Help with CCJ. Arrow Global & Restons

[willow6972]

Re: Help with CCJ. Arrow Global & Restons

is there anyway I can send the defence by pm to anybody?

[Diana M]

Re: Help with CCJ. Arrow Global & Restons

is there anyway I can send the defence by pm to anybody?

You can send a PM to Amethyst to ask for help if you like.

Post a draft on your thread so she can see it.

Di

[Diana M]

Re: Help with CCJ. Arrow Global & Restons

DN? haha

Well they'll need the DN as well as the Ts & Cs which should have been present when any credit agreement was entered into. They've already admitted they don't have those.

Maybe that's why Restons have been huffing and puffing in their letters because they know they don't (yet) have all the paperwork they need to enforce the debt from what you say.

Have you been sent annual statements since the account defaulted/terminated?

Di

[willow6972]

Re: Help with CCJ. Arrow Global & Restons

Arrow sent a load of statements about 8 weeks ago, they said they had been in breach, but have now rectified this. They haven't complied with a SAR though, nor did Restons.

[willow6972]

Re: Help with CCJ. Arrow Global & Restons

1: I received the claim xxxxxxx from the Northampton County Court, dated xxx September 2016

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.
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 state the agreement was entered into on or around xxxxxxxx

6: The Claimants statement of case states that the account was assigned from MBNA to Arrow Global Guernsey Limited on xxxxxxx. The Defendant does not recall receiving notice of this assignment.

7: It is denied that MBNA 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 xx September 2016 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 xx September 2016, I sent a formal request for a copy of the original agreement to Arrow Global Guernsey LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11: The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78(6) Consumer Credit Act 1974 cannot enforce the agreement.
12: The Claimant has failed to comply with section S61(1) of the Consumer Credit Act 1974, by not providing a legible copy of a contract.

13: 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 failed to respond.

14: 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.

15: 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.

16: 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.

17: It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed

Dated

[charitynjw]

Re: Help with CCJ. Arrow Global & Restons

Arrow sent a load of statements about 8 weeks ago, they said they had been in breach, but have now rectified this. They haven't complied with a SAR though, nor did Restons.

Why did you SAR these?

[willow6972]

Re: Help with CCJ. Arrow Global & Restons

It was over 12 months ago when I began to try and resolve this.

[Diana M]

Re: Help with CCJ. Arrow Global & Restons

It was over 12 months ago when I began to try and resolve this.

A SAR to the current creditor (Arrow in this case) can sometimes be helpful in order to cross-check the authenticity of reconstituted documents and alleged assignment dates etc. especially if you've sent a SAR to the original creditor such as MBNA so you know the truth (including the absence of documents which mysteriously turn up as recons by the debt purchaser) or better still retained your own originals.

You may need these things when it comes to running forensics over evidence produced by the Claimant with their WS.

You also get to see the transaction and call log which can help if they try to deny stuff.

You can can never send too many SARs - knowledge is power

Di

[willow6972]

Re: Help with CCJ. Arrow Global & Restons

phew! Thought I had done the wrong thing!

[Diana M]

Re: Help with CCJ. Arrow Global & Restons

phew! Thought I had done the wrong thing!

Nope

It's easy to wobble when the Claimant sends you a big fat envelope full of documents, but it's meaningless if they aren't the ones they need to enforce the debt in court.

Di

[willow6972]

Re: Help with CCJ. Arrow Global & Restons

Back again! Thank goodness for this forum!

Submitted defence, have now received a letter from Restons which says their client would have provided all documents etc etc (they haven't) and they have also included a copy of the credit agreement (which I still can't read at all!!!!!) They say that I have no defence and that unless I respond by completing an admission form (which they kindly enclosed) and withdraw my defence then they will apply to have my defence struck out, which is going to cost me more in charges. They have given me until the 28 day deadline on their response deadline for the court.

Arrow have still not replied to my CCA request.

Is this standard Restons behaviour? Do I write back and politely tell them where to go, or ignore them. If I do contact them, do I cc the court?

Thanks!!

[nemesis45]

Re: Help with CCJ. Arrow Global & Restons

Back again! Thank goodness for this forum!

Submitted defence, have now received a letter from Restons which says their client would have provided all documents etc etc (they haven't) and they have also included a copy of the credit agreement (which I still can't read at all!!!!!) They say that I have no defence and that unless I respond by completing an admission form (which they kindly enclosed) and withdraw my defence then they will apply to have my defence struck out, which is going to cost me more in charges. They have given me until the 28 day deadline on their response deadline for the court.

Arrow have still not replied to my CCA request.

Is this standard Restons behaviour? Do I write back and politely tell them where to go, or ignore them. If I do contact them, do I cc the court?

Thanks!!

Hello Willow,

Yes pretty much standard for Restons, attempting to bully and confuse so you will give in.

If the agreements is not easily legible in all parts it's no compliant with the CCA request.

Please post a copy of this latest " agreement" after removing any personal info.

It might be possible to turn the tables on Reston.

nem

[Diana M]

Re: Help with CCJ. Arrow Global & Restons

received a letter from Restons . . .

. . . They say that I have no defence and that unless I respond by completing an admission form (which they kindly enclosed) and withdraw my defence then they will apply to have my defence struck out, which is going to cost me more in charges. They have given me until the 28 day deadline on their response deadline for the court.

Well they would say that wouldn't they

They've received your Defence (filed on the 16th October?) and shortly after the court will have written to them (and you) advising them that they have 28 days to inform the court if they intend to continue with the proceedings. This means the ball is currently in their court not yours.

You have no need to reply to that letter. Ignore it.

Wait until the 28 days are up (from filing your Defence) and then call the court to see if the claim has been stayed.

Di

[nemesis45]

Re: Help with CCJ. Arrow Global & Restons

No Willow you don't need to reply.

Please post a copy of the latest agreement.

nem

[MIKE770]

Re: Help with CCJ. Arrow Global & Restons

usual missif of Rectums!