TIM vs ARROW/RESTONS (Need urgent help with defence)

[Amethyst]

Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

Indeedy xxx

[TIM50]

Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

Thanks. I actually saw that particular point in the defence earlier when I was reading through it and making changes, believe it or not.

I guess it can all become a bit overwhelming sometimes! Ok, so good to submit then.

[TIM50]

Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

Hi. There has been a development. I have just received this letter from Arrow Global (attached). It looks like they are confirming debt relates to an overdraft and so isn't covered under CCA regulations. I don't know if this a good or bad thing in terms of being able to defence the claim?. Could you please suggest an an amended defence? I haven't submitted any defence yet with Money Claim.

I am still yet to hear anything from Restons.

@Amethyst

Thanks

[TIM50]

Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

Hi. There has been a development. I have just received this letter from Arrow Global (attached). It looks like they are confirming debt relates to an overdraft and so isn't covered under CCA regulations. I don't know if this a good or bad thing in terms of being able to defence the claim?. Could you please suggest an an amended defence? I haven't submitted any defence yet with Money Claim.

I am still yet to hear anything from Restons.

@Amethyst

Thanks

Hi. Could anyone please help with a revised defence?.

The defence statement needs to be submitted by tomorrow (Monday) 4pm. I had a defence ready to submit, but Arrow have sent the letter attached to the last post, denying they are the creditor, and advising that the debt is an overdraft, so doesn't come under CCA regulations (attachment in previous forum post). I am getting worried now that there won't be time to change the defence.

I have included a copy of my current defence statement (written before receiving the letter from Arrow Global) below:

1: I received the claim #Claim Number from the Northampton County Court on 19th June 2017.

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 agreement regulated under the Consumer Credit Act 1974.

4: I have held various financial products with HSBC over the years however I am uncertain as to what the Claimant's claim applies.

5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6. The Claimants statement of case states that the account was assigned from HSBC to Arrow Global Limited on February 18th 2016. The Defendant does not recall receiving notice of this assignment. The claimant is put to strict proof they have the right to bring the claim by disclosing the deed of assignment.

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 1st June 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 the Contract along with any relevant terms and conditions, as well as a copy of any Notices and Deeds of Assignment.

9. Restons Solicitors Limited have not sent any of these documents to me.

10. On the 1st June 2017 I sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to section 77 / 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 failed to acknowledge my request.

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 do not recognise the amount claimed and I believe that the sum has been calculated to include excessive and unfair charges, be it for late payment, returned payment or overdraft fees. It would be my contention that these charges may have increased any debt because of the terms of the contract relating to the account or accounts causing an unfair relationship. However I am unable to plead effectively without further information from the Claimant as to the origin of the alleged debt.

15. 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.

16. 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.

17. It is denied that the Claimant is entitled to the relief as claimed or at all.
admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of cred
Statement of Truth

The Defendant believes that the facts stated in this Defence are true.


Signed …………………………………………

Dated .................................................. ....

[charitynjw]

Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

If it were me I'd put in the defence as it stands.
Arrow have given you no verifiable proof that it is just an overdraft, & your SAR response, when it arrives, should show whether or not Arrow have recently bothered checking their facts with the original creditor. (& if they do have hard copy evidence, how come they haven't sent it to you?)

[TIM50]

Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

Thanks @warwick65 @charitynjw and @Amethyst.

I have just recieved (at the last possible moment) a letter from Restons solicitor, at the last possible minute! meaning almost no time to respond to it and form a defence.

The defence statement needs to be submitted by 4pm today at the latest.

I have attached a copy of the letter to this post.

Would someone mind revising my defence statement to take the letter from Restons into account? I don't have much of a clue about all of this

I am getting really worried now that I am not going to have time to submit this defence and will end up with a CCJ by default.

Thanks

[MIKE770]

Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

usual template from Rectums nothing new there!


they are right but assumption of some is wrong as CPR31.14 can ask for documents mentioned on the N1 form right up to allocation, keep that letter on file for possible future use in witness statement.

More disclosures can be asked for later.

[TIM50]

Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

Thanks Mike. I will keep the letter.

I think the defence statement will need to be amended to challenge the points in their letter. There is also a point in the defence statement which states Reston haven't responded at all, as well as other points.

I would appreciate any help from anyone amending this defence statement. Not long until the 4pm deadline today

[warwick65]

Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

Hi

You could just alter para 9 to read : Restons have refused my request

You still want them to prove the assignment and provide a copy of the contract - they either don't have them, are too lazy to supply them or want to play games and confuse you - don't let them

[MIKE770]

Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

just para 9 as suggested witness statement later in proceedings will include your points, do not give them plenty of time to find things now.

[TIM50]

Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

Thanks @warwick65 and @MIKE770

I am just emailing the defence statement now (as I am not able to access their online system). I don't have a printer so I am needing to use an electronic signature, which I have been informed by the Money Claim helpline is OK. The last lady I spoke to on the helpline didn't inspire confidence though. Previously I have been told by someone on the helpline that just typing my name along with the date at the bottom of the defence statement on an email is fine, along with the claim number in the subject field. The email is then emailed to: ccbcaq@hmcts.gsi.gov.uk

Can someone confirm? Thanks

[MIKE770]

Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

ccbcaq@hmcts.gsi.gov.uk

[warwick65]

Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

As far as I know just typing your name will suffice and although the people at HMCTS shouldn't give legal advice if they say typing it should be ok

[TIM50]

Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

Thanks. Ok, I have sent to that email address. I didn't receive any acknowledgement unfortunately. It looks like that function isn't working at the moment. After trying to send multiple times however, I received a reply from a member of staff advising that the email had been received correctly.

[MIKE770]

Re: TIM vs ARROW/RESTONS (Need urgent help with defence)

. I also sent it to the ccbc@hmcts.gsi.gov.uk email address and I received an acknowledgement from that .

. you received a receipt so print it off and attach to your copy of defence etc no need to ring them as you state you have an immediate receipt