR but a lot of DCA's solicitors pretend otherwise. These refusals will all add to your defence.
I paste below a response I have just sent to a different solicitor in response to a similar refusal, but please note that that one was about a Letter before Action and hasn't yet been filed at court. Can you draft something along these lines to suit your case and post here for comment? They will probably ignore this as well, but it all adds to your case against them.

******************************************

Dear Sir/Madam

Your ref:
Subject: Request for documents mentioned in a statement of case under CPR 31.14

Thank you for your response of 29th August to my request under CPR 31.14 for disclosure of documents mentioned in your ‘Letter Before Action’ of 13th August.

I note your comment that ''If this matter was to be litigated it would most properly be allocated to the Small Claims Track and therefore the rules relating to Pre Action Disclosure would not apply”. Please be advised that it is not within your gift to decide on track allocations, which are the prerogative of the Court. It is also not your decision as to whether you comply with your obligations under the Civil Procedure Rules.
I have a right to examine all of the relevant documentation in order to respond to your threat of legal action, and subsequently to lodge my defence and counterclaim if you proceed with this. At this moment I have no information regarding the alleged debt, or even whether your client holds any legal title as suggested in your letters.

If you require more time in which to comply with this request you must tell me in writing and state a date by when you will be compliant.

I further wish to advise you of the following facts:
1. Any attempt to pursue this claim through the courts will be vigorously defended.
2. Your current – and any subsequent – refusal to comply with your CPR obligations will be reported to the Court.
3. I reserve the right to counterclaim to obtain redress in any related matters.

I look forward to hearing from you within the next 7 days.

Yours faithfully

[Kafka]

Re: Arrow Global Limited vs Disciple of Nagash

The letter is correct about the documentation not needing to be submitted if the claim is filed through the bulk clearing centre in Northampton. However, they are still obliged to follow the CPR after that and require to produce the correct documentation to the court. basically they are bluffing in the hope that you will be intimidated and won't demand your rights.

[Disciple of Nagash]

Re: Arrow Global Limited vs Disciple of Nagash

Thanks for the letter

I have tweaked to the following, does it read ok:

************************************************** *******

Subject: Request for documents mentioned in a statement of case under CPR 31.14

Thank you for your response of 08th September 2014 to my request under CPR 31.14 for disclosure of documents in reference to the above claim.

I note your comments:

''You would have been provided with a copy of the contractual Terms and Conditions at the time the account was opened and hence we see no reason why you now require an additional copy.”

“Although your letter states that you require the requested documents in order to file a Defence I Counterclaim, we
would point out that the Particulars of Claim contains sufficient information in order for you to understand what the
Claim relates to”

Please be advised that it is not within your gift to determine which documents I have the right to examine or what information is satisfactory in order to file a Defence / Counterclaim. It is also not your decision as to whether you comply with your obligations under the Civil Procedure Rules.

I have a right to examine all of the relevant documentation which you are required by law to present to the Court should you continue to pursue this claim, and subsequently to lodge my defence and counterclaim. At this moment I have no information regarding the alleged debt other than the details stated in the Particulars of Claim, or even whether your client holds any legal title as suggested in your letters.

If you require more time in which to comply with this request you must tell me in writing and state a date by when you will be compliant.

I further wish to advise you of the following facts:
1. Any attempt to pursue this claim through the courts will be vigorously defended.
2. Your current – and any subsequent – refusal to comply with your CPR obligations will be reported to the Court.
3. I reserve the right to counterclaim to obtain redress in any related matters.

I look forward to hearing from you within the next 7 days.

[Disciple of Nagash]

Re: Arrow Global Limited vs Disciple of Nagash

Hi,

Can anyone confirm the above is ok, I'd really like to send it today?

Cheers

DoN