Possible letter before action from Restons

[warwick65]

Re: Possible letter before action from Restons

Hi
Really all you can ask for in your CPR request are the contract and the assignment although I would ask for the notice and Deed of assignment

Remember the CCA request goes to Arrow and the CPR to the solicitors ( I think the template CPR says you have included a copy of your CCA request for their reference)
[MENTION=49370]Kati[/MENTION] can this be moved to the received a court claim section ? Ta x


Just checking , it is Arrow Global and not Arrow Global (Guernsey)

If AG use 12 Booth St Manchester

[skinnyg]

Re: Possible letter before action from Restons

Excellent, thanks! To what date should I submit to them with regards to this :

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.

This was from a previous cpr request I had done , do you think this will suffice ?

1.The contract, including the specific Terms at the point the allegedAgreement was made and any subsequent changes. You will appreciate byreason of the provisions of CPR 39.a (3.3) requires Theoriginals of the documents contained in the trial bundle, togetherwith copies of any other court orders should be available at thetrial.Further, that any general conditions incorporated in the contractshould also be attached.

2.Thedeed of assignment
3.Thenotice of assignment
4.Thedefault warning letter
5.Thedefault notice

Thanks !!

[skinnyg]

Re: Possible letter before action from Restons

It's ok I will just put as follows :

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.

I just noticed before I had requested for a CPR18Preliminary Request for further information / clarification.

Do you guys not recommend this, I believe before I did this as this was for debts that are going through the small claims track, but I noticed you have the cover letter for the CPR 31 should they respond regarding that matter.

[warwick65]

Re: Possible letter before action from Restons

Hi
I assume you used to visit Goodf ?
While I know some people felt that they had success with Goodf , I believe it was more by luck than judgement - creditors do make commercial decisions not to pursue debts at times although the higher the value the harder they tend to fight.

As far as i am aware, the correct process is to use Cpr 31.14 .
and you can use it to ask for documents mentioned in the particulars of claim only ( I think if there are other times you can use it but am not exactly sure)

A Cpr 18 request is a whole different ballgame and should not be used as a fishing expedition but can be used to ask specific questions or clarification such as 'On what date was the default notice issued'

here are the links for the CCA and CPR requests
http://legalbeagles.info/library/gui...etter-example/

http://legalbeagles.info/library/gui...-of-documents/

Remember there is the £1 fee for the CCA request

If not already done I would get a Subject Access Request off to HBOS , in my opinion it needs to be comprehensive and ask for everything they hold on you, it might mean lots of paper to go through but it will contain details of the date the DN was sent etc . That is all info that Restons may not have

One last question, when was the account opened and can you remember how, online, a leaflet or something else?

[skinnyg]

Re: Possible letter before action from Restons

It was done online for sure, and it was in 2013. According to the POC it was on or about NOV 07th 2013 which does sound correct, I would have to do more fishing to find if this is correct but I am pretty sure it is. UPDATE - I have just fished through old emails and sure enough it was Nov 7th 2013 when I received my successful application email

Would this be ok for me to request on my CPR 31.14:

1.Contract
2. The deed of assignment
3.The notice of assignment
4.The default warning letter
5.The default notice

I added the default warning and notice as they state a default balance on the POC, I want to get these sent of tomorrow so trying to get this finished tonight, so excuse my barrage of posts.

I have never done a SAR before but does sound something I should also do, thanks Would be very kind if you could point me to a reliable post to go ahead and get a SAR sorted also. Merci.

[warwick65]

Re: Possible letter before action from Restons

Hi again

My last post for tonight I am afraid

Your CPR request can only ask for what is mentioned in the POC so the DN and the DN warning letter are not there

As for a SAR

here is one I used - it is a bit OTT but gets the point across. I will admit that even when they received that they did not send everything I needed so I wrote back and they did send stuff

Dear Sirs,

Reference: 123456789

Subject Access Request - S.7 Data Protection Act 1998

Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and that I am entitled to under section 7(1) of the Act.

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

For the avoidance of any and all doubt, I reiterate:I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.

I also require that you forward a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself.

You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action. You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.

Yours faithfully,

You could probably edit out some of the extra stuff I 've highlighted a few bits in red

[skinnyg]

Re: Possible letter before action from Restons

Marvellous. I will get this knocked up ASAP thanks again!!!

So one more time and I promise it's the last time, with regards to my CPR 31.14 request, it should be contract, deed of assignment and notice of assignment. I feel that I am being a little vague just by stating "contract" correct me if I am wrong.

[warwick65]

Re: Possible letter before action from Restons

It is what's in the POC

As this is so recent an agreement you might need some professional help to defeat it or get a decent settlement.

Maybe at least get some free initial advice from the professionals. No not Bodie and Doyle - you might get that if you are of a certain age

[skinnyg]

Re: Possible letter before action from Restons

Ha ! No I don't think I will fit that criteria lol ! As a side note, I did have a claim from Lowell dropped by doing the same before, I think that was a stroke of luck as now I know just a little bit more I realise my defence wasn't up to scratch ! Either way I have been here once before already, so am a little familiar with the process. This debt is double the last one though! At least it does buy some time between now and trial

I don't suppose you have any idea what the address/contact would be to send a subject access request to HBOS in this case being Halifax, also the reference number, I am unsure as to what ref to use here. Would it be the same ref that arrow/restons are using, Thanks.

[skinnyg]

Re: Possible letter before action from Restons

Hi everyone, hope your all well. Just an update on the progress of this claim, I have received reply's in the post both from Arrow Global responding to my CCA request and Reston Solictior's regarding my CPR request, it seems to me the usual reply's at this stage. No mention of anything regarding the CPR 31 request just that Arrow have instructed them to put claim on hold whilst they fetch my CCA.

I will need to concentrate on my defence now as the claim was issued on 4th Sep and I am cutting fine on time, any help would be very much appreciated.

[warwick65]

Re: Possible letter before action from Restons

Remember you have until 7th Oct to submit your defence

The template defences on the forum cover non disclosure of documents

[warwick65]

Re: Possible letter before action from Restons

Sorry I should add
The template defence really is basic and there may well be other arguments that can be run, of course once you have entered a defence it becomes difficult but not impossible to change however it does cost money.

I had a claim for about 6K and from what I have seen, the defence entered by my solicitor was incredibly complex and more than I understand.

[skinnyg]

Re: Possible letter before action from Restons

Well, I have pretty much made up the defence now and agreed it is pretty basic but that would be ok for me if I was to stand before the court LOL ! They have not provided the documents requested and have ignored my request for an extension to file defence as allowed under CPR 15.5, anyway I will post defence on here and perhaps one of the great minds on this forum could have a quick check over. The only part I am a bit miffed over is stating the claimed amount appears to be a credit card agreement, I am thinking how would I know this based on the POC if I have no recollection of this debt. x I am guessing the all important word "appears" is important here

Out of curiosity warwick65 did you manage to have the claim struck out of court in regards to your 6k debt ?

[warwick65]

Re: Possible letter before action from Restons

It is still ongoing with no date yet but I am confident I will get the best.
possible result.

Remember it is only a basic defence and I'll put money on the fact a solicitor would make a better job.

If you really do not know what the claim is about don't make it up.

[warwick65]

Re: Possible letter before action from Restons

By the way, you have posted on this thread you know what the debt was for as you have your confirmation email.

Do not lie in the defence.

Based on the no docs defence they will continue and k owing Restons apply for a strike out and summary judgement at some point. That seems to be their M. O.

DID [MENTION=87380]Diana M[/MENTION] give you some good advice earlier on in the thread.