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

[nemesis45]

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

Hi @nemesis45 should I mention that I haven't received the notice of assignment or a default notice that had been requested?
Thx
Cbwindmill

Hello CB, Mention all points on non compliance with requests.

nem

[cbwindmill]

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

Would the non compliance be supplying me with the documents of default notice also the assignment ?

[cbwindmill]

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

hi [MENTION=55034]nemesis45[/MENTION] is it possible someone could draft up a brief letter that i can send to restons for me as i dont want to give them any extra info or request something i shouldnt,?
brief documents received are a contract as per attachments, t and c's that dont mention paypal and thats about it other than a couple of pages of statements that arent in a bank or credit card normal format. more like a list. No default notice or assignment letter either.

ill be sending it tomorrow morning so will be printing off this evening (02/11/2015)
so time is of the essence

thankyou aLL
A
Cbwindmill

[cbwindmill]

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

hi [MENTION=55034]nemesis45[/MENTION] [MENTION=66]Kafka[/MENTION] [MENTION=49370]Kati[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=37786]FlamingParrot[/MENTION] (sorry just covering all bases on this one) is it possible someone could draft up a brief letter that i can send to restons for me as i dont want to give them any extra info or request something i shouldnt,?
brief documents received are a contract as per attachments, t and c's that dont mention paypal and thats about it other than a couple of pages of statements that arent in a bank or credit card normal format. more like a list. No default notice or assignment letter either.

ill be sending it tomorrow morning so will be printing off this evening (02/11/2015)
so time is of the essence

thankyou all

Cbwindmill

[cbwindmill]

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

hi [MENTION=55034]nemesis45[/MENTION] [MENTION=66]Kafka[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=37786]FlamingParrot[/MENTION] [MENTION=49370]Kati[/MENTION] ill be posting this letter tomorrow. is it ok guys???
please advise


Restons Solicitors Limited
Re: CC Claim no. xxxxxxxxx Arrow Global Ltd
Dear Sir or Madam,
I am in receipt of the documents which Arrow Global Claims is a " reconstituted " copy of the agreement relating to the alleged debt which is the subject of this claim.
Please take note, this document fails to meet the requirements of a true copy a matter of which I am sure you must be aware. I also understand that a copy of my credit agreement should've been supplied to me within 12 working days from the date of the request. This date was not met.
On the 17th August 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to yourselves. I requested the Claimant provide copies of the Contract , Notice of assignment and Default notice within a time period of 7 days. This deadline was not met , nor were all documents supplied as requested.
I respectfully suggest that Reston Invites it's client to withdraw the claim forthwith.


Thankyou
Cb

[nemesis45]

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

hi @nemesis45 @Kafka @Amethyst @FlamingParrot @Kati ill be posting this letter tomorrow. is it ok guys???
please advise


Restons Solicitors Limited
Re: CC Claim no. xxxxxxxxx Arrow Global Ltd
Dear Sir or Madam,
I am in receipt of the documents which Arrow Global Claims is a " reconstituted " copy of the agreement relating to the alleged debt which is the subject of this claim.
Please take note, this document fails to meet the requirements of a true copy a matter of which I am sure you must be aware. I also understand that a copy of my credit agreement should've been supplied to me within 12 working days from the date of the request. This date was not met.
On the 17th August 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to yourselves. I requested the Claimant provide copies of the Contract , Notice of assignment and Default notice within a time period of 7 days. This deadline was not met , nor were all documents supplied as requested.
I respectfully suggest that Reston Invites it's client to withdraw the claim forthwith.

ction
Thankyou
Cb

Hello CB yes that's fine, apologies for delay in response I was out of action all day yesterday.
nem

[cbwindmill]

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

No worries [MENTION=55034]nemesis45[/MENTION] that's put my mind at ease.
Cb

[nemesis45]

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

No worries @nemesis45 that's put my mind at ease.
Cb

Ok CB, please let us know what happens.

nem

[cbwindmill]

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

Hi [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=49370]Kati[/MENTION] [MENTION=37786]FlamingParrot[/MENTION] I had a letter this morning will post details this early evening. I doubt it's good news, and I'm guessing I'm gonna need all your assistance again. Worries set in yet again. At present I don't know the letters content because it's at my parents house. However I guess it's restons /arrow globals refusal to discontinue the claim

Any help appreciated
Cb

[Amethyst]

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

Bahh it could be good news, you never know. OPTIMISM ! xxxx

( anyway if it's not marvellous news, it'll be nothing that can't be dealt with so don't spend the day worrying yourself about the unknown xxxxx )

[cbwindmill]

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

Thank you [MENTION=6]Amethyst[/MENTION] here's hoping for good news then . Though I don't get that kinda luck. Maaaaa optimism optimism optimism must be optimistic more 😊
Thank you
Cb

[nemesis45]

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

Hi @nemesis45 @Amethyst @Kati @FlamingParrot I had a letter this morning will post details this early evening. I doubt it's good news, and I'm guessing I'm gonna need all your assistance again. Worries set in yet again. At present I don't know the letters content because it's at my parents house. However I guess it's restons /arrow globals refusal to discontinue the claim

Any help appreciated
Cb

Hi CB,

I'll look out for the letter!

nem

[cbwindmill]

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

Hi [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=49370]Kati[/MENTION] [MENTION=37786]FlamingParrot[/MENTION]
well as expected i received a letter from restons solicitors fobbing me off again. So any advice or letter template or help in writing a response letter will be greatly appreciated,,,,, Restons letter as follows ;

Dear sir,

RE: Arrow global ltd v yourself
Arrow global collections

We refer to the above matter and acknowledge receipt of your letter dated 02 November 2015

As a result of the case HSBC v Carey, a creditor can reply on a reconstituted copy of the credit
agreement, As such, the copy provided to you is sufficient in these proceedings.

