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

[FlamingParrot]

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

It could well be an automated, generic email response. Bear in mind neither them nor their clients ever have any documents and rely on the original creditor to supply them if and when. :mmph: They issue these claims in the hope of obtaining default judgment.

You can submit your defence online or by email so it doesn't have to be a working day, the court won't look at it as such, just send it to the claimant who will have 28 days to respond to say whether they wish to proceed, if they don't the claim just gets stayed. :ranger:

In your defence you can mention the fact Restons neither complied with your request nor communicated their agreement to an extension. You may want to look at the generic defence most people on here use, based around not having received any documents: http://www.legalbeagles.info/forums/...t-Court-Claims :thumb:

[cbwindmill]

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

Hi [MENTION=37786]FlamingParrot[/MENTION] [MENTION=66]Kafka[/MENTION] Guys well today i received yet another what seems like stalling technique from Restons

Dear Sir,

In order for us to communicate with you via email, please kindly confirm the following: -

1. Your full name;
2. Your full address, including post code; and
3. Your Date of Birth.

Please also confirm that this email address is accessible only by you.

Yours faithfully,

Miss L Tipping

Chartered Legal Executive


Restons Solicitors Limited
Trinity Chambers
800 Mandarin Court
Centre Park
Warrington
Cheshire WA1 1GG

Telephone 01925 661 654
Main office 01925 393 141
Fax 01925 417 517

DX 17770 Warrington

Surely they would have these already! , After all they were quick to get the court claim to the address they have.
What should my response be to this email?
The thing is my defence has got to be by 1st september 2015 so as to what i do and giving them time to reply im at a loss other than doing the defence with no documents.
I feel they have me over a barrel because of the timing of the bank holiday, for them to reply to email or the letter i sent. The letter was sent yesterday recorded delivery at 12 noon and they received and signed for it at 9.02 am this morning so more than enough time to reply via letter i think. so with luck i should receive an answer tomorrow through the mail instead of email? who knows with these clowns, delay after delay dragging things to the wire.
Again your wisdom, help and advice needed.

[FlamingParrot]

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

Surely they would have these already! , After all they were quick to get the court claim to the address they have.
What should my response be to this email?
The thing is my defence has got to be by 1st september 2015 so as to what i do and giving them time to reply im at a loss other than doing the defence with no documents.
I feel they have me over a barrel because of the timing of the bank holiday, for them to reply to email or the letter i sent. The letter was sent yesterday recorded delivery at 12 noon and they received and signed for it at 9.02 am this morning so more than enough time to reply via letter i think. so with luck i should receive an answer tomorrow through the mail instead of email? who knows with these clowns, delay after delay dragging things to the wire.
Again your wisdom, help and advice needed.

Don't worry, it's not like they were really going to supply you with any documents, if they had them they'd have provided them. The majority of people who request and agree extensions end up filing the generic defence anyway. It is a BH and they're not likely to be working till the 1st so you can just go ahead with the defence. :typing: They never actually said they were agreeing to an extension, they were just mucking about. :rant: :rant:

[cbwindmill]

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

Just an addition , as with them saying they need me to confirm details with them. Well im not happy doing that because i want to give them as little information from me as i can. After all they sent an email acknowledging the email i sent them. I know its probably an auto response standard email.
What should i send them? as i said in the earlier post they have received the letter i sent yesterday (post #44)
so if they sent anything i should get it tomorrow? or more than likely 1st sept. the deadline date.
i must admit that is what im fearing thus giving me no time to defend with the knowledge of what ide be facing in regards of what documents they are holding.

Again any help very much appreciated

- - - Updated - - -

Hi [MENTION=37786]FlamingParrot[/MENTION] thank you for that FP
indeed no they didnt agree to an extension but what happens if on the first i get the agreement to one , and i had filed my defence?

[FlamingParrot]

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

Just an addition , as with them saying they need me to confirm details with them. Well im not happy doing that because i want to give them as little information from me as i can. After all they sent an email acknowledging the email i sent them. I know its probably an auto response standard email.
What should i send them? as i said in the earlier post they have received the letter i sent yesterday (post #44)
so if they sent anything i should get it tomorrow? or more than likely 1st sept. the deadline date.
i must admit that is what im fearing thus giving me no time to defend with the knowledge of what ide be facing in regards of what documents they are holding.

Again any help very much appreciated

Tomorrow is Saturday and I'd be very surprised if they were working on a Saturday even if it wasn't a BH w/e.

They are not holding any documents, that's the thing, those debt purchasers like Arrow buy debts in bulk without any paperwork. They have to go back to the original creditor to obtain it and they would be in no hurry to dig them up when no longer have any interest in the account. These claims are issued in the hope of obtaining default judgment which sadly is how over 75% of money claims end.

If you submit the no documents defence and they decide to proceed with the claim, the court will require them to send you the documents they intend to rely on at least 14 days before the hearing, at that point many claimants stumble and have to discontinue. ray: ray: They can't just spring a surprise in court. :nono:

[FlamingParrot]

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

Hi @FlamingParrot thank you for that FP
indeed no they didnt agree to an extension but what happens if on the first i get the agreement to one , and i had filed my defence?

Nothing happens, you no longer need the extension once your defence is filed. :ranger: It's not an obligation for either them to agree to, or for you to request an extension, it's just part of the process to show you've tried your best to get them to back up their claim with paperwork.

