Arrow Global v Milosmum

[MIKE770]

Re: Arrow Global v Milosmum

usual Restons response, the onus is on them not you - more trying to unearve you,

[Diana M]

Re: Arrow Global v Milosmum

The only paragraph in that Restons letter that really matters at this moment in time is the last one where they admit (albeit in a tacit way) that the Claimant has not complied with your s.77-79 CCA Request yet so that makes the debt unenforceable in court until they do.

Di

[Milosmum]

Re: Arrow Global v Milosmum

Hi

Thanks for you comments. Shall I just ignore the letter for now?

[Diana M]

Re: Arrow Global v Milosmum

Thanks for you comments. Shall I just ignore the letter for now?

A solicitor's response to a letter like that might be "we don't litigate through correspondence" but I wouldn't advise you to do that

You only recently filed your Defence so the ball is in their court to decide if they intend to continue with these proceedings and inform the court of the same.

Di

[Milosmum]

Re: Arrow Global v Milosmum

Hi

The 28 deadline was up last Friday and nothing has changed when I log on to MCOL website. Would there be something on there if there has been a response from the claimant and do they also get the additional 5 days when responding to my defence which would mean the deadline would be this Wednesday? Do you think it would be worth me ringing the court later in the week?

Unfortunately, my SAR request was never received so I have now requested it again so hopefully I will get something before there are any changes with the status of the claim.

[MIKE770]

Re: Arrow Global v Milosmum

ring court in a few days just asking state of case = stayed or not

[warwick65]

Re: Arrow Global v Milosmum

Hi milosmun

Have you had confirmation the SAR was not received or are you basing it on the post office tracking system?

The post office tracking system is far from foolproof

[Milosmum]

Re: Arrow Global v Milosmum

Hi milosmun

Have you had confirmation the SAR was not received or are you basing it on the post office tracking system?

The post office tracking system is far from foolproof

Hi

It was showing as not delivered on the tracking system but now that the 40 days are up, I e-mailed them (M&S) and they said they couldn't trace the request.

I should be able to reclaim the postage cost, I think, but not as easy to cancel the PO. Never mind.

But I think it will be worth it, in the long run, to try again to see what they have.

[warwick65]

Re: Arrow Global v Milosmum

Hi
I do agree that getting the SAR info is very important

As the 40 days are up , yes a new request is probably called for

[Milosmum]

Re: Arrow Global v Milosmum

Hello.

Have not been on this thread for a while because nothing has happened. However, the other day I received a letter from Restons with some documentation.

I don't have access to a scanner at the minute so am unable to upload them but basically they attached a one-page credit agreement, 2 sets of T&Cs and a statement of payments.

The agreement seems to contain most of what I understand it should, although really difficult to read, but there are no terms & conditions. They have attached what they say are the "Terms & Conditions Embedded Within the Agreement" but, without going into too much detail, obviously aren't. The statement is just a list of figures someone has cobbled together on a spreadsheet.

They say other documentation will follow in due course but in the meantime have invited me to make them an offer or withdraw my defence.

They have made no mention of applying to have the stay lifted so is it safe to ignore them for now?

Thanks in advance for any advice.

Milosmum

[Milosmum]

Re: Arrow Global v Milosmum

Hello

Re my last post, I would be grateful if anyone could advise me on this.

I will post up the documents when I get chance but, as I have a lot on at the minute, I just want to make sure it's safe to ignore them for now.

It's taken them 6 months to come up with these documents so can't understand why they haven't waited until they have the "other documentation" before writing to me?! I assume by the fact they haven't said they are applying to have the stay lifted, they haven't yet got enough evidence to go ahead.

I look forward to your comments.

Many thanks

Milosmum

[Amethyst]

Re: Arrow Global v Milosmum

In the agreement, despite it being illegible, can you see any parts where it refers to reading attached/overleaf terms - or refers you to read paragraph X that isn't on the agreement. Seems like that is the response to the CCA request rather than the CPR 31.14 request - or is there a Default Notice & Notice of Assignment in the docs they sent ?

They would have to apply to lift the stay to proceed - and they seem to do that at the same time as requesting summary judgment, so I do think you need to get those agreements looked over, particularly with a £7k claim, and as it was documents sent by the solicitors running the claim.

Is there any other defence available on the claim ?

Restons correspondence indicates that the debt relates to a “Loan” and they also say the last payment was received in March 2012, but I have no knowledge of this either.

I have no knowledge of taking out this loan. I have lived at my current address for around five years as a private tenant as I had to leave my previous home very suddenly due to a serious domestic situation. I left the majority of my belongings behind and eventually had the house re-possessed so have no records of anything prior to then. I have checked my credit file and nothing is showing for this account.I also checked an Experian credit report from 2014 and it is not on there either.

Is the agreement signed by you / has it changed your view posted at the beginning of the claim ?

[Milosmum]

Re: Arrow Global v Milosmum

Hi Amethyst

Many thanks for your prompt response.

I've not got the paperwork to hand, but the agreement definitely refers to the terms overleaf, but they have only sent the first page. The T&C's they sent which they say were "embedded into the agreement" are clearly not part of the original document; the references to various parts of the agreement don't match.

The second set of T&Cs which they say were applicable when account was terminated are practically the same document.

The statement is a list of payments on a spreadsheet that doesn't have any letterhead etc.


There was no other documentation sent.

The agreement does appear to be signed by me so I can't now dispute that I made the agreement. I took out quite a few loans in the late nineties/early noughties as I lost my job but I thought everything was cleared back in 2007 when I took out a consolidation loan to clear my debts. I apologise if I sound vague, but I suffered a lot of emotional trauma back in 2011/2012 and I truly can't remember much more detail. However, there is nothing referring to this loan on my credit reports and I can't recall making any recent payments to this account, certainly not while at my current address.

I think it is probably time to take legal advice. Are you able to recommend anyone?

Kind Regards

NB: for reference, my draft defence is attached to post 18.

Thanks

[Diana M]

Re: Arrow Global v Milosmum

The way I see it Restons Solicitors have sent you some documentation. They hope you'll take fright when you see it especially since you say your signature is on it.

However without seeing it for myself I can't tell you where you stand because if the 'missing ingredients' can be reconstituted then there's always the possibility that Restons may come up with those further down the line.

If you write back to them what could you say? If you tell them what's wrong with the credit agreement (in your view) then they'll try harder to remedy the situation.

From what you say it sounds like they already know that they need more documentation but they're hoping you'll crumple now.

I've not read back through your thread to see what you asked for in your CPR 31. 14 Request. Was the Default Notice on your list?

Have you sent any Part 18 Questions because that's probably what my firm would be doing right now?

Di

[Diana M]

Re: Arrow Global v Milosmum

POC: The claimant claims payment of the overdue balance due from the Defendants(s) under a contract between the Defendant(s) and Marksand Spencer Financial Services PLC dated on or about Dec xx 2002 and assigned to the claimant on Oct xx 2013

Date: 10/03/17 Default Balance £7603.xx
. . . .
I have taken the following action:

3.16/05/17 CPR 31.14 to Restons.Requested copies of original agreement/contract, default notice, deed & notice of assignment and statement to show how balance arrived at.

I've now read your first post and can see that you did request the DN in your CPR 31.14 Request but since it's not mentioned in the Particulars of Claim they are not obliged to produce it.

If the debt is not showing on your credit file that will mean that the account defaulted more than six years ago since the whole file vanishes from your file on the sixth anniversary of the default being registered regardless of whether any payments continue to be made (or not).

Di