Court Claim - arrow global / paypal later santander - 30-7-2015

[cbwindmill]

Arrow global and restons returned letters and postal order

Hi ALL
Today i received letters from Restons stating i hadnt signed the letter requesting documents CPR31.14 ive noticed they seem to do this alot. There reason is that they need to be sure they are corresponding with the correct person. Im aware of certain delaying tactics they implore.
So tomorrow i'll be resending the request with a tamper strip signed and see what happens next.
Arrow Global also returned my postal order with a letter stating....
Thankyou for your letter dated xx/xx/xxxx recieved on xx/xxxx we acknowledge your request for documentation pursuant to the consumer credit act 1974
We will now process your request for documentation from the originating creditor and will revert in due course.
All collection activity will be suspended pending provision of the documentation...

Should i contact the courts and let them know where were at so far and im awaiting documentation to form my defense?

Are the afformentioned letters a pretty standard response to my CCA and CPR requests?

Any Help appreciated

[nemesis45]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

Hi Flamming Parrot,
Today i received letters from Restons stating i hadnt signed the letter requesting documents CPR31.14 ive noticed they seem to do this alot. There reason is that they need to be sure they are corresponding with the correct person. Im aware of certain delaying tactics they implore.
So tomorrow i'll be resending the request with a tamper strip signed and see what happens next.
Arrow Global also returned my postal order with a letter stating....
Thankyou for your letter dated xx/xx/xxxx recieved on xx/xxxx we acknowledge your request for documentation pursuant to the consumer credit act 1974
We will now process your request for documentation from the originating creditor and will revert in due course.
All collection activity will be suspended pending provision of the documentation...

Should i contact the courts and let them know where were at so far and im awaiting documentation to form my defense?

Are the afformentioned letters a pretty standard response to my CCA and CPR requests?

There is no reason for not signing the CPR request, signature lifting is more urban myth than fact.
No need to contact the court at present, if the CCA request is not met within the 12 + 2 Working Days
it renders the debt unenforceable until the agreement is produced.

nem

[FlamingParrot]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

Hi Flamming Parrot,
Today i received letters from Restons stating i hadnt signed the letter requesting documents CPR31.14 ive noticed they seem to do this alot. There reason is that they need to be sure they are corresponding with the correct person. Im aware of certain delaying tactics they implore.
So tomorrow i'll be resending the request with a tamper strip signed and see what happens next.

Yes, you're not the first one to have received that response. Many people are weary of signing letters because they worry about signatures being lifted. I think this may have happened on the odd occasion (anything is possible) but if anyone did that it's more likely to be a DCA rather than a law firm. It would be extremely stupid for solicitors to attempt a stunt like that since the SRA would revoke their practising certificate. :mmph:

Arrow Global also returned my postal order with a letter stating....
Thankyou for your letter dated xx/xx/xxxx recieved on xx/xxxx we acknowledge your request for documentation pursuant to the consumer credit act 1974
We will now process your request for documentation from the originating creditor and will revert in due course.
All collection activity will be suspended pending provision of the documentation...

That is a generic template they use to respond to each and every CCA request they receive, regardless of whether it's gone to court or not. There was someone on here who got one of them Arrow letters saying the account was 'on hold' while they obtained the documents, I believe they got default judgment because they thought the claim was on hold, :scared: so ignore that letter.

There's no need to chase up the CCA request as non-compliance is a bar to enforcement and can be used in your defence.

Should i contact the courts and let them know where were at so far and im awaiting documentation to form my defense?

No, you still need to submit a defence before the 33 day deadline, unless Restons agree to an extension, in which case you'd have to notify the court. :typing:

If your deadline comes up and you've not received the paperwork, you can submit the generic defence based around not receiving documents, that's how and when you will inform the court of the fact. :thumb:

Are the afformentioned letters a pretty standard response to my CCA and CPR requests?

They ARE! :sad:

[FlamingParrot]

Re: Arrow global and restons returned letters and postal order

I have replied to your other thread here: http://www.legalbeagles.info/forums/...489#post568489

[Kafka]

Re: Arrow global and restons returned letters and postal order

If you already have a thread you should keep all the information together rather than splitting it up. It's difficult to advise if the information is split up in different places.

