Court Claim advice CCA request & CPR 31.14 request

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

No, I haven't received anything since the notification that I registered on there. I'd have thought if a Judgement had been made against me that long ago I'd have had some form of correspondence informing me.

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

I've just got through to the Court and they assure me there is NO judgement on this claim. My deadline to lodge a defense is 12th June. Arrow obviously trying it on for some reason.

[warwick65]

Re: Court Claim advice CCA request & CPR 31.14 request

Were they able to help you log back on? If not try and find the helpline number so you cab gain access again

To be honest I do not know if they are trying it on or it is just a mistake or poorly trained person. Their usual line is that they are not the creditors but as they are so nice they will try to help and get the agreement . Complete BS but obviously their line.

Restons are completely cold hearted bar stewards so just be careful with them, careful what you say, do or write .

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

I got my User ID off them and it all seemed to be working but now I can't log in again. Called back about 4:45 but was 17th in the queue and you don't get through after 5 so will have to try again tomorrow.

It does say on the letter "Please note that as a gesture of goodwill, this request for documentation will be processed." That part has only just sunk in for me. They've returned the postal order too. They say to refer all future enquiries to Restons.

What should I do next, besides get new logon details for the website?

[charitynjw]

Re: Court Claim advice CCA request & CPR 31.14 request

They must be s̶n̶e̶a̶k̶y̶ ̶c̶o̶n̶n̶i̶v̶i̶n̶g̶ ̶l̶ie̶r̶s̶ mistaken, then!

[warwick65]

Re: Court Claim advice CCA request & CPR 31.14 request

Oh [MENTION=5553]charitynjw[/MENTION] - you are so cynical

Now let me get back to my revision

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

Right, I've got to get my defense in on Friday to make sure I'm within the time limit. However, I'm not really sure what basis I should be defending on besides my belief that the debt is statute barred. Could someone give me a brief overview of what I need to include in my defense based on the information in this thread please? The key points are:-

* I believe the debt to be statute barred
* Arrow Global have lied to me about the status of the claim in order to avoid providing documentation which I believe I am entitled to by law
* I haven't received responses to the CPR or SAR at all

I don't believe either Arrow Global or Restons Solicitors have acted in good faith here. I understand that the SAR to HSBC doesn't have to be responded to by them for 40 days.

[warwick65]

Re: Court Claim advice CCA request & CPR 31.14 request

Hi
I can't quite see what the claim is for and it seems Arrow are not entirely sure either

I would use one of the template defences in the box above but tweak and amend to your own needs

I am not quite sure what the account was and it seems Arrow may not be sure either - can you remember , loan, credit card or OD or maybe a mixture. It is important and you may have said but I missed it

Anyway you are defending on

1) Statute barred under Section 5 Limitations Act 1980

2) Non compliance with your S77/78 request and therefore S77(4) or S78(6) applied and renders the account unenforceable ( S77 is a loan, S78 os a credit card)

3) Non production of a valid Default Notice that complied with S87(1) CCA and you request the claimant prove a compliant one was issued and sent to you

4) Non compliance with assignment as the specified in The Law of Property Act 1925 and you require the claimant to prove their right under law to bring proceedings by production of the Deed of Assignment and the a Notice of Assignment was served on you in accordance with the law



Can I suggest you draft your defence tomorrow and post it on here, then tag me or charitynjw or amethyst or anyone else you feel may be able to help ( you do that by putting the @ followed by name , [MENTION=5553]charitynjw[/MENTION] [MENTION=98117]warwick65[/MENTION] etc )

Good luck - and if anyone offers tweaks to your defence, take it in the way it is meant , as a helping hand . Don't let the bar stewards grind you down

[warwick65]

Re: Court Claim advice CCA request & CPR 31.14 request

Oh P.S. Don't worry about the SAR at the moment

If , and I mean if , the claimant take this further you want them to put in their witness statement something you can then prove to be untrue from your SAR. Its not that you are calling them liars , just unprepared and misinformed , after all, if for example they say the default notice was served on 1st June 1999 but the Sar says it was 1st July 1999 - well someone has got it wrong and if you were the judge who would you believe - the people who sent it or someone else ?

