Summons from Arrow Global using Restons Re: M&S Financial services

[Bobkharwar]

Hello and thank you for your forthcoming advice.

A little new to this as have not faced any county court summons in the recent past so just need to brush up on the Tact.

Issue date is 11.02.16 so I must file AOS before 28.02.16. I have 33 days from 11.02.16 to file my defence and counterclaim.

Just to reiterate, I have to request for a CCA from the claimant Arrow Global with a £ 2 fee and also request a CPR from Restons solicitors, giving them both 14 days to respond. Is there anything additional I need to do at this stage ?

The particulars of claim states ''payment of an overdue balance from the defendant under a contract between the Dfnt and M&S financial services dated on or about 01 September 1988 and assigned to the claimant on Feb 17,2015.

To date , I have not received any notice of assignment, no default notice and no letter before action from either M&S and/or Arrow Global Limited and/or Restons in writing. I have to check my records as the amounts claimed may have been settled with M&S services directly in the past using a direct debit or lump-sum means.

Please can you consider and advise me if there is any additional tact required in dealing with these scaremongers.

Thank you for any/all advice.

Best wishes,

[Amethyst]

Re: Summons from Arrow Global using Restons Re: M&S Financial services

Hi, Welcome - you sound like you have a good idea how to go about dealing with this already

How much is the claim for?

Do you recall when you last had any contact with M&S or any other party about the debt? Idea when you defaulted on the debt?

You mention you think you may have already settled the debt so you will need to check that out - possibly get in touch with the original creditor to find out. Does anything appear on your credit file ?

First step is to put in your acknowledgement of service in - just tick intend to defend.

CCA from the claimant Arrow Global with a £ 2 fee

It would be £1 for the CCA request to Arrow - you should also send a copy of it to Restons attached to your CPR letter. You CPR can only ask for documents mentioned in the particulars of claim which appears just to be the contract.

M&S 1988.... is it a credit card ? could be interesting - have a read http://legalbeagles.info/santander-c...ew-misc-14-cc/ ( summary for ease of read http://www.bbc.co.uk/news/business-17670803 )

[Bobkharwar]

Re: Summons from Arrow Global using Restons Re: M&S Financial services

Hi, Welcome - you sound like you have a good idea how to go about dealing with this already

Bob: Thank you. Must say all you people are doing a great job here helping out lost and desperate people like me.

How much is the claim for? £ 2035 + court fees & legal fees = 2220.09

Do you recall when you last had any contact with M&S or any other party about the debt? Idea when you defaulted on the debt?

Bob: at the end of 2013 which is when I suspect I paid them in full to settle the balance of £ 1800 or so outstanding.

You mention you think you may have already settled the debt so you will need to check that out - possibly get in touch with the original creditor to find out. Does anything appear on your credit file ?

Bob: Do you mean I must write to M&S once again despite having Arrow global sue me for the deemed assigned debt? I shall have to check my file with experian online and see what is going on. I pay the subs but never get round to checking regularly.

First step is to put in your acknowledgement of service in - just tick intend to defend.


CCA from the claimant Arrow Global with a £ 2 fee


It would be £1 for the CCA request to Arrow - you should also send a copy of it to Restons attached to your CPR letter. You CPR can only ask for documents mentioned in the particulars of claim which appears just to be the contract.

Bob: I have followed your explicit instructions using the CCA and CPR templates from the site.

M&S 1988.... is it a credit card ?

Bob: It was a charge card. unsure if it ever varied to a credit card as per the article you attached.

Best wishes,

[Amethyst]

Re: Summons from Arrow Global using Restons Re: M&S Financial services

Okay, I think M&S Financial Services is owned by HSBC now? I could be wrong, it was Santander previously. It might be worth a subject access request to whoever M&S FS are owned by now to see if that throws up anything about it changing from store card to credit card, and also should throw up if you did indeed settle it.

Should also see if you can check your bank records to find if you did make a £1800 payment.

You've sorted the CCA and CPR letters so that's good, and you did the acknowledgment okay?

