what happens if i lose?

[zoe101]

I am just about to send a CPR31.14 request to Restons Solicitors who are acting for Arrow Global Guernsey Ltd. Firstly should it be sent to Restons or Arrow Global? Secondly if they are able to provide all the documents correctly and on time what happens then? Would i lose my ability to come to an arrangement to make monthly repayments that are affordable to me?

[FlamingParrot]

Re: what happens if i lose?

I am just about to send a CPR31.14 request to Restons Solicitors who are acting for Arrow Global Guernsey Ltd. Firstly should it be sent to Restons or Arrow Global? Secondly if they are able to provide all the documents correctly and on time what happens then? Would i lose my ability to come to an arrangement to make monthly repayments that are affordable to me?

Welcome to LB
Presumably they have issued a claim. :noidea: Would be a good idea if you gave us more details such as how much they are claiming and what the claim is for, as well as posting up the particulars of claim.

The CPR 31.14 request should go to Restons. Normally you'd also send a CCA request to the claimant (in this case Arrow) unless the claim is for something not covered such as an overdraft or a mobile contract.

It's not very often that a debt purchaser's solicitors are able to provide the documents in time, in, fact, it's extremely unlikely. :flypig:

With regards to coming to an arrangement, you don't lose the ability to do so, it is possible to do it right up to the day of the hearing if it went that far. :thumb:

[zoe101]

Re: what happens if i lose?

Many thanks for your response. It was an MBNA credit card - balance £19495. Th particulars of claim are ;
"The Claimant claims payment of the overdue balalnce due from the Defendant(s) under a contract between the defendant(s) and MBNA dated on or about Feb 24 2004 and assigned to the Claimant on Dec 20 2011 in the sum of 19495.92

PARTICULARS a/c no - xxx

DATE ITEM Value
19/05/2014 Default balance 19495.92
Post Refrl Cr NIL
TOTAL 19495.92

[zoe101]

Re: what happens if i lose?

as the claim says the "address for sending documents and payments" is Restons should I just send them the request?

[stevemLS]

Re: what happens if i lose?

Yes, send to Restons.

[nemesis45]

Re: what happens if i lose?

CPR31.14 request to Restons for documents mentioned in the particulars of claim and a CCA request to Arrow I think is likely to be they best way to cover all bases.

[zoe101]

Re: what happens if i lose?

Restons have written to me refusing to send any requested documents. I have attached copies of all the documnets so far. Any help would be greatly appreciated. i am also running out of time, as 28 dayss from when the claim was issued is 26th December. I know they won't could Christmas day and Boxing day, but it is still tight.
Merry Christmas

[Amethyst]

Re: what happens if i lose?

Ok date wise - the claim issue date was the 26th November so you do actually have until Wednesday, December 31, 2014 to get your defence in.

The letter from Restons in quite standard.

You can either call them in between Christmas and New Year ( if they are working ) and ask if they can send you an email agreeing to an extension of 28 days under CPR 15.5 to give them time to supply the documents or you can start working on your defence based on lack of documents to get in before the 31st - example starting point http://www.legalbeagles.info/forums/...t-Court-Claims

As your claim would be in fast track you would be fine submitting an application for compliance with the CPR request - however they don't really mention a lot, actually just the 'contract' - so I don't think its worthwhile and defending on the lack of CCA should sort it. You did send a CCA request to Arrow didn't you ? (sorry doesn't jump out at me on the thread ) - if you didn't send one now.

[zoe101]

Re: what happens if i lose?

Many thanks. The example defence says its for claims under £10k, can this still be used. Also, it may sound daft, but in section 4 of the example do I deny having entered into an agreement with them?

[Amethyst]

Re: what happens if i lose?

I'd leave Para 4 out as really you neither admit or deny it at this stage.

Yes the defence is fine for fast track cases too, you still have no documents so that's all you can defend on really.

Any specific issues you have with the debt other than them not having supplied the original agreement ?

[zoe101]

Re: what happens if i lose?

thanks for the rapid response. I've attached my defence based on the template. I have cut out quite a lot. Is there anything i should have left in or added?

[Amethyst]

Re: what happens if i lose?

An erroeous square bracket in para 9 - otherwise I would add at the beginning that everything is denied unless specifically admitted though - as you haven't particularly denied anything on the debt only on the paperwork, so I'd put this in '' 2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. '' just to cover all bases.

[zoe101]

Re: what happens if i lose?

I've attached my defence. Would you be kind enough to have a look and let me know if it looks OK?

Many thanks for your continued help and support.

[Crisis]

Re: what happens if i lose?

Hi Zoe101

i am also going through the same process as you with Restons with time running out. I have tried to call the past 2 days to obtain an extension for my court claim. No one is answering the phones although I realise it's New Years eve! I need to send an email as I doubt my letter will arrive before new year. May I ask, do you have an email address for Restons as there is nothing on the paperwork or Internet?

good luck with yours, stressful Christmas thanks to these

[zoe101]

Re: what happens if i lose?

Hi Crisis

Sorry I have not responded sooner. My defence had to be in by 31st December which I just managed to do. I e-mailed it to the court at 'ccbcdefendants@hmcts.gsi.gov.uk'. It may be worth contacting them to say you have been unable to contact Restons. I'm not sure if that is the correct protocal but at least if the court has been informed it may help.