Possible letter before action from Restons

[skinnyg]

Hi everyone, I have received a second letter from Restons Solictiors of similar description to the previous and was wondering if anyone could confirm that this is a LBA. I have had no correspondence with the original creditor or any of the DCA with regards to this debt. Would be nice to know if there is anything I can do that would benefit me early on if I do have to defend against a court claim, thanks very much.

The claimed debt is around the 7000 pounds mark

[MIKE770]

Re: Possible letter before action from Restons

start off giving as much detail as very vague at present, peeps need to know the facts to advise?

[Diana M]

Re: Possible letter before action from Restons

I have received a second letter from Restons Solictiors of similar description to the previous and was wondering if anyone could confirm that this is a LBA. I have had no correspondence with the original creditor or any of the DCA with regards to this debt. Would be nice to know if there is anything I can do that would benefit me early on

. . . The claimed debt is around the 7000 pounds mark

That doesn't read like a Letter Before Action/Claim to me.

It simply says in the absence of contact by you further action could result which "may" not "will" include the issue of a court summons.

However since this debt is around £7k it would be unwise to ignore the letter.

You say you've had no correspondence with the original creditor or any DCAs or the current owner of the debt Arrow Global Ltd so if this means you've never sent a s 77-79 CCA Request before then now is the time to send one to Arrow Global Ltd with a copy to Restons Solicitors so they know what's going on.

When did you last pay anything towards the HBOS credit card?

Di

[skinnyg]

Re: Possible letter before action from Restons

Hi, sorry for late reply... well it was a letter before action as I have just had the claim form through in the post today going to have to defend this one now and need to get my defence sorted. I do not have much record of this credit card but I am sure no payment was ever made to the original creditor if I did it would of been a balance transfer and that would of been at best about three years ago.

[Diana M]

Re: Possible letter before action from Restons

I have just had the claim form through in the post today going to have to defend this one now and need to get my defence sorted.

Did you send Arrow a s 77-79 CCA Request with a copy to Restons solicitors which I suggested?

since this debt is around £7k it would be unwise to ignore the letter.

You say you've had no correspondence with the original creditor or any DCAs or the current owner of the debt Arrow Global Ltd so if this means you've never sent a s 77-79 CCA Request before then now is the time to send one to Arrow Global Ltd with a copy to Restons Solicitors so they know what's going on.

If not then I would do that now.

Can you post/type up the Particulars of Claim (removing anything which could identify you) to see what they are claiming and why they think they have the right to claim it.

Di

[skinnyg]

Re: Possible letter before action from Restons

I did not send for a s 77-79 CCA Request I am embarrassed to say, I will type up the POC they are pretty much the bog standard claims that Reston claim, based from others I have seen on the site:

Particulars of Claim

The Claimant claims the payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HBOS
dated on or about Nov 07 2013 and assigned to the Claimant on Nov 24 2016

PARTICULARS a/c no - ****************

DATE ITEM VALUE
13/07/2017 Default Balance 7300.81
Post Refrl Cr NIL
Total 7300.81

[skinnyg]

Re: Possible letter before action from Restons

I will get the CCA request send out as soon as possible, I have some older documents I have used in the past I could use but do you have a template on the site? Should I also be thinking about sending a CPR request also, thanks YOU.

[MIKE770]

Re: Possible letter before action from Restons

I did not send for a s 77-79 CCA Request I am embarrassed to say, I will type up the POC they are pretty much the bog standard claims that Reston claim, based from others I have seen on the site:

Particulars of Claim

The Claimant claims the payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HBOS
dated on or about Nov 07 2013 and assigned to the Claimant on Nov 24 2016

PARTICULARS a/c no - ****************

DATE ITEM VALUE
13/07/2017 Default Balance 7300.81
Post Refrl Cr NIL
Total 7300.81

l claim particulars i.e date issued?

[skinnyg]

Re: Possible letter before action from Restons

Issue Date 04 SEP 2017 , I am just doing my AOS on the MCOL site as we speak

I know I want to Defend all of this claim, but I cannot remember if I should tick this box :

Contest JurisdictionYou can choose to contest jurisdiction of the claim made against you.

I intend to contest jurisdiction

If I remember rightly , I do not want to be contesting the jurisdiction of the claim

[MIKE770]

Re: Possible letter before action from Restons

Saturday, 7 October 2017 == Latest Monday 9th October 4 pm for submission of defence


defend all

First Steps

[skinnyg]

Re: Possible letter before action from Restons

Yep, I should be defending all but should I be ticking this box also, thanks ! :

Contest JurisdictionYou can choose to contest jurisdiction of the claim made against you.

I intend to contest jurisdiction

[MIKE770]

Re: Possible letter before action from Restons

CCA Request Letter || CPR 31.14 Request Letter

- - - Updated - - -

[QUOTE=skinnyg;749820]Yep, I should be defending all but should I be ticking this box also, thanks ! :

Contest Jurisdiction You can choose to contest jurisdiction of the claim made against you. ///////////////////?????????????

I intend to contest jurisdiction:- NOTE:- if you live in england/Wales then do not contest, only if say you happen to live in scotland yet issued in england

[Diana M]

Re: Possible letter before action from Restons

I intend to contest jurisdiction

Only if you don't live in England or Wales.

Where do you live?

Di

[skinnyg]

Re: Possible letter before action from Restons

I live in England, thanks for confirming

[skinnyg]

Re: Possible letter before action from Restons

Hi which documents should I be asking for based up on my POC for my CPR 31.14 request :

Particulars of Claim

The Claimant claims the payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HBOS
dated on or about Nov 07 2013 and assigned to the Claimant on Nov 24 2016

PARTICULARS a/c no - ****************

DATE ITEM VALUE
13/07/2017 Default Balance 7300.81
Post Refrl Cr NIL
Total 7300.81

1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

If I understand correctly they are not mentioning a default notice so should I request as follows :

1. Contract
2. Assignment
3. Formal Demand
Is this correct, thanks in advanced

Oh and what date should I be informing them I will be sending my defense :

To enable me to filemy defence and/or counterclaim, I require inspection of documents youmention in your statement of case ahead of filing my defence onxx/xx/xxxx.

Oh and one more question which address should I be using for the claimant, I gather it will be in this case Arrow Global Limited address as they are the claimant, I thank you very much in advanced again !!