[cbwindmill]

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

thanks again [MENTION=37786]FlamingParrot[/MENTION]
if i get the defence posted up on here either tonight or tomorrow would you be able to check it over before monday so i can change what needs to be changed. ? Also where do i send the defence once i have completed it?
Concidering the details ive posted up on here would you suggest the first defence type rather than the blue part or do i have to do both parts, preliminary one and the other?

[FlamingParrot]

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

thanks again @FlamingParrot
if i get the defence posted up on here either tonight or tomorrow would you be able to check it over before monday so i can change what needs to be changed. ? Also where do i send the defence once i have completed it?
Concidering the details ive posted up on here would you suggest the first defence type rather than the blue part or do i have to do both parts, preliminary one and the other?

Sure, do post up your draft. You should be able to submit it online on the MCOL site, if you have any problems logging in it can also be sent by email. :typing:

You only need to do one defence, not two parts. Just pick the paragraphs you think apply to your case better, for example, if you don't think you received a notice of sums in arrears you can add that paragraph, etc. As mentioned on there, those are examples to give you an idea and need to be amended to suit your details. :thumb:

[cbwindmill]

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

[MENTION=37786]FlamingParrot[/MENTION]
What do i put here for what it is there chasing?

3: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.


The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Santander dated on or about May 24th 2008 and assinged to the Claimant on May 10th 2013

[cbwindmill]

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

[MENTION=37786]FlamingParrot[/MENTION] [MENTION=66]Kafka[/MENTION]
take a look at the defence please before i enter it/ send it



IN THE NORTHAMPTON COUNTY COURT (CCBC)
CASE No: B8CYXXXX
BETWEEN:
Arrow Global Limited CLAIMANT
-and-
cbwindmill DEFENDANT

DEFENCE
1: I received the claim B8CYxxxx from the Northampton County Court (CCBC) on 30/07/2015

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6. The Claimants statement of case states that the account was assigned from Santander to Arrow Global Ltd on May 10 2013. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Santander served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 17^th August 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of the Contract , Notice of assignment and Default notice.

9. Restons Solicitors has not sent any of these documents to me.

10. On the 12^th August 2015 I sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to section[77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.]

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

- - - Updated - - -

also the bits ive highlighted what do i keep and remove ?

[Kafka]

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

cb
This looks OK to me.

3 - say that it appears to be for a credit card.

s78 applies to running credit agreements (credit cards), where s77 deals with fixed-term loans.

Basically this is a bog-standard holding defence designed to put them on the spot, not to plead a defence.
layball:

[FlamingParrot]

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

@FlamingParrot @Kafka
take a look at the defence please before i enter it/ send it



IN THE NORTHAMPTON COUNTY COURT (CCBC)
CASE No: B8CYXXXX
BETWEEN:
Arrow Global Limited CLAIMANT
-and-
cbwindmill DEFENDANT

DEFENCE
1: I received the claim B8CYxxxx from the Northampton County Court (CCBC) on 30/07/2015

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

You said it was a credit card so we'll go with that:

Hi Flaming Parrot
yes it was a credit card, then later i believe was either bought out by Santander or they became a partner.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6. The Claimants statement of case states that the account was assigned from Santander to Arrow Global Ltd on May 10 2013. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Santander served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 17^th August 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of the Contract , Notice of assignment and Default notice.

9. Restons Solicitors has not sent any of these documents to me.

10. On the 12^th August 2015 I sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s.78(1) of the Consumer Credit Act 1974 and by virtue of s.78 (6) of the Consumer Credit Act 1974 cannot enforce the agreement.

s.77 is for loans, s.78 is for credit cards so we'll leave that one in.

Obviously everything has to be in the same style, i.e. no bold or highlighting, also remove any rogue square brackets [] that may be lurking somewhere. :thumb:

[cbwindmill]

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

Hi [MENTION=37786]FlamingParrot[/MENTION] ok guys all adjusted and sent in via email and also posting a hard copy to Northampton ccbc too.
Do i need to send anything further to Restons or Arrow?
As of today being Monday 31st August ive not received anything from them so a generic defence it was.
Whats likely to happen next?

[FlamingParrot]

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

Hi @FlamingParrot ok guys all adjusted and sent in via email and also posting a hard copy to Northampton ccbc too.
Do i need to send anything further to Restons or Arrow?

Well done! :clap2: No need to send them anything at this point, the court will take care of sending them your defence. :typing:

As of today being Monday 31st August ive not received anything from them so a generic defence it was.
Whats likely to happen next?

Most claims are issued in the hope of obtaining default judgment without them being in possession of any documents to back up their claims, taking advantage of the fact that there's no requirement to attach documents to claims issued electronically via the bulk centre.

They have 28 days from receipt of your defence to respond and say whether they wish to continue with the claim, if they don't respond the case will be stayed (but you won't be informed if that happens). If they wish to continue, you will receive a directions questionnaire from the court. For now all you do is put this to the back of your mind for a bit. :ranger:

[cbwindmill]

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

Hi [MENTION=37786]FlamingParrot[/MENTION] thank you for you your reply, will the court inform the necessary parties of the defence I've entered ? And also in the mean time what if Restons/ arrow send me any documents during this 28 day respite ? thank you for all your help