[Bobkharwar]

Re: Summons from Arrow Global using Restons Re: M&S Financial services

Hello

I've just got back a reply letter from Restons enclosing the CPR letter and CCA copy sent to arrow global attached. It reads as follows: Please find enclosed a draft letter which purports to come from you but which is unsigned. You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it. Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.

I followed the notes per the forum and did not sign the actual letter instead had it computer signed.

My AOS was filed with NCCC on time hence I must file a defence before 15 March 2016.

I have no acknowledgement of the CCA from Arrow Global as yet.

Please can you advise what I must do as need to file my defence and also deal with this return letter from Restons claiming its unsigned.

Many thanks for your continued assistance.

[charitynjw]

Re: Summons from Arrow Global using Restons Re: M&S Financial services

Please find enclosed a draft letter which purports to come from you but which is unsigned. You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it. Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.
.

They can't send an LBA or an NoA, & can't comply with a CCA or CPR letter.
But they.re quite comfortable in initiating a county court claim.
Scallywags!

[nemesis45]

Re: Summons from Arrow Global using Restons Re: M&S Financial services

Hello

I've just got back a reply letter from Restons enclosing the CPR letter and CCA copy sent to arrow global attached. It reads as follows: Please find enclosed a draft letter which purports to come from you but which is unsigned. You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it. Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.

I followed the notes per the forum and did not sign the actual letter instead had it computer signed.

My AOS was filed with NCCC on time hence I must file a defence before 15 March 2016.

I have no acknowledgement of the CCA from Arrow Global as yet.

Please can you advise what I must do as need to file my defence and also deal with this return letter from Restons claiming its unsigned.

Many thanks for your continued assistance.

There is really no point in not signing a CCA request even though there is no specific obligation to do so, a data controller must be satisfied that requested documents are going to the person entitled to receive them.

Did you resend the CCA request. If not it will not be complied with.

nem

- - - Updated - - -

Did you resend the CCA request properly signed? If not it may be ignored.

nem

[Bobkharwar]

Re: Summons from Arrow Global using Restons Re: M&S Financial services

hi nem

Both the documents cca to arrow + 1 pound postal order and cpr with cca copy to restons were sent with a computer signature.

I can send again just need to know what the correct course of action is ? I thought it was in order for me to not divulge my signature ? please do clarify.

already started working on the defence that i need to file with nccc.

charitynjw well how do we get these scallywags then?

[nemesis45]

Re: Summons from Arrow Global using Restons Re: M&S Financial services

hi nem

Both the documents cca to arrow + 1 pound postal order and cpr with cca copy to restons were sent with a computer signature.

I can send again just need to know what the correct course of action is ? I thought it was in order for me to not divulge my signature ? please do clarify.

already started working on the defence that i need to file with nccc.

charitynjw well how do we get these scallywags then?

Always sign personally any requests for information or disclosure of documents there are time when not doing so can lead to claimants being able to seek summary judgements.

nem

[Noah]

Re: Summons from Arrow Global using Restons Re: M&S Financial services

It is not necessary to sign a cca request particularly if they are writing to you at a long standing address. I suspect but do not know that a judge would agree with me.
However as a claim has been issued it is probably worth resenting with a signature but if it makes you more comfortable use an anti tamper strip.

You say AG have not replied at all so I suspect they have accepted your request.
The cpr request does need signing

[Bobkharwar]

Re: Summons from Arrow Global using Restons Re: M&S Financial services

Noted thank you.

Cca to AG has had no response so will let that stand as delivered and accepted.

shall resend the CPR with Cca copy to restons by special delivery.

my timeline for the defense is 15 March. I do not foresee a reply from restons or AG before then enclosing any documents that they have relied upon on the particulars of claim. Any pointers on how to cross reference in my defence that I need to work upon and file online this weekend ?

Thank you

[Bobkharwar]

Re: Summons from Arrow Global using Restons Re: M&S Financial services

Another update from this mornings post.

Sent a signed CCA and signed 31.14 CPR to AG and restons respectively.

