Court Claim Reston Solicitors/Arrow Global

[Devoncaz]

Hi,

I have received court papers for an old credit card debt which was originally with Lloyds TSB. I sent Reston's a letter asking for evidence as it is my belief that the debt is now statute barred but they replied, that their client's information is that the account went into default on 7/7/2011 and is therefore within the 6 years (I don't see how them repeating their claim is evidence?)
I have looked back over my bank statements from February - August 2011 and I did not make a payment to them. The only payment I made to debt collectors during that time was to Westcot Credit Services and I'm afraid I don't know who the original debt was with for that debt. Can it be possible that Wescot and Arrow are the same company?
When Reston say the account went into default on 7/7/2011 what evidence am I looking for?
I have attached photos of my correspondence with Reston (sorry if it's not uploaded in chronological order).

I know I need to deal with the court order swiftly. My question really is do you think I've got a chance of proving it statute barred or should I agree to repayments straight away?

Thank you

[MIKE770]

Re: Court Claim Reston Solicitors/Arrow Global

see Diana M seen post maybe she will look back in

[warwick65]

Re: Court Claim Reston Solicitors/Arrow Global

Hi

This is really important

You say you have received a claim

Have you done anything of the following

Acknowledged the claim on the website ?
Sent a CCA request to Arrow?
Sent a CPR request to Restons
Sent a SAR to Lloyds

What was the date on the claim form?


Many debt purchasers use the date of default as the start of the limitations period although I do not believe that is necessarily correct but might need to be argued in a defence

Can you answer the above questions so further help can be given

Also if possible write out the particulars of claim word for word

You might want to edit the letters you have posted as they include identifiable details such as account numbers

- - - Updated - - -

By the way it could be that at some point Wescott were acting on behalf of someone . Did you have other debts ?

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

Hi, thank you for your reply.

No I haven't sent anything yet - I wanted to get myself prepared first.

The issue date of the claim form is 23 May 2017.

I have edited my attachments (thank you for pointing that out) and included a photo of the particulars of claim.

Yes I had many debts...it was a period of my life that was a complete mess

[warwick65]

Re: Court Claim Reston Solicitors/Arrow Global

Hi

So really vague particulars of claim

First thing is to acknowledge the claim with your intention to defend in full, but don't write anything in the defence box You have 19 days to do this from the date of claim (11th June)

Send a CCA request to arrow. As they don't specify what the agreement is I would use S77-79 ( covers it all)

It seems that Restons do not read letters as they seem to have taken your letter as a CPR 31.14 request.

I would write back using the formal CPR request but add
Further to your letter dated xxxxxx , any documents that i may or may not have in my possession are irrelevant. This is a formal request under CPR 31.14 ( use the templates at the top)

A SAR to the original creditor is really a very good idea as it will tell you lots of things that may help your defence

[MIKE770]

Re: Court Claim Reston Solicitors/Arrow Global

CCA Request || CPR 31.14 Request

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

Hi,

thank you for your reply.

I've acknowledged the claim with my intention to defend in full (online) and I have my CCA, CPR and SAR ready to post. With regards to the SAR, should I post it to my local Lloyds branch or find a credit card address for them (I have no recollection of the original address).

Thanks again for your help, the whole process has been nerve wracking so far

[warwick65]

Re: Court Claim Reston Solicitors/Arrow Global



http://www.lloydsbank.com/business/privacy.asp?srnum=2#collapse25-1477912808949

Under the Data Protection Act you have the right of access to your personal information. The Act allows us to charge a fee of £10 for this service. If anything is inaccurate or incorrect, please let us know and we will correct it. To request a copy of your personal information please write to Commercial Data Privacy, Lloyds Banking Group, 1st Floor East, Tower House, Charterhall Drive, Chester CH88 3AN.

Although that might be for business customers only

You could address it to the data controller at their head office

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

Ok, that's great. Thank you for looking that up for me

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

Hi, I sent all the letters off on 30/05/17 (with proof of posting) but I am yet to hear anything back from either Restons, Arrow Global or Lloyds. I have completed the acknowledgement of service with moneyclaim within the designated time. The 19days from the day of service is tomorrow. My question is do I sit tight and wait for a reply to my letters or should I fill out my defence now? I believe I have another 14 days to do this? Or should I ask for an extension as I haven't had replies to my letters?

Thank you. I'm trying not to panic!

[MIKE770]

Re: Court Claim Reston Solicitors/Arrow Global

their failure to supply is their problem, why give them longer to conjure up what they have not got no doubt, do not be nice to them, they are right Bxxxxxx and would take great advantage of your weakness,


if anybody has a defence deadline then at the last minute submit a defence stating fact no paperwork requested received and quote dates etc

[MIKE770]

Re: Court Claim Reston Solicitors/Arrow Global

[MENTION=813]Warwick[/MENTION]

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

Hi, thank you for your reply. So I don't need to fill in my defence yet? I was getting a bit confused over the time process on moneyclaim. Am I right in thinking I have another 14 days before I have to fill in the defence?
Sorry for so many questions.

[charitynjw]

Re: Court Claim Reston Solicitors/Arrow Global

If the claim issue date was 23rd May, the 33 day deadline for your defence is 25th June. (28 days + 5 for posting).
As this is a Sunday, Monday 26th June would be ok.
The forum's CPR 31 request includes an offer to the Claimants/sols for an agreed 28 day extension to this.
IF they agree, the Defendant (ie, you) will need to inform the court.

[warwick65]

Re: Court Claim Reston Solicitors/Arrow Global

Hi
As Mike says I would not ask for an extension. Although the cpr requests I sent made the offer of one, they did not take it up so my defence was submitted on my behalf on the deadline. I would stick to that plan although have it written and checked over the weekend before, submitting it on fri night, sat , sun or Monday will make no difference- unless documents arrive in the post sat or Mon.