Help with CCJ. Arrow Global & Restons

[charitynjw]

Re: Help with CCJ. Arrow Global & Restons

[IMG]IMG_7330[/IMG]

Erm........

[willow6972]

Re: Help with CCJ. Arrow Global & Restons

Particulars of Claim

The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and MBNA dated on or about xxx xx xxxx and assigned to the claimant on xxx xx xxxx

Particulars ac/ no xxxxxxxxxxxxxxx
DATE
XX/XX/2016

ITEM
Default Balance

VALUE

£XXXX.XX


TOTAL

£XXXX.XX

[charitynjw]

Re: Help with CCJ. Arrow Global & Restons

Ok.

As things stand they are non-compliant as regards the CCA request. (Not only due to the illegible copy, you should also have received legible T&Cs as at inception, plus any subsequent variations, & a signed statement of the account).

The court timetable is paramount; unless they accept your invitation of a 28 day extension (per the CPR letter), you will need to file a defence at court within 33 days of the claim issue date.
If you have not received anything further from the Claimant/sols between now & a couple of days or so before the 'defence date', you can use the defence example on the top of this thread, suitably tweaked to show that the response to your CCA request is not compliant.
I also note that the agreement (contract) was from 2005.

[willow6972]

Re: Help with CCJ. Arrow Global & Restons

Ok, will wait and see what comes back.
Is the date of the agreement siginificant?

[willow6972]

Re: Help with CCJ. Arrow Global & Restons

Good Morning!

I have had a reply from Restons re my CPR request. Knowing Restons it's a standard response to this type of request, but I need you to tell me how to respond please.

'We acknowledge receipt of your recent request made pursuant tp CPR 31.14

We would point out that the claim was issued via the County Court Business Centre which is a procedure specifically provided for the CPR. This procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any disclosures. Paragraph 5.2A of Practice of Direction 7E specifically states "the requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contact claims does not apply to claims using the online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction."

We would also remind you that CPR 31.14 states;-

"A party may inspect a document mentioned in-

a) a statement of case
b) a witness statement
c) a witness summery; or
d) an affidavit."

You would have been provided with a copy of the contractual Terms and Conditions at the time the account was opened and hence we see no reason why you now require an additional copy.
Furthermore, the other documents you have requested are not "mentioned" in the particulars in the particulars of claim and therefore CPR 31.14(1) does not apply.


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


a) the date the account was opened
b) the account number
c) the outstanding balance
d) the name of the original creditor; and
e) the fact that the account has been assigned to the claimant and when it was assigned.



blah blah blah,,,,, Restons.



The particulars of claim only stated contract and assignment, so that is all I asked for.

[charitynjw]

Re: Help with CCJ. Arrow Global & Restons

Is the date of the agreement siginificant?

It is possible that s127(3) of the original 1974 CCA may be relevant.

[willow6972]

Re: Help with CCJ. Arrow Global & Restons

Ahh right. Any ideas as to how I reply to this mornings letter?

[charitynjw]

Re: Help with CCJ. Arrow Global & Restons

What did you ask for via the CPR request?
Was it only the agreement & the NoA per your previous post?

[willow6972]

Re: Help with CCJ. Arrow Global & Restons

Used the template letter above and asked for contract (that's what they called it on POC) and notice of assignment. Only asked for what they had put in POC

[willow6972]

Re: Help with CCJ. Arrow Global & Restons

Can anybody help with a reply to the last letter from Restons please?

[MIKE770]

Re: Help with CCJ. Arrow Global & Restons

they are trying to allay you - usual nonsense from them, CPR31.14 is relevant up unto allocation - they are trying no doubt to cover the fact they do not hold necessary document for now. they are the pits and certainly not ethical in their business mind you neither are a lot of others in that so called profession

[nemesis45]

Re: Help with CCJ. Arrow Global & Restons

Can anybody help with a reply to the last letter from Restons please?

For the Personal Attention Of.
Nigel Coe
Director
Restons Solicitors

Date:




Re: County Court Claim No.''''''''''''''''''''''''''''''''''''''''''''''' '''
Claimant.....................................


Dear Mr Coe,

I am in receipt of a letter from Restons in response to my request for inspection of documents mentioned in the particulars of this claim under the provisions of CPR 31.14.

You are reminded that this claim has not been allocated to any track therefore the request is relevant.

What documents I may or may not have received from the original creditor is of no relevance at all as I am requesting sight of the documents your client intends to reply on in court.

Please therefore send the documents required by return of post or confirm that your client was not in possession of said documents on the date tis claim was issued.

Restons conduct in this matter will be brought to the attention of the court.

Yours etc.

Use signed for post, check delivery date and signature and print off a copy.

nme

[willow6972]

Re: Help with CCJ. Arrow Global & Restons

Thanks!

I need to start thinking about my defence I suppose

I never wanted not to pay this debt. I just wanted to see the credit agreement and terms, as I had questions as to how the balance was so much. The credit agreement they (arrow) sent is totally illegible. I cannot read the terms at all. I wrote for a clearer credit agreement to be sent. Restons issued court papers instead.

How do you very brilliant people suggest I handle the next step?

[nemesis45]

Re: Help with CCJ. Arrow Global & Restons

Thanks!

I need to start thinking about my defence I suppose

I never wanted not to pay this debt. I just wanted to see the credit agreement and terms, as I had questions as to how the balance was so much. The credit agreement they (arrow) sent is totally illegible. I cannot read the terms at all. I wrote for a clearer credit agreement to be sent. Restons issued court papers instead.

How do you very brilliant people suggest I handle the next step?

Willow if the agreement is illegible in any part it's not compliant.

My suggestion is in post #27 for immediate action.

nem,

[willow6972]

Re: Help with CCJ. Arrow Global & Restons

Right, done that. Will post recorded tomorrow. I was just thinking ahead, the defence part terrifies me, I am aware that Restons aren't the nicest. I want to do everything I possibly can to avoid a CCJ!