Amethyst, I checked all my old correspondence and have recollected the whole matter which transpired between May and October 2013. M&S Bank or M&S Financial services made several errors and did not reinstate my dd payments on my card which I am told was a store card. Finally after various phone calls to their customer services team and also their collection team who started chasing me for the missed payments between May and October 2013 which did not collect as a result of a failure of M&S not setting back the DD, I finally settled the statement balance on 31/10/2013 with a cheque payment and a notice to them to close the account as I did not see the point working with a disorganised and ill administered company who despite a dozen requests had not reinstated the dd payments.

Amethyst I checked my Credit reference files online. My score dropped from 976 in may 15 to 707 in december 15 wherein an entry appears on my dec 15 score from AG having updated the account on 17/05/2015 with a default date of 22/10/2013. This was the first time this entry has been lodged as there was no entry on my may 2015 credit file.

I wish to teach them a lesson. m&s bank, M&s Financial services, AG and Restons (their legal machinery). Can someone on this forum please help me with my defence as need to make it as robust and watertight as possible and close this long and rather unpleasant matter.

Thank you to all those who have helped and are willing to help and look forward to your kind guidance.

[charitynjw]

Re: Summons from Arrow Global using Restons Re: M&S Financial services

An example defense can be found here http://legalbeagles.info/forums/show...t-Court-Claims

Just adapt it to suit your circumstances,

If you wish, post up your completed defense for opinions.

[Bobkharwar]

Re: Summons from Arrow Global using Restons Re: M&S Financial services

Please can you kindly overview this defence as it needs to be filed later on today using mcol.

1. I received the claim xxxxxxxx from the Northampton County Court on 15 February 2016


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 a credit card / charge card contract regulated under the Consumer Credit Act 1974.


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


5. The particulars of the claim clearly fail to state when the agreement was entered into with the claimant.


6. The Claimants statement of case states that the account was assigned from Marks and Spencer’s financial services to Arrow Global Limited on 17 February 2015. The Defendant does not recall receiving notice of this assignment.


7. It is denied that Marks and Spencer Financial Services Limited 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 22 February 2016 and then again on 11 March 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Nigel Petrie Coe of Reston Solicitors Limited. I requested the Claimant provide copies of the Contract dated Sept 01, 1988 and Notice of assignment dated 17 Feb 2015.


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


10. On the 22 February 2016 and then again on 11 March 2016 I sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


11. The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.


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 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.


15. 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.


16. It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth


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


Signed …………………………………………


Dated 14 March 2016

other facts of the case (should I share these with the courts now)

It was a very difficult time dealing with Marks and Spencer's Bank. They had a whole catalogue of administrative errors spanning a period of six months from May to October 2013 where patience was tested to the elasticity limit and absolutely nothing was done by them or their officers to correct the errors committed by them despite various reminders and assurances. After investing time and resources on various phone calls with Marks and spencer's Bank on dates as per below and having absolutely no respite or no amendments to the setting up of the direct debit, I finally
decided to pay my last statement dated 13 October 2013 on 31 October 2013 by post with a letter and a request to close the account. All along between May and October 2013 despite a dozen phone calls to their Customer services and then their collections department they NEVER reinstated the monthly Direct debit that was set up with them since 1988.

M&S Financial Services who my account and contract was with since 1988 never provided me any terms and conditions as per the requirements of the CCA 1974 and never notified me when they changed their status from M&S Financial Services to M&S Bank. A transition took place when they changed from a financial services company to a bank and this was never communicated to me. All it resulted in was a marked deterioration in their service and their administrative capability.

M&S Financial services now M&S Bank have not operated under the auspices, rules and regulations that have been stipulated under the CCA 1974 replaced by the CCA 1988. They have infact become heavy handed in their coerciveness by selling this paid debt onto Arrow Global and their legal machinery Restons.

This particular claim has been brought by Arrow Global who it seems have purchased the non existing debt from M&S Bank and who have registered a default on my Credit file on 17/05/2015 and this has seriously prejudiced my credit score and rating between the months of May and December 2015. How could they be such an irresponsible and negligent lender without studying the facts of the case.

