Reston/Arrow/MBNA V 1vinnie.

[1vinnie]

Re: Reston/Arrow/MBNA V 1vinnie.

Each company is a separate legal person so unless you can believe Arrow Global Guernsey has an office in Manchester or London I would advise against it. They have their address on the court form and that's where they should really be sent to I think. Because the letter needs to be signed if it is not signed then it can't be deemed to have been served. If however you send by normal post and have a postage receipt of the day it was posted, then it is deemed to have been served under the normal posting rules regardless of whether they have got it or not. But if others have posted to Manchester / London to request that information then do it but to me strictly speaking, it would need to be sent to their registered office unless you have proof otherwise. You can try and do this by emailing Arrow they have on their website queries@arrowglobal.net and confirm Arrow Guernsey's position

Can you confirm what exactly does Royal Mail say?

I have got a screenshot of the tracking page.

[1vinnie]

Re: Reston/Arrow/MBNA V 1vinnie.

So i should send another CCA request to Arrow Guernsey at the address on the Court form and with another £1 PO and get proof of posting.

As for the letter of extension and response to the CPR, we can send another letter or email to them chasing that up with the threat of costs for unreasonable conduct - i'll knock something up soon if no one else has done]

Were you able to knock something up for me in response to chasing up the extension letter ROb ?

Thnk you.

[R0b]

Re: Reston/Arrow/MBNA V 1vinnie.

It wouldn't hurt and keep proof of postage receipt if they dispute it was never sent or received.

Dear Sirs,

Re: Arrow Global Guernsey Limited v [NAME]

I am writing with reference to the above matter and your previous letter dated XX XX XXXX

You will be aware that this matter has not been allocated to the small claims track and until it is so ordered, the rules of small claims do not apply. Nevertheless the courts expect both parties to help further the overriding objective in litigation and in particular, a 'cards on the table' approach to allow equal footing and to understand each other's case. This was confirmed in Expandable v Rubin [2008] EWCA Civ 59 in which RixLJ said:

“The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”

I also note that you have failed to respond to my request for an extension of 28 days to so that you can provide me with the necessary documents you wish to rely on and to enable me to properly plead my defence. You have suggested that I would have received the terms and conditions over 10 years ago, however this is not an excuse to deny my request for those terms. It is your client who is bringing this claim and it is expected that they ought to have those documents in their possession prior to the commencement of proceedings. If they do not, then it is an abuse of process as there can be no reasonable grounds for bringing such a claim. I can only assume that your point blank refusal to provide these terms and conditions means that your client is not in possession of them. Furthermore, your lack of cooperation in this matter is unreasonable and should you continue to ignore my requests, I shall draw the court's attention to this letter when it comes to an award of costs.

Therefore, I ask again that you consent to an extension of 28 days to file my defence and that you supply me with the documents as referred to in my previous letter.

I look forward to hearing from you.

[1vinnie]

Re: Reston/Arrow/MBNA V 1vinnie.

So i should send another CCA request to Arrow Guernsey at the address on the Court form and with another £1 PO and get proof of posting.

I got another £1 PO today. Should this go to the same address as the one i posted signed for 10 days ago in La Praiderie House, La Praiderie Guernsey as the Court claim form states as clients address?
I did send an email to Arrow yesterday but have not got a reply and as time is ticking and there is a Bank Holiday Monday i just want to get it sent with proof of posting.
I have printed off the letter you kindly made for me, Thans a lot for that.

1vinnie

[R0b]

Re: Reston/Arrow/MBNA V 1vinnie.

I would re-send yes if thats the address on the claim form.

[1vinnie]

Re: Reston/Arrow/MBNA V 1vinnie.

Hello all.
I hope you are having a great weekend.
I followed what ROb suggested in sending a another letter to Restons asking for an extension as they never replied to my 1st request.
As of today i have not got a reply from them.
I also sent another CCA request to the Guernsey office and have not heard back from them.
The 1st CCA request was sent 16/08/2016 which i think is near/over the 12+2 days to comply.
I was waiting for Restons/Arrow to send me paperwork so i can work out my W/S as i have to file it by Sunday 11/09/2016 so to send it to them to get ther Friday i would have to send it this Wednesday. I don't want to send the W/S in too early and then i get the paperwork or the agree to hte extension and my W/S is then no good.

[R0b]

Re: Reston/Arrow/MBNA V 1vinnie.

Hi Vinnie,

When you say WS do you mean your defence? Assuming this has not been transferred to a local court, you could email the defence to CCBC and if it is sent on the same day before 4pm then it is acknowledged as being received. It is also my understanding that if a deadline falls on a weekend, it should then be filed by the next working day, so you would have until Monday 12 to file and serve.

