Court Claim advice CCA request & CPR 31.14 request

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

Hi. No, I asked for "all applicable deeds and notices pertaining to the account in question". Received no reply.

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

I've now submitted the defense as of post #44 in this thread. Hopefully it'll be enough.

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

I just want to thank everyone for their input on this so far. It's been invaluable. I don't know what I'd have done without you.

[warwick65]

Re: Court Claim advice CCA request & CPR 31.14 request

Hi Jay

Just so you know how the process now goes. The claimant has 28 days to proceed or the claim becomes stayed - the claimant then has to apply to lift the stay but sadly it seems judges just rubber stamp those requests . If I were a judge I would be asking why was it stayed- did they not have the paperwork available to prove their claim at the time? If the answer was no then bugger off- unfortunately I am not a judge and I have not supplanted the idiots at Westminster with my own benign dictatorship when debt purchasers would be clapped in irons and thrown into the workhouse

Keep an eye on MCOL to see what happens

From what I have read , Restons may well write some bullying letter saying your defence is rot and they will have it thrown out and you will burn in hell - if that happens come back here and people can guide you through . In any event keep us informed please

[pt2537]

Re: Court Claim advice CCA request & CPR 31.14 request

Lowells have a tendency to let claims become stayed. my colleague kate dealt with a stat demand with Lowells in 2013 where they lost badly, the client heard nothing from lowells til they dropped a claim through their letter box.

It took lowells nearly a year to provide docs, then they left the Claim on hold for a further year, we wrote inviting them to proceed with their claim but they did nothing, so last month we had an application to strike out which was heard by the Court, the Court decided that the Claim was a mess and the Claimants evidence was embarrassing to quote the judge, so she used her powers and dismissed the Claim.

So, if they do let the Claim get stayed you may want to think about a strike out application if it goes on for tooo long

[Diana M]

Re: Court Claim advice CCA request & CPR 31.14 request

From what I have read , resigns may well write some bullying letter saying your defence is rot and they will have it thrown out and you will burn in hell

The Claimant is Arrow who have instructed Restons solicitors a firm which takes an aggressive stance.

As Warwick has said you can expect a (template) letter from them telling (not asking ) you to withdraw your Defence because it's a load of baloney (in their view) and they'll helpfully enclose a form for you to complete so that you admit the debt/claim, get a CCJ which paves the way for them to slap a Charging Order on your home if you own it since it's over £1k.

The letter may well go on to say that if you don't withdraw your Defence they'll make an ex parte application (where the court decides the outcome without your presence) to strike out your Defence.

The letters are designed to spook you, so post on the forum if you receive one.

Restons may let the claim become stayed but it's unlikely for a claim of this size (£2k) because they'll hope you'll settle it at Mediation.

Solicitors do things differently when the other side has legal representation. Claimants will know a LIP with debts is unlikely to be able to afford to make an application to strike out a claim and risk their (Restons) legal costs if unsuccessful.

Di

[Joanna C]

Re: Court Claim advice CCA request & CPR 31.14 request

Lowells have a tendency to let claims become stayed. my colleague kate dealt with a stat demand with Lowells in 2013 where they lost badly, the client heard nothing from lowells til they dropped a claim through their letter box.

It took lowells nearly a year to provide docs, then they left the Claim on hold for a further year, we wrote inviting them to proceed with their claim but they did nothing, so last month we had an application to strike out which was heard by the Court, the Court decided that the Claim was a mess and the Claimants evidence was embarrassing to quote the judge, so she used her powers and dismissed the Claim.

So, if they do let the Claim get stayed you may want to think about a strike out application if it goes on for tooo long

Yes strike out applications are usually successful after say 15 months of a claim being stayed.

[warwick65]

Re: Court Claim advice CCA request & CPR 31.14 request

The Claimant is Arrow who have instructed Restons solicitors a firm which takes an aggressive stance.

As Warwick has said you can expect a (template) letter from them telling (not asking ) you to withdraw your Defence because it's a load of baloney (in their view) and they'll helpfully enclose a form for you to complete so that you admit the debt/claim, get a CCJ which paves the way for them to slap a Charging Order on your home if you own it since it's over £1k.

The letter may well go on to say that if you don't withdraw your Defence they'll make an ex parte application (where the court decides the outcome without your presence) to strike out your Defence.

The letters are designed to spook you, so post on the forum if you receive one.

Restons may let the claim become stayed but it's unlikely for a claim of this size (£2k) because they'll hope you'll settle it at Mediation.

Solicitors do things differently when the other side has legal representation. Claimants will know a LIP with debts is unlikely to be able to afford to make an application to strike out a claim and risk their (Restons) legal costs if unsuccessful.

Di

Thank you Di

On reading my post it seems my autocorrect kicked in and changed Restons to resigns making the post somewhat confusing. I suppose it could have been worse

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

I'm really starting to worry about this now. I'm thinking by rights the fact that Arrow Global flat-out lied to me about there being a judgement against me just to get out of complying with s77/s78 should have the whole thing thrown out. I'm panicking about having to pay something I really can't afford and the whole idea of actually going to court terrifies me.

[warwick65]

Re: Court Claim advice CCA request & CPR 31.14 request

Jay

Take my advice because i don't use it :-)

Please try and relax . This is a game of attrition , it's who blinks first

You have now put the onus on them to prove there is a debt and that they have the right to collect it

Arrow try this all the time- just read other threads

Just now try and relax and deal with each letter if and when it comes- people are here to help where we can

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

Restons have now replied basically attempting to rubbish my defence. I'll try to attach .jpgs of the letter I received today.