I have since filing the AOS with HM Courts written both to Arrow Global with a CCA request and also to Restons enclosing a CPR and
have not heard back from them despite confirmation that both my letters were delivered into them on 23/02/2016.

I seek the courts assistance in setting this situation right with M&S Financial Services, M&S Bank, Arrow Global and Restons for the
financial conduct that their actions, behaviour and conduct of this account has caused upon me an insurmountable administrative
and time consuming nightmare deploying my time, resources and effort in bringing all the facts to your notice.

I shall await a fuller consideration of the facts and will need full disclosure from all parties involved in this action before you.

[charitynjw]

Re: Summons from Arrow Global using Restons Re: M&S Financial services

Please can you kindly overview this defence as it needs to be filed later on today using mcol.

1. I received the claim xxxxxxxx from the Northampton County Court on 15 February 2016


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 a credit card / charge card contract regulated under the Consumer Credit Act 1974.


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


5. The particulars of the claim clearly fail to state when the agreement was entered into with the claimant.


6. The Claimants statement of case states that the account was assigned from Marks and Spencer’s financial services to Arrow Global Limited on 17 February 2015. The Defendant does not recall receiving notice of this assignment.


7. It is denied that Marks and Spencer Financial Services Limited 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 22 February 2016 and then again on 11 March 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Nigel Petrie Coe of Reston Solicitors Limited. I requested the Claimant provide copies of the Contract dated Sept 01, 1988 and Notice of assignment dated 17 Feb 2015.


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


10. On the 22 February 2016 and then again on 11 March 2016 I sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


11. The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.


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 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.


15. 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.


16. It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth


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


Signed …………………………………………


Dated 14 March 2016

other facts of the case (should I share these with the courts now)

It was a very difficult time dealing with Marks and Spencer's Bank. They had a whole catalogue of administrative errors spanning a period of six months from May to October 2013 where patience was tested to the elasticity limit and absolutely nothing was done by them or their officers to correct the errors committed by them despite various reminders and assurances. After investing time and resources on various phone calls with Marks and spencer's Bank on dates as per below and having absolutely no respite or no amendments to the setting up of the direct debit, I finally
decided to pay my last statement dated 13 October 2013 on 31 October 2013 by post with a letter and a request to close the account. All along between May and October 2013 despite a dozen phone calls to their Customer services and then their collections department they NEVER reinstated the monthly Direct debit that was set up with them since 1988.

M&S Financial Services who my account and contract was with since 1988 never provided me any terms and conditions as per the requirements of the CCA 1974 and never notified me when they changed their status from M&S Financial Services to M&S Bank. A transition took place when they changed from a financial services company to a bank and this was never communicated to me. All it resulted in was a marked deterioration in their service and their administrative capability.

M&S Financial services now M&S Bank have not operated under the auspices, rules and regulations that have been stipulated under the CCA 1974 replaced by the CCA 1988. They have infact become heavy handed in their coerciveness by selling this paid debt onto Arrow Global and their legal machinery Restons.
Can you provide a link for this legislation please?

This particular claim has been brought by Arrow Global who it seems have purchased the non existing debt from M&S Bank and who have registered a default on my Credit file on 17/05/2015 and this has seriously prejudiced my credit score and rating between the months of May and December 2015. How could they be such an irresponsible and negligent lender without studying the facts of the case.

I have since filing the AOS with HM Courts written both to Arrow Global with a CCA request and also to Restons enclosing a CPR and
have not heard back from them despite confirmation that both my letters were delivered into them on 23/02/2016.

I seek the courts assistance in setting this situation right with M&S Financial Services, M&S Bank, Arrow Global and Restons for the
financial conduct that their actions, behaviour and conduct of this account has caused upon me an insurmountable administrative
and time consuming nightmare deploying my time, resources and effort in bringing all the facts to your notice.

I shall await a fuller consideration of the facts and will need full disclosure from all parties involved in this action before you.

cccc