Please note, failing to respond to a S.78 Consumer Credit Act 1974 request within the prescribed period
of time only renders the account unenforceable until such time it can be complied with. Once your request has been complied with, these proceedings will continue.

We responded to your CPR 31.14 request on 20 August 2015. We advised you that as proceedings were issued via the County Court Business Centre there was no requirement for documents to be attached to the particulars of claim. We further advised you that as documents you had requested are not "mentioned" within the particulars of claim, CPR 31.14(1) does not apply.

In light of the above , please confirm whether you are willing to withdraw your defence. to do so, please complete the enclosed form N9A and return to our office by 24 November 2015.

Our client may be willing to consider any settlement proposals you may have in order to settle the matter amicably, without further court intervention. if this is of interest to you, please put forward your settlement proposals within 14 days.

we look forward to hearing from you.

yours faithfully
Miss H Cook Trainee Solicitor
pp RESTONS SOLICITORS LTD


So that is very much it, it looks like they got me in a technical knockout.
As i stressed above all and any help in replying to this letter from restons will be greatly appreciated.
So far all the help i have received has eased me out of my stressed head i seem to have because of this matter.

Thankyou all
cb

[Amethyst]

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

As a result of the case HSBC v Carey, a creditor can reply on a reconstituted copy of the credit
agreement.

Please note, failing to respond to a S.78 Consumer Credit Act 1974 request within the prescribed period
of time only renders the account unenforceable until such time it can be complied with. Once your request has been complied with, these proceedings will continue.

Correct on both points.

We responded to your CPR 31.14 request on 20 August 2015. We advised you that as proceedings were issued via the County Court Business Centre there was no requirement for documents to be attached to the particulars of claim. We further advised you that as documents you had requested are not "mentioned" within the particulars of claim, CPR 31.14(1) does not apply.

Correct.... although it is arguable before allocation about the CPR 31.14 request - if it isn't followed up with an application it just helps to show the court you tried to get the information.

The default notice and assignment will need to be provided to the court when you get to witness statements and evidence, but I think I mentioned previously they had complied with the CCA request.

Ahh yes I think this still stands.

They have not provided a copy of the Default notice or Notice of Assignment - which they are required to do - so those parts of your defence do still stand. Their case is stronger now they have sent the CCA though.

They will have to apply to the court now to have the stay lifted and to proceed with the claim. If you wanted to try and negotiate settlement then you could do so now, without prejudice, as there are still some issues they need to sort out. When you receive the N180 form you could ask for directions to produce the Default Notice and Assignment notice.

It really depends what outcome you want, presumably it is not to end up with a CCJ ?

[nemesis45]

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

Hi @nemesis45 @Amethyst @Kati @FlamingParrot
well as expected i received a letter from restons solicitors fobbing me off again. So any advice or letter template or help in writing a response letter will be greatly appreciated,,,,, Restons letter as follows ;

Dear sir,

RE: Arrow global ltd v yourself
Arrow global collections

We refer to the above matter and acknowledge receipt of your letter dated 02 November 2015

As a result of the case HSBC v Carey, a creditor can reply on a reconstituted copy of the credit
agreement, As such, the copy provided to you is sufficient in these proceedings.

Please note, failing to respond to a S.78 Consumer Credit Act 1974 request within the prescribed period
of time only renders the account unenforceable until such time it can be complied with. Once your request has been complied with, these proceedings will continue.

We responded to your CPR 31.14 request on 20 August 2015. We advised you that as proceedings were issued via the County Court Business Centre there was no requirement for documents to be attached to the particulars of claim. We further advised you that as documents you had requested are not "mentioned" within the particulars of claim, CPR 31.14(1) does not apply.

In light of the above , please confirm whether you are willing to withdraw your defence. to do so, please complete the enclosed form N9A and return to our office by 24 November 2015.

Our client may be willing to consider any settlement proposals you may have in order to settle the matter amicably, without further court intervention. if this is of interest to you, please put forward your settlement proposals within 14 days.

we look forward to hearing from you.

yours faithfully
Miss H Cook Trainee Solicitor
pp RESTONS SOLICITORS LTD


So that is very much it, it looks like they got me in a technical knockout.
As i stressed above all and any help in replying to this letter from restons will be greatly appreciated.
So far all the help i have received has eased me out of my stressed head i seem to have because of this matter.

Thankyou all
cb

Hello CB,#

The contention was it not that the " reconstituted" agreement was not compliant as a true copy?

The questions now are therefore do you withdraw your defence and negotiate a settlement OR
reject the " invitation to withdraw and get the " recon" tested" in court.

The latter will need a complete dissection of document supplied.

nem