HELP, I have received a court claim from Restons Solicitors and unsure what to do.

[charitynjw]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Hi
I sent it recorded delivery as i did with a copy to Restons.
I have just checked the tracking and they have signed for it.
I am printing some templates of the defence now and filing it this afternoon.

Kind Regards Chris

Hi Chris

If it were me I'd wait a few more days before filing the defence, particularly if using MCOL or email.
If something does turn up in the way of a reply to your requests, it would be better to deal with any issues as part of your particulars of defence.
If you are using land mail, Xmas postal delays could be a factor, but as long as you have proof of posting & check for receipt if using tracked post, you should be covered.

[holmewood114]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Good afternoon all,
Just to keep you informed, i filled in my defence on the 13th Dec.
Heard nothing from Restons or Arrow until today, Restons have written stating they acknowledge my correspondence and have written to Arrow for further instruction.
Is this normal ? It says to me that Restons have no documents in their possession.
What will happen now with the court side of things ? my claim form was sent on the 17th Nov.

[nemesis45]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Good afternoon all,
Just to keep you informed, i filled in my defence on the 13th Dec.
Heard nothing from Restons or Arrow until today, Restons have written stating they acknowledge my correspondence and have written to Arrow for further instruction.
Is this normal ? It says to me that Restons have no documents in their possession.
What will happen now with the court side of things ? my claim form was sent on the 17th Nov.

Yep usual for Restons, just proves once again they had Nothing to back up the claim.

nem

[holmewood114]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Good Afternoon all,
Another quick update (i hope you all don't mind me keep writing).
I have had a letter from the Court stating they have received my Defence and they have written to Arrow requesting the documents in the Defence.
At this moment i am even questioning myself whether this is actually a debt of mine.
On my Credit Report, both on Experian and Noddle, there is no mention of this Debt at all. No default, no missed payments.
Surely this cannot be right, If it was my debt, MNBA cannot have followed the correct procedure.
What are your feelings about this ?

[charitynjw]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Hi Chris

More waiting for you, I guess.
While they are non-compliant with your CCA request, they cannot enforce their claim.
It is usually a good idea to send a SAR to the original creditor (MBNA). You'll receive all your personal data held by them, & can use it to make a comparison with any documentation sent by the Claimant/their solicitors.
It is not mandatory for the original creditor or the new 'owner' to report to a Credit Reference Agency, so don't read too much into that.
If they do not respond to your defence within the court timeframe, the case will probably be stayed. If that does occur, the Defendant is not usually informed; you will need to check this with the court yourself.

[holmewood114]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Many thanks
I will send the SAR request.
Regards Chris

[charitynjw]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Be careful using any info obtained via the SAR.

Produce copies of original documentation to refute suspect documents via the Claimant & you may well be shooting yourself in the foot.

[holmewood114]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Good afternoon,
Well the story so far ...... and its taken a strange twist.
I filed my defence with the court.
I received back from Restons that they acknowledge my defence and they would be in touch with their client and get back to me.
The court has written to me stating they have requested the documents from Arrow and have given them 28 days to comply. If they do not then the claim will have a stay put on it and can only be over turned by a judge.
All well and good so far.
Today i have received a letter from Arrow . It says we do not accept that we are the creditor. however they will assist me in the request for documentation pursuant to the consumer credit act 1974.
Am i going a little daft ? Has Restons not just taken me to court on Arrows behalf ?

Does this not seem a little strange ?

Thanks chris

[charitynjw]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

CCA 1974 s189

http://www.legislation.gov.uk/ukpga/1974/39/section/189
“creditor ” means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

Not a very 'straight Arrow', are they?!

[holmewood114]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

No its all sending me crackers !
Surely if Arrow have taken me to court and used Restons as their Solicitor but then Arrow are saying they are not the creditor then how can they take me to court ?
They will not be able to provide the requested documents to the court.
Will they ?

chris.

[charitynjw]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

If they do not respond to the recent court instruction (28 days to reply to your defence) the claim will probably be stayed.
You are not given notification of this, so phone the court when the timeframe has lapsed to check on the claim's status. (Absent any response by Claimant).

[nemesis45]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Good afternoon,
Well the story so far ...... and its taken a strange twist.
I filed my defence with the court.
I received back from Restons that they acknowledge my defence and they would be in touch with their client and get back to me.
The court has written to me stating they have requested the documents from Arrow and have given them 28 days to comply. If they do not then the claim will have a stay put on it and can only be over turned by a judge.
All well and good so far.
Today i have received a letter from Arrow . It says we do not accept that we are the creditor. however they will assist me in the request for documentation pursuant to the consumer credit act 1974.
Am i going a little daft ? Has Restons not just taken me to court on Arrows behalf ?

Does this not seem a little strange ?

Thanks chris

It's Arrow Global's very old stock template used when they have nothing to back up a claim, whatever they say in this case is wrong they have bought the debt and are now the creditor and data controller in regard to the debt.

It does not mean the court processes stop!

nem

[holmewood114]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Many thanks.
All i can do is wait. There is only a week left before the 28 response deadline for the court is up.
I am sure i havent heard the last of it.
I will keep you informed and very grateful for all of your assistance. I have never dealt with anything like this before.
Chris.

[nemesis45]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

[QUOTE=holmewood114;699418]Many thanks.
All i can do is wait. There is only a week left before the 28 response deadline for the court is up.
I am sure i havent heard the last of it.
I will keep you informed and very grateful for all of your assistance. I have never dealt with anything like this before.
Chris.[/QUOTE

Hello Chris,
Yes please get back to us with any up dates.

Please be aware that if the claimant does not respond to the defence the court will stay (suspend the claim) and the claimant must pay a fee to lift the stay.
You are not informed if this happens so it will be necessary for you to check with the court on the status of the claim.

nem

[holmewood114]

Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

Good afternoon everyone.
Just a quick update again.
I rang the court today and a stay was put on my claim on the 16th Jan.
This can only be good news cant it ?
Thanks chris