Reston/Arrow Global

[Kati]

Re: Reston/Arrow Global

I went on the moneyclaim site and submitted a right to defend. The letters to Restons and Arrow will be in the post tomorrow. (the CCA and CPR) Is there anything else that I need to do now? xx

Just keep an eye on the dates/timetable ... wouldn't want to give them a chance to apply for a default judgement xx

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as @charitynjw says:

The most important thing now is the court's timetable.
You have 33 days from the claim issue date to submit a defence. This might be extended, by agreement with the claimant, a further 28 days. If so, you (the defendant) will need to inform the court.

[charitynjw]

Re: Reston/Arrow Global

I went on the moneyclaim site and submitted a right to defend. The letters to Restons and Arrow will be in the post tomorrow. (the CCA and CPR) Is there anything else that I need to do now? xx

Actually, yes there is.

If you are in doubt whether you owe the alleged debt, you could also send a 'prove-it' letter.
If this is done via CPR 18 (it must be a stand-alone letter to the legal rep, though it could be sent in the same envelope as the CPR 31.14 letter), it may give them pause for thought.
https://www.justice.gov.uk/courts/pr...rt18/pd_part18

& it could also be Statute-barred.
You could either refer to your bank records, or contact the bank you were using during the relevant period (2007-2013) to obtain historic data. (they often archive records older than 6 years; no harm in asking).
There is usually a small charge for this info.

[GSDgirl]

Re: Reston/Arrow Global

I have saved this link, many thanks. If I knew what this is about. I don't recall ever having dealings with Santander. Im really greatful xx

[Diana M]

Re: Reston/Arrow Global

If I knew what this is about. I don't recall ever having dealings with Santander.

Did you ever have any dealings with the Alliance and Leicester which was 'acquired' by Santander in October 2008? Or maybe a Cahoot personal loan?

In fact Santander Hoovered up a number of financial institutions during the aftermath of the Credit Crunch.

A lot of the business they 'acquired' was store cards from G E Capital Bank such as Debenhams accounts.

Di

[GSDgirl]

Re: Reston/Arrow Global

I did have a debs card a long time ago. In fact I work for them and had a staff card, My understanding was that I had paid that some time ago.

[MIKE770]

Re: Reston/Arrow Global

Debenhams no doubt was GE card --- years ago Welbeck Finance was the card issuer (Debenhams in house finance arm - sold off) situated at The Mount. Taunton, Somereset not far from Debenhams admin centre = Bedford House , Taunton

[GSDgirl]

Re: Reston/Arrow Global

Hi
I have now heard back from Restons. It acknowledges my letter but states that I had a copy of the agreement when I took out the original agreement ( turns out it is Debenhams...sure I paid it off) Anyway, they say they see no reason why I know I require an additional copy, they have stated verse and chapter of legal practice direction and basically told me I can stick my letter where the sun doesn't shine. I have taken a photo of this...can I send to so someone to look at please? xx

[Kati]

Re: Reston/Arrow Global

Hi
I have now heard back from Restons. It acknowledges my letter but states that I had a copy of the agreement when I took out the original agreement ( turns out it is Debenhams...sure I paid it off) Anyway, they say they see no reason why I know I require an additional copy, they have stated verse and chapter of legal practice direction and basically told me I can stick my letter where the sun doesn't shine. I have taken a photo of this...can I send to so someone to look at please? xx

sounds like a typical Restons letter

Of course ... you can email it to me (with a link to this thread) and I'll pop it up later - kati@legalbeagles.info xx

[Diana M]

Re: Reston/Arrow Global

I have now heard back from Restons. It acknowledges my letter but states that I had a copy of the agreement when I took out the original agreement ( turns out it is Debenhams...sure I paid it off) Anyway, they say they see no reason why I know I require an additional copy, they have stated verse and chapter of legal practice direction and basically told me I can stick my letter where the sun doesn't shine.

While they're entitled to their opinion (as to where you should file your letter ) they will also be aware that they have a statutory obligation to send you a copy of the credit agreement (and other things) as requested under s.78 CCA 1974. Unless or until they do they cannot enforce the debt (i.e. no CCJ).

It's presumptuous of them to say that you would have had a copy of the agreement when you opened the account. What account? At this stage you've not admitted that you even had an account with anyone - that's for them to prove.

How do you know it was a Debenhams account since that wasn't in the POC? Whatever happens don't enter into any communication with Restons, and definitely don't tell them it was a Debenhams product.

Out of interest would it have been a Debenhams store card or credit card? I have a reason for asking in case it wasn't closed and paid off.

Di

[Kati]

Re: Reston/Arrow Global

got it:

[GSDgirl]

Re: Reston/Arrow Global

While they're entitled to their opinion (as to where you should file your letter ) they will also be aware that they have a statutory obligation to send you a copy of the credit agreement (and other things) as requested under s.78 CCA 1974. Unless or until they do they cannot enforce the debt (i.e. no CCJ).

It's presumptuous of them to say that you would have had a copy of the agreement when you opened the account. What account? At this stage you've not admitted that you even had an account with anyone - that's for them to prove.

How do you know it was a Debenhams account since that wasn't in the POC? Whatever happens don't enter into any communication with Restons, and definitely don't tell them it was a Debenhams product.

Out of interest would it have been a Debenhams store card or credit card? I have a reason for asking in case it wasn't closed and paid off.

Di

Hi
Originally it said Santander on the claim form, nothing else. The letter I just received from Restons said Santander/Debenhams... That is how I have found out so to speak.

[Diana M]

Re: Reston/Arrow Global

I did have a debs card a long time ago. In fact I work for them and had a staff card, My understanding was that I had paid that some time ago.

Have you a way of double checking that (no need to tell them why if you still work for them)?

Di

[Diana M]

Re: Reston/Arrow Global

got it:

GSD Girl, was there a second page to that letter from Restons?

Sometimes the bulk of a letter can be huffing and puffing while the final paragraph says what they're going to actually do about it (or not).

Di

[Diana M]

Re: Reston/Arrow Global

Particulars state:
" The claimant claims payment of the overdue balance due from the defendent under a contract between the defendant and Santander. dated on or about Aug 24 2007

The POC you quoted state that the account (which we now know to be a Debenhams store card) was opened on or about 24th August 2007.

Is that date accurate? Before or after 7th April 2007 could make all the difference.

Di

[charitynjw]

Re: Reston/Arrow Global

While they're entitled to their opinion (as to where you should file your letter ) they will also be aware that they have a statutory obligation to send you a copy of the credit agreement (and other things) as requested under s.78 CCA 1974. Unless or until they do they cannot enforce the debt (i.e. no CCJ).

It's presumptuous of them to say that you would have had a copy of the agreement when you opened the account. What account? At this stage you've not admitted that you even had an account with anyone - that's for them to prove.

How do you know it was a Debenhams account since that wasn't in the POC? Whatever happens don't enter into any communication with Restons, and definitely don't tell them it was a Debenhams product.

Out of interest would it have been a Debenhams store card or credit card? I have a reason for asking in case it wasn't closed and paid off.

Di

The Reston's letter (which was not posted on this thread until after Di's above post) only makes reference to the CPR request for documents.
Have you obtained proof of posting for both letters?