[cbwindmill]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

Hi Flaming Parrot,
Just got a letter from Restons solicitors stating thus....

Re: Arrow Global v cbwindmill
account no. xxxxxxxxxxx
We acknowledge receipt of your request made pursuant to CPR.31.14
We would point out that the claim was issued via the county court business centre which is a procedure specifically provided for in the CPR. This procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of the practice Direction 7E specifically states "the requirement in paragraph 7.3 of practice direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using online claim form, unless the particulars of claim are served in accordance with paragraph 5.2 of this practice direction "

We would also remind you that CPR31.14 states-

"A party may inspect a document mentioned in -

(a) a statement of case;
(b) a witness statement;
(c) a witness summary; or
(d) an affidivit"

You would have been provided with a copy of contractual terms and conditions at the time the account was opened and hence we see no reason why you now require an additional copy.
Furthermore, the other documents you have requested are not "mentioned" in the particulars of claim and therefore CPR31.14(1) does not apply.
Although your letter states you require the requested documents in order to file a Defence / counterclaim, we would point out that the particulars of claim contains sufficient information in order for you to understand what the claim relates to, namely:

a) the date the account was opened
b) the account number
c) the outstanding balance
d) the name of the original creditor: and
e) the fact the account has been assigned to the claimant and when it was assigned.

In addition, please note that our file has been on hold pending your CCA request made to our client. We also note that you have filed an acknowledgement of Service and as such , it is your intention to file a defence.
However, we can confirm that Judgement will not be entered untill our client confirms that the CCA request has been dealt with accordingly.
We trust this clarifies matters.
Yours Faithfully
Miss E McCartney, case manager
pp Restons Solicitors Limited


What do i do now?
i seem to be blinded with legal jargon and for what seems like a very poor quality letter that looks photocopied.
What does "we can confirm that Judgement will not be entered untill our client confirms that the CCA request has been dealt with accordingly." mean ?
As i said i seem to be blinded by what they are trying to say , just seems like stalling and just being awkward tactics.
As of yet ive not recieved anything from Arrow Global regarding the CCA and the only letter from Restons is the one above.

Much help needed.
such as how do i begin a defence and what things i should mention within the defence? although i have no docments, i:e ones CCA nor CPR requested ones either. i say as of yet but they may come tomorrow.

I await eagerly for yours or anyone else's response to help with the above.
many thx
cbwindmill

[cbwindmill]

Re: Arrow global and restons returned letters and postal order

Hi Kafka
Just got a letter from Restons solicitors stating thus....

Re: Arrow Global v cbwindmill
account no. xxxxxxxxxxx
We acknowledge receipt of your request made pursuant to CPR.31.14
We would point out that the claim was issued via the county court business centre which is a procedure specifically provided for in the CPR. This procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of the practice Direction 7E specifically states "the requirement in paragraph 7.3 of practice direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using online claim form, unless the particulars of claim are served in accordance with paragraph 5.2 of this practice direction "

We would also remind you that CPR31.14 states-

"A party may inspect a document mentioned in -

(a) a statement of case;
(b) a witness statement;
(c) a witness summary; or
(d) an affidivit"

You would have been provided with a copy of contractual terms and conditions at the time the account was opened and hence we see no reason why you now require an additional copy.
Furthermore, the other documents you have requested are not "mentioned" in the particulars of claim and therefore CPR31.14(1) does not apply.
Although your letter states you require the requested documents in order to file a Defence / counterclaim, we would point out that the particulars of claim contains sufficient information in order for you to understand what the claim relates to, namely:

a) the date the account was opened
b) the account number
c) the outstanding balance
d) the name of the original creditor: and
e) the fact the account has been assigned to the claimant and when it was assigned.

In addition, please note that our file has been on hold pending your CCA request made to our client. We also note that you have filed an acknowledgement of Service and as such , it is your intention to file a defence.
However, we can confirm that Judgement will not be entered untill our client confirms that the CCA request has been dealt with accordingly.
We trust this clarifies matters.
Yours Faithfully
Miss E McCartney, case manager
pp Restons Solicitors Limited


What do i do now?
i seem to be blinded with legal jargon and for what seems like a very poor quality letter that looks photocopied.
What does "we can confirm that Judgement will not be entered untill our client confirms that the CCA request has been dealt with accordingly." mean ?
As i said i seem to be blinded by what they are trying to say , just seems like stalling and just being awkward tactics.
As of yet ive not recieved anything from Arrow Global regarding the CCA and the only letter from Restons is the one above.