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

This is what I've got so far:-

1: I received the claim [Claim number] from the Northampton County Court on 14^th May 2017

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 fail to state exactly when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from HSBC to Arrow Global Limited on 28^th March 2014. The Defendant does not recall receiving notice of this assignment.

7. It is denied that HSBC 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 18^th May 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of all applicable deeds and notices pertaining to the account.

9. Restons Solicitors Limited has not sent any of these documents to me.

10. On the 18^th May 2017 I sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12. 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.

13. 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.

14. 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.

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

16. The Defendant also contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years.


The claim form I received doesn't specifically state whether this is a credit card or a loan agreement. Just a "contract". What do you think?

@charitynjw @warwick65 [MENTION=6]Amethyst[/MENTION]

[warwick65]

Re: Court Claim advice CCA request & CPR 31.14 request

This is what I've got so far:-

1: I received the claim [Claim number] from the Northampton County Court on 14^th May 2017

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
The claimant has failed to specify the nature of the account

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 fail to state exactly when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from HSBC to Arrow Global Limited on 28^th March 2014. The Defendant does not recall receiving notice of this assignment. The claimant is put to strict proof a notice of assignment was served.

6a The claimant is put to strict proof they have the right under statute to bring the claim

7. It is denied that HSBC 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 18^th May 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of all applicable deeds and notices pertaining to the account.

9. Restons Solicitors Limited has not sent any of these documents to me.

10. On the 18^th May 2017 I sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to section 78 77/78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with S77(1) or s 78 (1) o Consumer Credit Act 1974 and by virtue of S77(4) or s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12. 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.

13. 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.

14. 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.

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

16. The Defendant also contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years. ( Move this to the first point of the actual defence)


The claim form I received doesn't specifically state whether this is a credit card or a loan agreement. Just a "contract". What do you think?

@charitynjw @warwick65 @Amethyst

I have made a few comments in red but I haven't read all the way back- sorry got an eye on the TV
I would also alter the bold type to standard type . I would use either Times new Roman or Arial and 12pt - makes it easier to read

Where I put 6a , turn that to 7 and renumber

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

This is brilliant. Thanks a lot. Just on the positioning of my contention that the debt is statute barred, where should I put this with relation to the other numbered points of the defence?

[warwick65]

Re: Court Claim advice CCA request & CPR 31.14 request

I think I would put it after No 5 or after 6a ( by my numbering) Remember to sort the numbering out.

If you put it at 5 it is the first point they will have to overcome - if they try to make out there was a payment pr the limitations period started at a later date, that can be addressed in the Witness Statement which is likely some months down the line if at all

[Jay_O_Doom]

Re: Court Claim advice CCA request & CPR 31.14 request

Okay. This is how it looks now:-

1. I received the claim [Claim number] from the Northampton County Court on 14th May 2017.

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. The claimant has failed to specify the nature of the account.

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 fail to state exactly when the agreement was entered into.

6. The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years.

7. The Claimants statement of case states that the account was assigned from HSBC to Arrow Global Limited on 28th March 2014. The Defendant does not recall receiving notice of this assignment. The claimant is put to strict proof a notice of assignment was served.

8. The claimant is put to strict proof they have the right under statute to bring the claim

9. It is denied that HSBC 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.

10. On the 18th May 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of all applicable deeds and notices pertaining to the account.

11. Restons Solicitors Limited has not sent any of these documents to me.

12. On the 18th May 2017 I sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to 77/78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13. The Claimant has failed to comply with S77(1) or s 78 (1) o Consumer Credit Act 1974 and by virtue of S77(4) or s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

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.

[charitynjw]

Re: Court Claim advice CCA request & CPR 31.14 request

Did you also ask for a copy of the contract &/or anything else in your CPR 31.14? (Para #10).