Arrow global-restons solicitors v gazza141 court papers received

[charitynjw]

Re: Arrow global-restons solicitors v gazza141 court papers received

Defence example template, top of this thread (green box).

If it were me, I'd stay fairly close to the template script
'Sent CPR request....no response'
'Sent CCA request.....no response'
etc.
If they don't pick up that there might be a problem with their claim......well, that's their problem, not yours!

[gazza141]

Re: Arrow global-restons solicitors v gazza141 court papers received

is it best to file my defence online or by post.

[charitynjw]

Re: Arrow global-restons solicitors v gazza141 court papers received

MCOL is probably easiest, though it's wise to keep a copy just in case.
Email is another way.
Put DEFENCE - [Arrow] v [gazza] Court claim no [XXXXXXXX] in the subject box.
Attach the defence, & don't forget to sign the statement of truth.
ccbcaq@hmcts.gsi.gov.uk
If by post, allow at least 2 days & get proof of posting. (SignedFor is best with court documents).

[gazza141]

Re: Arrow global-restons solicitors v gazza141 court papers received

Hi everyone post been today and not received a reply from Rentons or Arrow Global my deadline for defence it mon of next week so I will have to assume they are not going to respond.
is this the sample defence I should use will I need to change anything
1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]

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

3: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

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 when the agreement was entered into.]

6. The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

7. It is denied that [Original Creditor] 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 [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

9. [Claimant's Solicitor] has not sent any of these documents to me.

10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

[12: 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 declined.] or [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

13. 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.

14. 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.

15. 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.

16. 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 .................................................. ....

Thanks for any input anyone can give me.

-----------------------------------------------------------------------------------------------

[gazza141]

Re: Arrow global-restons solicitors v gazza141 court papers received

Hi Guys I've just got a letter of Rentons ,which really annoys me they sent it late knowing my defence is due any day ,they think they will get to me by sending last minute and will not have time to reply before my defence is sent.
Do I just send defence saying not received any response from renting or arrow.
to be honest my defence is baffling me a bit, the template in previous post if I amend to suite my case will that be ok or do I need to add more,
the letter from Rentons I got today mention loan, but my particulars just say contract.
but in fact its a loan and a overdraft roll into 1 debt.
do I mention in my defence that I have no idea what they are trying to collect or do I let them think its a loan only.
the letter from Rentons was the standard first letter response to my request, seem that send that to everyone first.
do I still send the second letter to rentons remaining them of there duty to supply me with all paper work regarding there claim against me.
or do I just send in my defence and not reply to them.

I was hoping to get my defence sorted today so any help will be very very much appreciated .

[charitynjw]

Re: Arrow global-restons solicitors v gazza141 court papers received

Hi gazza

For some reason I can't open the above attachment.
However, if the Claimants & their sols have not disclosed the requested documentation, I would see no reason why you can't use the example defence.
Suitably tweaked for your particular circumstances, of course.

Have you sent the SAR?

[gazza141]

Re: Arrow global-restons solicitors v gazza141 court papers received

yes sent SAR but sent back to me with a form to fill in and sign was returned yesterday .

[MIKE770]

Re: Arrow global-restons solicitors v gazza141 court papers received

what form did you have to sign, before any more from them to sign ask on here??

[gazza141]

Re: Arrow global-restons solicitors v gazza141 court papers received

if i amend sample defence and post will you cast your eye over it to check before I send.
my deadline in 13th June and I gona do it online.
im gona leave it today and enjoy a day out with my beloved.
get onto it tomorrow
thanks for speedy reply.

- - - Updated - - -

I kept a copy of there request will get pic up tomorrow.

[charitynjw]

Re: Arrow global-restons solicitors v gazza141 court papers received

Ok re all of that, Gazza.

Enjoy your day!

[gazza141]

Re: Arrow global-restons solicitors v gazza141 court papers received

Hi everyone here what I drafted as my defence can any one please cast the knowable eye over it and let me know if its ok I have to get it in tonight as my deadline is tomorrow I want to get it sent online asap
Do I need to sign a online defence if so how do ,print sign copy and upload that.

I received the claim xxxxxxx from the Northampton County Court on 11^th May 2017

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

3The 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 account numbers on the particulars of the the claim are not in the best of my knowledge belong to me or any HSBC account in my name. The claimant has failed to send any proof that the accounts are mine or in my name.

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 20^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 20^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.

[gazza141]

Re: Arrow global-restons solicitors v gazza141 court papers received

hi guys I'm running out of time can you please advise if this defence is ok
Thanks

[charitynjw]

Re: Arrow global-restons solicitors v gazza141 court papers received

Para #10, I'd put ".....pursuant to section 77/78 of .....".

[gazza141]

Re: Arrow global-restons solicitors v gazza141 court papers received

Thanks for checking my defence all submitted online,
Is it just a waiting game now or do I send a second letter to restons requesting the relevant documents.
after reading other post on the forum restons seem like a set of cowboy solicitors who's dirty tactics are very unprofessional for a profession involved with uk law.
there bullying tactics must cause so much distress to people who don't know what to do.
thanks to you all for giving us the little people the tools to fight back.

[charitynjw]

Re: Arrow global-restons solicitors v gazza141 court papers received

To a large extent, yes, it's a waiting game.
If your case runs true to the usual form, once your defence is accepted by the court, the Claimant is given 28 days to reply, & if they fail to do so the case is normally stayed. If this occurs, you won't be informed.
But it is best to stay as proactive as you can.
Keep an eye on any requests sent, get proof of receipt where possible (eg if sent 'SignedFor', get screen captures of the details & signatures, that kind of thing).
Generally keep your finger on the pulse.
Marshal your defence, get your paperwork in order & look for any gaps that may require further investigation or requests for disclosure of information.
& keep on top of the current state of play re cases of this type. Things change constantly, but it will be up to you to be aware of these changes & to inform the court as part of your legal argument.