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

[FlamingParrot]

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

Replying to your post on the other thread:

Hi and thank you for getting back to me ,
Should I now chase up the CPR from Restons again asking for the documents ... ? Because as you see all I got was the letter I posted here earlier. And also do I chase arrow global for the cca? I have read previous threads but I'm just checking to be sure. As you may have guessed I'm not the most confident person in dealing with these people or these type of thing

Their letter is rather vague so I'd be inclined to ask them to confirm that they agree to a 28 day extension as allowed under CPR 15.5 and if so, to send you proper confirmation of their agreement so you can inform the court. You could do this by email and chase up over the phone if required, their confirmation can be by email which you can then forward to the court. :typing:

There's no need to chase the CCA request as non-compliance is a bar to enforcement and you'll include that in your defence.

Let's keep it all on here so we know what's going on. I posted the link to the other thread so you can take a look at an example defence but when you are ready to post up your draft it should be posted up here. :thumb:

[cbwindmill]

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

Hi Flamming Parrot thankyou for your reply.
Just want you and the forum to look over this 28 day extension request letter/ Email before i send it in.
Not sure whether i should leave out parts of it?. See what you think...

Dear Sirs,

Ref: Arrow Global v Xxxxxxxx
Claim no. XXXXXXX

I write with reference to the above claim, deemed served on the 3^rd August 2015
Please supply me with the following documents, as mentioned within your claim form so as I can formalise my defence. You should be aware that this letter will be referred to as an exhibit if this matter does escalate to trial and I will be arguing your unreasonable conduct:


1. A copy of the Contract as mentioned;
2. A copy of the Default Notice as mentioned;
3. Copy of Assignment Notice;

As you are aware, I am entitled to request an extension of time to allow me to compile and formalise my defence. CPR15:5 states:

Agreement extending the period for filing a defence - 15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

I therefore formally request an extension of time which will be until 4pm on the 28^th September 2015 deemed as served}.

Remember as a Litigant in Person you must adhere to regulatory guidelines otherwise I will notify the court of any abuse of process or attempted intimidation/bullying.

I look forward to your response within the next 7 days.

Yours faithfully,
XXXXXXXXX

[cbwindmill]

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

Just an addition does anybody know the email address for Restons Solicitors, Warrington? the only one i can find is npc@restons.co.uk

[FlamingParrot]

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

What I would say is that they are under no obligation to agree to an extension, so you can't formally request one. In theory they should comply with a request under CPR 31.14 at least until the claim is allocated to small claims, however, the only way to enforce such as request would be via an unless order. If you look around, you'll find a number of claims end up being discontinued when the claimants are not able to obtain the documents. ray: This means their lack of compliance can be turned to your advantage.

I would just say something along the lines of "Further to your letter of xx/xxxx/2015, would you please confirm your agreement to a 28 day extension to file a defence which is the maximum allowed under CPR 15.5 so I can notify the court..."

CPR 15.5 allows a maximum of 28 days not an indefinite amount of time and you don't want this hanging around forever either. This way if they agree you notify the court, if they refuse then you just proceed with the generic defence arguing they neither supplied you with the documents nor agreed to an extension. :thumb:

[nemesis45]

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

Just an addition does anybody know the email address for Restons Solicitors, Warrington? the only one i can find is npc@restons.co.uk

I'm not sure if Restons accept service of documents by e-mail, do you have one of their letter heads?

nem

[cbwindmill]

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

hi nemisis many thx for replying ,
yes but theres no email on there. i googled them and found npc@restons.co.uk just wondered if that was one i could use aswell as writing to them via recorded delivery?

- - - Updated - - -

hi Flamming parrot,
so just leave most out and send what you suggest or add what you suggest?

[cbwindmill]

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

I'm going to send it when I get home from work today so any advice regarding how to draft it up will be greatly appreciated

[Kafka]

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

Do you have a first draft for comment?

[FlamingParrot]

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

Just something basic like I said previously. With regards to email, the easiest thing would be to ring them and ask whether they can be contacted by email and if so, at what address. hone:

I would just say something along the lines of "Further to your letter of xx/xxxx/2015, would you please confirm your agreement to a 28 day extension to file a defence which is the maximum allowed under CPR 15.5 so I can notify the court..."

- - - Updated - - -

Do you have a first draft for comment?

It's not a defence yet, just to confirm agreement to an extension.

[Kafka]

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

Just something basic like I said previously. With regards to email, the easiest thing would be to ring them and ask whether they can be contacted by email and if so, at what address. hone:


- - - Updated - - -


It's not a defence yet, just to confirm agreement to an extension.

I'm aware of that. I was asking cb to have a go first on the lines you have indicated rather than be given a product that might not reflect the specific points, as they are often slightly different.

[cbwindmill]

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

thankyou both.

[cbwindmill]

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

HI @Kafka [MENTION=37786]FlamingParrot[/MENTION] Update : as of yet still no response from Restons though I didn't really expect one, I'll be sending a recorded delivery letter tomorrow to follow up email. I'll ring them again later when I finish work.judging by there lack of cooperation in documents, details and such. It looks like I'll be filing a generic defence as people have done before. Some help of advice welcome in the defence thing.

[FlamingParrot]

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

HI @Kafka @FlamingParrot Update : as of yet still no response from Restons though I didn't really expect one, I'll be sending a recorded delivery letter tomorrow to follow up email. I'll ring them again later when I finish work.judging by there lack of cooperation in documents, details and such. It looks like I'll be filing a generic defence as people have done before. Some help of advice welcome in the defence thing.

Given that they had said they would take no further action, I'd be inclined to hold them to their word and chase up the extension. Give them a ring and ask them whether they received your email. :cell:

You'll very likely end up filing the generic defence anyway but it's good to make them sweat a little. :grin:

This is the example generic defence: http://www.legalbeagles.info/forums/...t-Court-Claims

[cbwindmill]

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

I sent this this morning via email and also recorded delivery. Basically because the last email wasn't responded to, even though they said they would when I rang. I previously sent the version you [MENTION=37786]FlamingParrot[/MENTION] suggested and had no response.

Dear Sirs

Claim Number: - Xxxxxxx. Xxxxxxx

You will be aware that I have requested further information from you regarding your clients claim No Xxxxxxxx relating to a debt allegedly previously owed to Santander

As I am yet to receive any information from either yourselves or your clients to enable me to make an informed decision in defending the claim I would like to request your agreement to an extension of 28 days to the date for filing my defence as allowed under CPR 15.5.

If you could confirm to me via return Email and in writing stating that this is acceptable to your client. So I can inform the court of the extension via Email and in writing.

Considering the current deadline for submission is the 01/09/2015 I would appreciate a response by return.

Kind regards

Xxxxxxxxx

Let's see what happens next. If anything

[cbwindmill]

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

hi [MENTION=66]Kafka[/MENTION] [MENTION=37786]FlamingParrot[/MENTION] this afternoon i received a less than helpful email response from Restons solicitors.

Dear Sir/Madam

We acknowledge receipt of your email. We shall respond, where necessary, in due course.

Yours faithfully

Restons Solicitors Limited

It seems like they just want me to enter my defence with no paperwork/ documents etc,
Where do i go from here? do i wait till Tuesday 1st sept? which is the deadline or do i just enter my defence on monday, though monday is a bank holiday so it wouldnt get looked at till tuesday anyway:tinysmile_cry_t:

Is this the usual tactics they use,?
Again any assistance appreciated

cheers cbwindmill