Much help needed.
such as how do i begin a defence and what things i should mention within the defence? although i have no docments, i:e ones CCA nor CPR requested ones either. i say as of yet but they may come tomorrow.

I await eagerly for yours or anyone else's response to help with the above.
many thx
cbwindmill

[Kafka]

Re: Arrow global and restons returned letters and postal order

I need to see all the details to advise. If it's split into separate threads then they need to be merged.

[cbwindmill]

Re: Arrow global and restons returned letters and postal order

Hi Kafka thanks for responding
I have posted on the original thread but have had no response as of yet ?

- - - Updated - - -

Hi Kafka this is the original thread any help appreciated
http://www.legalbeagles.info/forums/showthread.php?67946-Court-Claim-arrow-global-paypal-later-santander-30-7-2015&p=568489#post568489

[cbwindmill]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

Time is running out I'm getting a little anxious now and need help soon ...

[Kafka]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

I have requested the threads to be merged so we can see the full picture properly.

[Kati]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

I have requested the threads to be merged so we can see the full picture properly.

done

[cbwindmill]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

Thank you Kafka hopefully there's someone to advise

[Kafka]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

This is all bog standard stuff from these clowns who never have any paperwork. It's also very common for DCAs' solicitors to claim that they don't need to respond to requests for data that are made under the court's rules. All of this can be used to your advantage later.

Right now there is nothing you can do until you get something from them, although it always helps to read up on lots of threads to see the processes. Going VIP member will also give you access to more.

You need to watch the dates here so that you don't pass the deadline without filing a defence. They have indicated that they wouldn't file for default judgement without responding to your CCA request, but never trust them. It's quite easy to knock up a holding defence based on their non-compliance, but that has to be in by the deadline of 33 days from the date of issue. If you are getting within a few days of that you can seek an extension from them to allow their compliance. If they agree to an extension (of max 28 days) then you need to copy that correspondence (email will do) to the court so they are aware. Either way, you must file with the court before the 33 days passes - either a defence, or notification of an agreed extension.

It's a sad fact that most people don't fight these DCAs and they are then able to just get you to accept it, or to get default judgement if you don't respond. That's why they are so sloppy, unprofessional and deceitful, because all of their systems are geared for that. This doesn't mean that if you fight you can always win, because they can turn up all the right stuff even if they don't start off with it, while an agreement as late as 2008 is more likely to be documented than many older ones. You just have to see what they produce.

In the meantime the best option is to read lots of stuff about dealing with similar claims, especially ones by AG.

[FlamingParrot]

Re: Court Claim - arrow global / paypal later santander - 30-7-2015

Thank you Kafka hopefully there's someone to advise

As I'd previously posted, Arrow are not to be trusted with their letters saying the account is "on hold". Also as previously posted, you still need to file a defence within the timescales, if they did not supply you any documents, then you'd just file the generic defence based around that fact, an example is here and you may want to post up your draft before you send it: http://www.legalbeagles.info/forums/...t-Court-Claims

That is a generic template they use to respond to each and every CCA request they receive, regardless of whether it's gone to court or not. There was someone on here who got one of them Arrow letters saying the account was 'on hold' while they obtained the documents, I believe they got default judgment because they thought the claim was on hold, :scared: so ignore that letter.
There's no need to chase up the CCA request as non-compliance is a bar to enforcement and can be used in your defence.

No, you still need to submit a defence before the 33 day deadline, unless Restons agree to an extension, in which case you'd have to notify the court. :typing:

If your deadline comes up and you've not received the paperwork, you can submit the generic defence based around not receiving documents, that's how and when you will inform the court of the fact. :thumb:

With regards to Arrow, you may want to read this: https://consumercreditlitigationandd...lobal-limited/

Not exactly the same type of account as yours but just gives you an idea of the sort of clowns you're dealing with.