Respond/Arrow County Court

[ruthiemc82]

Hi All,
I have spent all morning searching through posts on here and some of the info is fantastic but I need some more specific advice and I'm hoping you can help!

I received county court claim forms from Northampton issued by Restons on behalf of Arrow with regards to an Aqua card debt for about £1300. I acknowledged the claim with my intention to submit a defence on the grounds that I cannot remember owning this debt and am sure I paid off this amount to Aqua in 2014? Anyway, the default date is september 2015 and it's been passed from aqua to new day to arrow to restons!

I followed the advice on here and sent off the relevant CCA requests with the £1 postal order last week via recorded delivery, one to Areow and one to Restons. Today I have received two letters in response. One from Arrow saying they are willing to try and locate the relevant documents I've requested and they returned the postal order. They stated that all collections would cease until this has happened. And another letter from Restons saying that they would speak to their client and get back to me.

Now, here's the tricky bit that is causing me some distress. The defence has to be submitted by next Wednesday 24/05! However it is highly unlikely they will get back to me by then. So so I still submit the defence? If so, how do I word it? This is where I am clueless!

Please help! Thank you all so much-this site has been a god send so far!

[MIKE770]

Re: Respond/Arrow County Court

put your defence in anyway no account is on hold only a court could do that, defence with document request out standing etc Defence Example



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give the peeps as much info on here now as to when taken out/ last payment default notice date etc etc etc

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[MENTION=87380]Diana M[/MENTION]

[ruthiemc82]

Re: Respond/Arrow County Court

Thank you so much! I will get all the dates together and post them asap.

[MIKE770]

Re: Respond/Arrow County Court

do a defence and post up minus personal details and numbers for peeps to look at and advise any alterations, also copy of the County court front page redacted minus your name address and reference numbers?

[warwick65]

Re: Respond/Arrow County Court

As Aqua are indeed Newday it might be worth sending a SAR to Newday asking for all the detials they hold on you, this will then bring to light payments and communications so you can see how the debt accrued.


As for your defence, if they have not complied with your S78 request that will be part of it although also include any lack of default notice and notice of assignment

As Mike says , if you can type out the particulars of claim it might help to give good advice

[ruthiemc82]

Re: Respond/Arrow County Court

How do I upload documents?? I have photos with the personal info removed to show you guys.

15/12/16- letter from Capquest claiming they were managing the account on behalf of Arrow

29/3/17- letter from Arrow to notify me that the account management has been targeted to Restons.

21/4/17- county court claim forms sent

28/4/17- I filed an Acknowlegement of service with intent to defend the claim

4/5/17- sent CPR 31.14 request letter to Restons and CCA request to Arrow

15/5/17- letter from arriw acknowledging request claiming they do not accept they are the creditor however they will assist in obtaining what I have requested and suspend all collection activity in the meantime.

17/5/17- letter from redtons xonfirming receipt of my letter and saying they will contact heir client to discuss further.

Defence is due Wednesday and want to submit it today so am drafting a response to show you guys now!

Thank you xx

[MIKE770]

Re: Respond/Arrow County Court

Particulars of claim - print out as requested

[ruthiemc82]

Re: Respond/Arrow County Court

"The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the Defendant and New Day Ltd dates on or about Sept 05 2012 and assigned to the claimant on Oct 18 2016
DATE 28/03/2017 Default Balance 1184.42
Post Refrl Cr Nil"

What does the last bit stand for??!

[ruthiemc82]

Re: Respond/Arrow County Court

How does this sound for a defence;

I received the claim ????? from Northampton County Court on 25/04/17.

Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. The Claimants statement of case states that the account was assigned from New Day Ltd to Arrow Global Limited on Oct 18 2016. The Defendant does not recall receiving notice of this assignment.

It is denied that New Day Ltd 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.

On the 4th 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 and to Arrow Global Limited. I requested the Claimant provide copies of the Original contract, Default Notice and Assignment of debt.

Restons or Arrow Global Ltd has not sent any of these documents to me.

On the 4th May 2017 I sent a formal request for a copy of the original agreement to Arrow Global Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

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.

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. 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. 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.

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.

[Kati]

Re: Respond/Arrow County Court

[MENTION=6]Amethyst[/MENTION] xx

[charitynjw]

Re: Respond/Arrow County Court

I believe there may be assignment issues with some Aqua ( NewDay) agreements, though I don't know exactly what dates apply.

[ruthiemc82]

Re: Respond/Arrow County Court

do a defence and post up minus personal details and numbers for peeps to look at and advise any alterations, also copy of the County court front page redacted minus your name address and reference numbers?

MIKE770-are you able to advise me on the defence I drafted and posted? Many thanks in advance!

[warwick65]

Re: Respond/Arrow County Court

1) I received the claim ????? from Northampton County Court on 25/04/17.

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 Claimants statement of case states that the account was assigned from New Day Ltd to Arrow Global Limited on Oct 18 2016. The Defendant does not recall receiving notice of this assignment.

6) The claimant is put to strict proof that a notice of assignment was issued in accordance with the law of property act 1925

7)It is denied that New Day Ltd served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974.

8)The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

9)On the 4th 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 and to Arrow Global Limited. I requested the Claimant provide copies of the Original contract, Default Notice and Assignment of debt.

10)Restons or Arrow Global Ltd has not sent any of these documents to me.

11) On the 4th May 2017 I sent a formal request for a copy of the original agreement to Arrow Global Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

12)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.

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. 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.

I added a paragraph in red, you want to check, S77 for a loan S78 for a credit card/catalogue account

Remember to number the paragraphs .
There might be more points.
I suggest looking at post#1 and maybe the last example of sample defences

[charitynjw]

Re: Respond/Arrow County Court

I'd add a line

The Claimant has stated "Post Refrl Cr" on the Particulars of Claim. The Defendant does not understand what this means, as it does not appear to be plain intelligible language.

But I'm like that!

[ruthiemc82]

Re: Respond/Arrow County Court

Thank you all so much for your replies and help. I have made changes to the defence and hopefully will be able to submit it today.

One more question-during the last 2 years I have suffered with postnatal depression and a rather debilitating skin condition caused by stress etc is this something that would be worth putting in my defence or not? From the point of view of harassment I mean?