Help with CCJ. Arrow Global & Restons

[Diana M]

Re: Help with CCJ. Arrow Global & Restons

I need to start thinking about my defence I suppose

. . . . . The credit agreement they (arrow) sent is totally illegible. I cannot read the terms at all

Your next step is to file your Defence.

I would caution against writing any letter to Restons solicitors until you've done that (if at all). A stroppy letter won't achieve anything except serve to annoy them.

From what you say the Claimant has not complied with your CCA Request. That will probably form part of your Defence.

From what you say you've not been sent a copy of the DN or NOA.

Without the necessary paperwork they cannot enforce the debt in court. They know that which is why they have written you a stroppy letter. It needs no response.

If you have anything to say to Restons then you should say it in your Defence and not in correspondence beforehand.

The Beagles have a template Defence to get you started. I would wait for one of them to guide you where to find it on the forum and they'll also help you to tweak it to suit your own circumstances.

Di

[nemesis45]

Re: Help with CCJ. Arrow Global & Restons

My recommendation stands, as it has proved very successful in ending proceedings very quickly. response is very important!

Putting the point the CPR 31,14 is applicable is Not a stroppy response in any way.

[Diana M]

Re: Help with CCJ. Arrow Global & Restons

I want to do everything I possibly can to avoid a CCJ!

In which case file a Defence with the help of the Beagles

Di

[nemesis45]

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!

We'll start to get your defence together Willow, for now take a look at the defence templates in the green box at the top of this page to give you an idea of format and content, then if you want make a draft and post it here so we can go through it with you.
Plenty of help with this is available.

nem

[willow6972]

Re: Help with CCJ. Arrow Global & Restons

Thankyou so much!

[Diana M]

Re: Help with CCJ. Arrow Global & Restons

as it has proved very successful in ending proceedings very quickly. response is very important!

Putting the point the CPR 31,14 is applicable is Not a stroppy response in any way.

The thing is I can never understand why some people write to solicitors in an attempt to force/cajole them into producing documents.

Surely it's better from a Defence point of view if they don't/can't produce the essential paperwork?

If the OP has not been sent any Ts & Cs (as has been said) that can only be good news for now. Putting pressure on the solicitor to produce them may not help.

Restons' own letter makes a tacit admission that they haven't got the Ts & Cs that's why they're saying they would have been sent to the OP when they opened the account in 2005.

I'm not against letters to the other side inviting a Discontinuance as long as they are accompanied by a Draft Application of what you'll do if they don't agree.

My personal view is that there's a time and a place for writing to the other side and before filing a Defence is not one of them.

Di

[Diana M]

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!

What you do must be your choice.

Your Defence deadline is 17th October (isn't it?). This forum will help you to do that.

You have time to recover from that Restons' letter which appears to have spooked you. That, of course, is why they sent it. It's a template letter they commonly send to LIPs. They wouldn't send that same letter to any solicitor acting for a Defendant

If you want to write to them give some thought as to when would be the right time to do that.

Di

[nemesis45]

Re: Help with CCJ. Arrow Global & Restons

In the case of Restons and CPR 31.14 request it has proved very successful to challenge their template rejections of CPR requests the non cooperation has a positive result when used in defence and WS.

I only recommend actions that have had positive effects.

In todays very aggressive debt purchase and collection industry it's important to met the challenges/ misleading statement and down right ruthlessness head on it one doesn't the LIP gets trodden down.

Long experience has proved this.

nem

[Nomoneynoproblem]

Re: Help with CCJ. Arrow Global & Restons

Keep going as advised and you will find Reestons will either ask for a settlement before it goes to Court or they will discontinue. It's very rare for them to see things to the end.

NMNP.

[willow6972]

Re: Help with CCJ. Arrow Global & Restons

Hi!

Sick, sick and more sick has delayed me somewhat!

Reply from 2nd letter to Restons received yesterday (sure they are messing with me!)

'In the absence of a formal request being made along with the appropriate fee (It was to Arrow, no reply, not cashed cheque) we and out client are under no obligation to provide the documents you have requested.

Should you fail to file a response to the claim within the timeframe stipulated by the court, we may request judgement is entered against you by default'

My defence (as I see it) is that they have failed to supply documents they are relying on in court. After a previous via request they sent an illegible credit agreement which I could not read. I asked for one that I could read, they simply issued court proceedings. Help me make that sound legal speak! Deadline tomorrow. 😤😤

[willow6972]

Re: Help with CCJ. Arrow Global & Restons

Ps, you are all literally brilliant! Many a DCA must live in fear of forums like this!

[Diana M]

Re: Help with CCJ. Arrow Global & Restons

Reply from 2nd letter to Restons received yesterday (sure they are messing with me!)

'In the absence of a formal request being made along with the appropriate fee (It was to Arrow, no reply, not cashed cheque) we and out client are under no obligation to provide the documents you have requested.

Should you fail to file a response to the claim within the timeframe stipulated by the court, we may request judgement is entered against you by default'

My defence (as I see it) is that they have failed to supply documents they are relying on in court. 

They're just stating the obvious which is if you don't file a Defence by the court deadline they can get a Default Judgment. But you knew that anyway which is why you'll be filing it by 4pm tomorrow.

Did you send your CCA Request to Arrow by Royal Mail Recorded Delivery or at least with Proof of Posting? If you sent it before proceedings were issued Restons might not know that but it won't alter the fact you sent it to the creditor who is the one obliged to comply. It's clear they received it because they responded by sending you an illegible document and no Ts & Cs from what you say.

Im sorry you've been sick - I hope you're feeling better now

Di

[willow6972]

Re: Help with CCJ. Arrow Global & Restons

Hello!

Yes, was sent 26th September, recorded delivery. I've used the template, changed documents etc. I've also added a point about s61(1), failure to supply a legible agreement.

All ready to go, I think.

[Diana M]

Re: Help with CCJ. Arrow Global & Restons

Why not ask someone to check your draft Defence before you file it.

I've read back through your thread and can see this was an MBNA credit card opened in 2005 but I can't see anything which says when you last made a payment towards it.

How much is this claim because that can sometimes give an indication of what lies ahead?

Did you ask Restons for a copy of the DN?

Di

[willow6972]

Re: Help with CCJ. Arrow Global & Restons

I've not made myself very clear- I sent a further request to Arrow when I sent Restons the CPR request. They've just ignored me.

- - - Updated - - -

I've made a payment within 6 years
3k

DN? haha