Restons....arrow global....hsbc confused

[tids_69]

Re: arrow global vs tids_69

Sorry its for a credit card

[tids_69]

Re: arrow global vs tids_69

Hi all...

Letters went signed for this pm...i am just trying to get a grasp on the next step...im guessing its start knocking a defence togeather? Which if my 28 days calculation is right would put it on the 19th of september (unless bank holidays dont count).

....im assuming them not replying to these letters is an easy they havent complied cheery bye type job? Whereas if they do it gets more complicated.

Is there anything i could be doing now to save time and drama later?

Many thanks

[tids_69]

Cpr request reply......next?

Sent a cpr to restons on Tuesday recieved a reply to day acknowledging receipt and stating the following

"We would point out that the claimwas issued via the county court business centre which is a procedure specfically provided for in the cpr. The procedure only allowsa claimant to insert brief details of tge claim and does not allow for attachment of any enclosures. Paragraph 5.2a of practice direction 7e specfially states ' the requirement in paragraph 7.3 of practice direction 16for documents to be attached to the particulars of the contract claims does not apply to claims started using an online form unless tge particulars are served speratley in accordance with paragraph 5.2 of this practice direction'.

We would also remind you that a cpr 31.14 states aparty my inspect a document mentioned in
A) a statement of case
B) a witness statement
C) a witness summary
D) an affidavit

You would have been provided with a copy of. The contractual terms and conditions at the time the account wad opened hence we se no reason why you now require an additional copy.

Furthermore the other documents you requested are not mentioned in the paticulars of claim and therefore cpr 31.14 does not apply. ( i requested only documents on the pariculars).

Although your letter states you require the requested documents in order to file a defence/counterclaim we would point out that the particualrs of clAim contains sufficient information in order for you to understand what the claim relates to

A) date account opened
B) account number
C) oustanding balance
D) name of origanl creditor
E) the fact the account has been assigned to the claimant and when assigned.

We trust this clarifies matters...."


Now i love a well worded response but to me the smacks of we are being awkward.... My question is therefore do i need to bite by sending a letter expressing that they must comply or do i just sit back and in my defemce point out they failed to comply with the cpr?
Thanks

[nemesis45]

Re: Cpr request reply......next?

Good morning.

It's a template reply.

I suggest something along the lines of:

Private & Confidential:
Mr Nigel Petrie Coe
Director Restons Solicitors Ltd.

Date:


Ref: CC Claim No.........................

Re: CPR 31.14 Request.

Dear Mr Petrie Coe.

On date I sent a request for inspection of the documents mentioned in the particulars of this claim under the provisions of Civil Procedure Rule 31.14,.

I have now received Restons reply dated ...................... and draw your attention to the following points.

1. What documents I may have received in the past from the original credit is no relevant as I am requesting the documents that your client intends to rely on in court.

2.You are reminded that this claim has not yet been allocated to the small claims track meaning that CPR 31 .14 still applies.

3. Please forward the documents mentioned in the particulars of this claim by return of post.

4. The court will be made aware of Restons conduct in this matter.

5. Documents required:

List ONLY the documents specifically mentioned in the POC here. Don't add any other items.

send by signed for post .

nem

[tids_69]

Re: Cpr request reply......next?

Two questions pop up which is probly just my stupidity.
1) wht am i addressing it to the peitrie chap?
2) is there a time frame for the response or is it still based on when the origanal cpr was sent?

Thanks

[nemesis45]

Re: Cpr request reply......next?

Two questions pop up which is probly just my stupidity.
1) wht am i addressing it to the peitrie chap?
2) is there a time frame for the response or is it still based on when the origanal cpr was sent?

Thanks

Nigel Petrie - Coe is the solicitor director of Restons, I always recommend going straight to the top!

7 days is the timescale for complying with CPR 31.14.

nem

[Diana M]

Re: Cpr request reply......next?

Does this issue (CPR 31.14 request) related to your Arrow claim thread? If so it may make sense to merge the two in order to put it in context.

http://legalbeagles.info/forums/show...225#post673225

Have you had any response to your CCA Request yet?

Di

[tids_69]

Re: Cpr request reply......next?

Di yes it is... And nothing about cca...

[Kati]

Re: Cpr request reply......next?