You could email them (if you have an address) and send a reminder/chase up then remind them that ignorance is considered unreasonable conduct and you will be seeking costs against them for a failure to respond/co-operate.

[1vinnie]

Re: Reston/Arrow/MBNA V 1vinnie.

When you say WS do you mean your defence? Assuming this has not been transferred to a local court, you could email the defence to CCBC and if it is sent on the same day before 4pm then it is acknowledged as being received. It is also my understanding that if a deadline falls on a weekend, it should then be filed by the next working day, so you would have until Monday 12 to file and serve.

Thank you ROb.
Yes i do mean a defence.

You could email them (if you have an address) and send a reminder/chase up then remind them that ignorance is considered unreasonable conduct and you will be seeking costs against them for a failure to respond/co-operate.

When you say email them to remind/chase do you mean Restons whom i asked for a response to my 2nd letter about an extension or Arrow for the 2nd request for a CCA to which both have not replied.
The postperson has been and not delivered anything from either company this morning.
I did email Arrow last week about which was the correct address for them but i never got a reply back.

[R0b]

Re: Reston/Arrow/MBNA V 1vinnie.

Hi Vinnie, yes I do mean chase Restons regarding the extension of time request. I wouldn't chase up Arrow for their part as failure to comply will mean that the agreement will become unenforceable until they have complied with the request. You don't want to assist their case by alerting them that the deadline to comply is looming, let them do that in their own time and if they don't have the documents required by the court date that is their fault not yours.

[1vinnie]

Re: Reston/Arrow/MBNA V 1vinnie.

Hello.
The postperson has been today the girfriend called and said no letters from Arrow or Restons.
I thought i had an email address for Restons but i don't.
There is not one shown on their website or the letters they have sent me.

As to sending my defence by email to the courts can i do that on the MCOL website and for sending the defence by email how would i put my singinture on an email as i have never done that before.

[R0b]

Re: Reston/Arrow/MBNA V 1vinnie.

You can do it online although not sure if defendants have a word limit on the defence. If not do it that way, if there is then you could email it to ccbcaq@hmcts.gsi.gov.uk but try on MCOL first.

Well if they haven't given you an email address the only way really is to write to them.

[1vinnie]

Re: Reston/Arrow/MBNA V 1vinnie.

Hello.
I managed to find 2 email addresses for Restons on seaching goooooogle and sent 2 emails 1 to each address. So far they have not been returned as wrong address. It seem strange that they dont have an email address on their website or paperwork.
I am struggling with what to put in my defence statement so it doesn't look stupid. Do you or anybody have any ideas or pointers that would be a great help to me.
I have not checked with MCOL about the word/size limit that they accept online.
I am at the hospital with my girlfreind and her dad who is having another bowel op to remove something to do with his cancer so i don't know how long i will be here but i do have a tablet to keep in touch with leaglebeagles.

[R0b]

Re: Reston/Arrow/MBNA V 1vinnie.

If you click on the 'Defence Example' above in the green box top of this page you will have that as a starting point. It's not a one size fits all so you will have to tailor it in relation to any missing documents or lack of response from Restons. You may also wish to consider a counterclaim, your agreement was taken out almost 20 years ago so there's a good chance they can't locate any terms or conditions of the agreement and could amount to an abuse of process.

There is a similar thread to yours I posted an example defence post #34 in word format, if you take a look that may also be your starting point -> http://www.legalbeagles.info/forums/...Ltd-v-dasher13

[nemesis45]

Re: Reston/Arrow/MBNA V 1vinnie.

Hello.
I managed to find 2 email addresses for Restons on seaching goooooogle and sent 2 emails 1 to each address. So far they have not been returned as wrong address. It seem strange that they dont have an email address on their website or paperwork.
I am struggling with what to put in my defence statement so it doesn't look stupid. Do you or anybody have any ideas or pointers that would be a great help to me.
I have not checked with MCOL about the word/size limit that they accept online.
I am at the hospital with my girlfreind and her dad who is having another bowel op to remove something to do with his cancer so i don't know how long i will be here but i do have a tablet to keep in touch with leaglebeagles.

I don't think Restons will accept service of documents by e-mail.

nem

[1vinnie]

Re: Reston/Arrow/MBNA V 1vinnie.

Thank you ROb for that.

I don't think Restons will accept service of documents by e-mail.

nem

My email to Restons was about them not responding to my extension request and ROb said email them to remind them that "ignorance is considered unreasonable conduct".
For doing my defence do i have to send Restons a hard copy of the same defence i send to MCOL online/email. I am not sure on that one.