Restons/arrow/hsbc court claim dates approaching june

[Aware]

Hi all

I have received a court claim and desperately need some assistance. I have probably lived in fear for a number of years over these debts and have finally tried to get a hold of this. Can't be living in fear and keeping my head in the sand. Assistance needed. I'm looking through the threads and getting to grips with the site.

Received a claim:
Issue Date: 15 May 2017
Amount approx: 10k
Claimant: Arrow Global
Solicitor: Restons
Original Creditor: HSBC
Particulars of Claim:
The Claimant claims payment the overdue balanced from the defendant under contract between the defendant and HSBC
dated on or about [2008] and assigned to Arrow Global [on a date in 2017][unsure of the dates as can not now locate the SOC]

Is the debt Statute Barred? - not sure whether statute barred. I expect not as have paid on it in 2016 I think. Please advise on this also.

List any letters you have sent:
I've not sent any letters as have in a way lived in fear. Any unknown letters I have just picked up, been in fear and hoped that the bloody thoughts of this would disappear. Frankly it's time to sort this out now and no longer go on with this nonsense. Assistance needed.

Any Other Info:
The loan was taken out with HSBC near 2008 for a post graduate qualification the Post Grad Diploma in Law for 14k and I had paid since then to HSBC with struggle over the last few years. I was unemployed for a period and ignored demands, again out of fear kept my head in the sand whilst unemployed, and couldn't deal with this, whilst being unemployed and looking for work.

I have another loan with HSBC for 4k which I managed to sort out and continue to pay. This was not assigned to any collectors.

I dealt with the AOS in time and have also decided to Challenge Jurisdiction.

I need assistance in what to do next, in dealing with Challenging Jurisdiction, the Defence, and also a little information on this Debt process and how these things pan out?

Your assistance is greatly appreciated.

Thanks

Aware

[Diana M]

Re: Restons/arrow/hsbc court claim dates approaching june

On what basis are you planning to challenge jurisdiction? Do you live in Scotland or Northern Ireland?

This link here should help you to get started > http://legalbeagles.info/forums/show...322#post418322

Di

[Aware]

Re: Restons/arrow/hsbc court claim dates approaching june

Hi DI - thanks for the response.

I live in England.

I gather from the Particulars of Claim and the info that I have read that the POC themselves are very much lacking. These particulars in a sense do not allow me to make a detailed defence, in fact they do not set out a case as I would expect. They set out very little background and they fail to set out any relationship and any real basis of the claim. From my reading of these matters, these claims are really just a bit lacking and only intended to secure a judgment in default.

I am setting below in speechmarks the general content of my argument. The intentions is not necessarily to have a compelling argument, the intention is to get these guys a little on the ropes and to try to get this thrown out as soon as possible. I need your/some assistance on this. As far as I see it, they are throwing nonsense around in the hope to secure a judgment, and likewise this would be an opportunity for me to, whether it has substance or not, it would be an opportunity to have the Court turn its mind to these matters also.

I will look to add some more to it if needed. I just need a bit of your know-how and experience in these matters. Any thoughts? Can you also advise a little on the procedure?

If in the event that this does go to court, I will ask the court to again read the Application Challenging Jurisdiction, stating that this comprises my arguments in the substantive matter. This should potentially give me an opportunity to throw some stuff at them? Please let me know your thoughts?

Also do you have experience of challenging jurisdiction?

What are my submission deadlines as I have decided to Challenge Jurisdiction.

I will take a look at the link and start some of the suggested processes. Below in speechmarks is some of the content of my application:



"From my reading of the CPR 11 is that I can challenge:

(1) A defendant who wishes to –
(a) dispute the court’s jurisdiction to try the claim; or
(b) argue that the court should not exercise its jurisdiction
may apply to the court for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it may have.

The purpose in a sense of this application is to allow myself an opportunity to throw as much as is possible in the court's mind as to the Claimant and its litigious ways.

Whether the claim stands a chance of succeeding in some ways is neither here nor there. The Claimant in the same way has made a spurious claim, and is abusing the court process in failing to provide detailed particulars of his claim which the Defendant can properly challenge or ask the Claimant to prove.

The Claimant is using the Court's procedure in order to support its business model.

The Court is essentially being abused and its procedure being abused in order to support its business model. [I will look to provide evidence from the Court itself as to the applications that Restons make where no Defendant's turn up and are granted Default Judgments without challenge on the basis of pawltry particulars of claim]. The Claimant in the last year alone has submitted xxx number of Court Claims, of these xxx have not been defended, and the Defendant has then received Judgements which it then uses the Officers of the Court to enforce its business model.

In any other business there is an agreement, and then a breach of an agreement. The Claimant will then claim any losses in this. The Claimant has failed to set out the basis of his Claim and has not set out his losses. The Claimant is in effect seeking to use the Court's procedure in order to gain a profit to which it is not entitled.

In consideration of the above, the alleged Defendant asks the Court to exercise its rightful discretion and see the intentions of the Claimant which is to seek compensation for losses that have not occurred; its intentions are to make a profit; and its intentions are to support its business model for which it is demonstrably abusing the Courts procedure. In view of the above and evidence by the Claimant to the contrary to the Court should have no hesitation in finding that either:

(I) it has no jurisdiction to try the claim
(ii) and or alternatively that in consideration of the application and the content of the application the court is satisfied that in the circumstances it should not exercise its discretion."

Thanks.