Does this issue (CPR 31.14 request) related to your Arrow claim thread? If so it may make sense to merge the two in order to put it in context.

http://legalbeagles.info/forums/show...225#post673225

Have you had any response to your CCA Request yet?

Di

Di yes it is... And nothing about cca...

threads merged :yo: xx

[tids_69]

Re: Restons....arrow global....hsbc confused

hi
all started to comply the defence today... but a quick update having sent the letter pointing out restons required actions guess what still no reply after a week last time took two days....is there a next step? also please see my defence as it stands below. i Haven't put the dates in yet or the claim number... italics are questions i have that id like clarified if possible... many thanks

1: I received the claim [Claim Number] from the mothampton County Court on 22/9/16

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.
[It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

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

[5. The particulars of claim fail to state when the agreement was entered into.] is this a case of if they haven’t given a particular date? As the claim says on or around…?

6. The Claimants statement of case states that the account was assigned from hsbc to arrow on [Date]. The Defendant does not recall receiving notice of this assignment.

7. It is denied that hsbc 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 [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to restons. I requested the Claimant provide copies of the contract and notice of assignment .

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

10. On the [Date] I sent a formal request for a copy of the original agreement to arrow 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) Consumer Credit Act 1974 and by virtue of 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.] or [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.] I don’t understand what this is referring to?

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.

[tids_69]

Re: Restons....arrow global....hsbc confused

hi
all started to comply the defence today... but a quick update having sent the letter pointing out restons required actions guess what still no reply after a week last time took two days....is there a next step? also please see my defence as it stands below. i Haven't put the dates in yet or the claim number... italics are questions i have that id like clarified if possible... many thanks

1: I received the claim [Claim Number] from the mothampton County Court on 22/9/16

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.
[It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

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

[5. The particulars of claim fail to state when the agreement was entered into.] is this a case of if they haven’t given a particular date? As the claim says on or around…?

6. The Claimants statement of case states that the account was assigned from hsbc to arrow on [Date]. The Defendant does not recall receiving notice of this assignment.

7. It is denied that hsbc 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 [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to restons. I requested the Claimant provide copies of the contract and notice of assignment .

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

10. On the [Date] I sent a formal request for a copy of the original agreement to arrow 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) Consumer Credit Act 1974 and by virtue of 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.] or [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.] I don’t understand what this is referring to?

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.

[tids_69]

Re: Restons....arrow global....hsbc confused

Oh something else just popped into my head....i believe its pretty close to if not satute barred....do i put this in the defence or do i err on side of caution and leave it off for now?

Still no replies from restons....

[tids_69]

a question about defence

i have started putting my defence togeather.... (it needs to be sent asap. my reckoning if the papers where dated 22nd august then they need to be in northampton by wedsnesday 21st?)

i have a couple of questions.....


[5. The particulars of claim fail to state when the agreement was entered into] the particulars say on or around is this acceptable?


[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.] or [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.] I don’t understand what this is referring to?

i have also attached a copy of the defence for your reading pleasure and advice...

[tids_69]

Either im going mad or arrow are amateurs

Having submitted my defence about the arrow restons claim last week i had confirmation of my defence and that the court where going back to arrow and restons.as neither had forfilled the cca/cpr. Today i get a letter from arrow saying thay arent the creditor and that they are going to get the documents from the relavent people and returned my postal order. They also say all collection activity will stop.

Do i need to do anythi g or just ait back and watch it fade away?

[Amethyst]

Re: Restons....arrow global....hsbc confused

Hi Tids, I've merged all your threads together, it is best if you try keep to one else people won't be able to piece together whats happening with your case and you might not get answers ( I can see your defence wasn't spotted before so also a reminder you can always tag someone eg [MENTION=6]Amethyst[/MENTION] or pm someone if you haven't had an answer for a little while. )

The letter from Arrow is standard fayre these days, they won't even know about your defence - it's just standard tosh in reply to the CCA letter.

So for now just hang fire and see if Arrow/Restons do go back to court to say they wish to proceed with the claim - you'll know because you'll get a directions questionnaire in the post from the court. If you haven't heard anything by the end of October give the court a call and ask them if the case has been stayed. Then if still no documents we can suss out what, if anything, you should be doing next.