Aware

[Diana M]

Re: Restons/arrow/hsbc court claim dates approaching june

It's difficult to know how to say this politely, but I'll do my best

If you intend to use that as your Defence and the basis of your challenge to 'jurisdiction' then I don't see you winning this case. I see a CCJ.

You have a court claim against you and the task in hand is to defend it.

Have you been getting advice from the internet?

From my reading of these matters, these claims are really just a bit lacking and only intended to secure a judgment in default.

I am setting below in speechmarks the general content of my argument. The intentions is not necessarily to have a compelling argument, the intention is to get these guys a little on the ropes and to try to get this thrown out as soon as possible. I need your/some assistance on this. As far as I see it, they are throwing nonsense around in the hope to secure a judgment, and likewise this would be an opportunity for me to, whether it has substance or not, it would be an opportunity to have the Court turn its mind to these matters also.

Di

[Aware]

Re: Restons/arrow/hsbc court claim dates approaching june

Hi Di

Any assistance would be handy.

I understand that if I lodge an Application to Challenge jurisdiction asking the court either state that it does not have jurisdiction, or alternatively that it will not exercise jurisdiction, then I must provide evidence. In relation to evidence I intend to provide information from the Court itself as to the applications the Claimant has made in the last year, how many were undefended, how many resulted in CCJs and were then enforced by the Court.

I also intend to use information from Restons website, demonstrating hopefully that this is their business model.

I will also state that the Court has no jurisdiction as the Bank, the actual party from a claim has originated has acted in a manner acquiescing or suggesting that there is no claim. The Bank has acted in a manner in continuing to provide lending, and other loans. In any other contractual relationship the alleged wrong party would bring relationships to an end. In these circumstances the bank has not done so and has given the Defendant essentially some type of right or right of estoppel (if this is the correct word I'm not sure) in which any Claimant in effect has no cause of action. Accordingly the Court is asked to exercise its power and exercise jurisdiction in matter where no cause has in fact arisen; the true party makes no claim; in a matter where there is no identifiable loss; and a matter in which the Claimant seeks to abuse the Court's process.

The above are some angles that I'm intended on adding. Let me know your thoughts.

Can you advise me on the procedure of this Challenge to Jurisdiction. I have until I think the 20 June 2017 (Saturday) to get this in. What are the next steps after this? When would I have to send in the Defence? Would there be a hearing for this Challenge? When would this be? And when would I have to send in the Defence?

In the meantime, please advise whether I should send in a CCA request?

Should I also be sending a Part 18 or Part 31 Preliminary Info Request/Disclosure Request?

In relation to advice, I read law, and used the loan for a PG Dip in Law. I currently work in Construction Arbitration as a temp paralegal, and am pretty rusty on the CPR.

Generally, I have lived in fear over these loans, and kept my head in the sand, not answering letters, hoping that this will just go away. There is only one way for me to get this over and done with and it to get a little smart and sort this out, as it definitely is not going to go away. I pretty much need assistance in getting on top of this, knowing more about Restons and perhaps ensuring that I follow a set procedure based upon your knowledge of Restons/Arrow/HSBC. I have little idea how the selling and assigning of loans works and the legislation around it.

If there is any evidence that you think that I can add to this would be helpful. I pretty much intend to throw stuff at them in a sense, and give myself ay opportunity to present to any court that they are abusing the court process in making an undue profit when the money that they are claiming excessively exceeds their losses (their losses being only the amount that they may have paid for the debt).

Thanks. Look forward to hearing from you.

Aware.

[Aware]

Re: Restons/arrow/hsbc court claim dates approaching june

Hi Di

If you get a moment could you address some of the points in the above. Would be very much appreciated.

I am in the process of writing up the Challenge to Jurisdiction, I can consider sending this to you by email when this is moreso complete.

Can you tell me whether I can submit this on the portal with the evidence, or can this be done by post/registered? Or even by email?

Would you have any kind of template that can be used to make it look reasonably professional?

Thanks

Aware

[Aware]

Re: Restons/arrow/hsbc court claim dates approaching june

Hi Di/or if anyone can assist?

I've not heard anything further. Can someone assist. Do I make the application on the form N244. Can I send this in by email and attach evidence?

The deadline is this Saturday 17 June 2017.

What should I ask the court in the order, should this be to set aside the Claim form, or set aside the service of the Claim form?

How should this order be drafted? What should it look like? Can anyone pass on a template?

Thanks

Aware

[Aware]

Re: Restons/arrow/hsbc court claim dates approaching june

I've submitted the Challenge to Jurisdiction, and also abuse of process application with form N244, Submisisons and supporting evidence.

Is there anyone out there that has experience of this? Would be a great help?

Just need to know the next process in this. I will send off to Restons/Arrow the CCA request. I will decide to wait until the hearing/application of Jurisdiction Challenge has been dealt with and then consider a further claim to Strike Out their Statement of Claim for want of any suitable Particulars.

Does anyone have any thoughts on this please??

Aware

[Aware]

Re: Restons/arrow/hsbc court claim dates approaching june

HAS ANYONE CONSIDERED A COUNTER-CLAIM OR ADDING AS A DEFENDANT TO THE CLAIM THE ACTUAL LENDER???

If the Court accepts Jurisdiction I will consider a number of options of adding the HSBC as a defendant and to argue that the Claimant/Arrow are not owed sums by me, but they are in fact owed sums by HSBC for having sold an ineffective debt. Does anyone have any ideas on this, or around this? Has anyone added a defendant particularly the lender???

Any help would be appreciated???

Aware