Help needed with Restons county court claim

[Monkeyman007]

Help needed, just received a county court claim form Restons solicitors against myself for a credit card debt originally with new day and subsequently sold to arrow global .The debt originates from 2014.After reading numerous posts regarding Restons and there underhand way of running there business any advise would be helpful to assist me in making a decision whether to defend this debt and how to go about defending it, what I have read a starting point would be send a cca request along with a cpr request to Restons would this seem right and if so could someone please point me in the right direction or any templates etc.

many thanks

[charitynjw]

Re: Help needed with Restons county court claim

Hi Monkeyman007, welcome to LB.

First & foremost, acknowledge the court claim asap.
For now, defend in full.
If you live in England/Wales, do not contest jurisdiction.
Do not enter anything in the 'Defence' box.

[charitynjw]

Re: Help needed with Restons county court claim

A little bit of info.
http://www.moneysavingexpert.com/new...unfair-charges

[charitynjw]

Re: Help needed with Restons county court claim

Could you post up (or type verbatim) the Particulars of Claim, the Claimant's name & the claim issue date? (Remove personal identifiers).

[Monkeyman007]

Re: Help needed with Restons county court claim

The claimants name is Arrow Global LImited,
The issue date is the 21/04/2017
The particulars of the claim are

The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Newday Ltd dated on or about Jul 31 2014 and assigned to the claimant on Oct 18 2016

Many thanks

[charitynjw]

Re: Help needed with Restons county court claim

Ok

Acknowledge by 10th May (latest).
Links to CCA request (s78 CCA applies) & CPR 31.14 - http://legalbeagles.info/forums/show...it-Court-Claim
Also send a SAR to Newday - http://legalbeagles.info/forums/show...quest-template

[charitynjw]

Re: Help needed with Restons county court claim

Hmmm

The POC (conveniently?) doesn't mention that the contract is regulated by the Consumer Credit Act.
Or whether a s87 Default Notice was sent.

[Monkeyman007]

Re: Help needed with Restons county court claim

Many thanks

[Monkeyman007]

Re: Help needed with Restons county court claim

The original debt was from a credit card would this agreement be regulated by the consumer credit act ?

[charitynjw]

Re: Help needed with Restons county court claim

The original debt was from a credit card would this agreement be regulated by the consumer credit act ?

Yep!

10 Running-account credit and fixed-sum credit.

(1)

For the purposes of this Act—

(a)

running-account credit is a facility under a [F1consumer] credit agreement whereby the debtor is enabled to receive from time to time (whether in his own person, or by another person) from the creditor or a third party cash, goods and services (or any of them) to an amount or value such that, taking into account payments made by or to the credit of the debtor, the credit limit (if any) is not at any time exceeded;
http://www.legislation.gov.uk/ukpga/1974/39/section/10


14 Credit-token agreements.

(1)

A credit-token is a card, check, voucher, coupon, stamp, form, booklet or other document or thing given to an individual by a person carrying on a consumer credit business, who undertakes—

(a)

that on the production of it (whether or not some other action is also required) he will supply cash, goods and services (or any of them) on credit, or

(b)

that where, on the production of it to a third party (whether or not any other action is also required), the third party supplies cash, goods and services (or any of them), he will pay the third party for them (whether or not deducting any discount or commission), in return for payment to him by the individual.

(2)

A credit-token agreement is a regulated agreement for the provision of credit in connection with the use of a credit-token.

(3)

Without prejudice to the generality of section 9(1), the person who gives to an individual an undertaking falling within subsection (1)(b) shall be taken to provide him with credit drawn on whenever a third party supplies him with cash, goods or services.

(4)

For the purposes of subsection (1), use of an object to operate a machine provided by the person giving the object or a third party shall be treated as the production of the object to him.
http://www.legislation.gov.uk/ukpga/...ion/14/enacted

(4)

[Monkeyman007]

Re: Help needed with Restons county court claim

[QUOTE=charitynjw;725245]Yep!

10 Running-account credit and fixed-sum credit.

(1)

For the purposes of this Act—

(a)

running-account credit is a facility under a [F1consumer] credit agreement whereby the debtor is enabled to receive from time to time (whether in his own person, or by another person) from the creditor or a third party cash, goods and services (or any of them) to an amount or value such that, taking into account payments made by or to the credit of the debtor, the credit limit (if any) is not at any time exceeded;
http://www.legislation.gov.uk/ukpga/1974/39/section/10


14 Credit-token agreements.

(1)

A credit-token is a card, check, voucher, coupon, stamp, form, booklet or other document or thing given to an individual by a person carrying on a consumer credit business, who undertakes—

(a)

that on the production of it (whether or not some other action is also required) he will supply cash, goods and services (or any of them) on credit, or

(b)

that where, on the production of it to a third party (whether or not any other action is also required), the third party supplies cash, goods and services (or any of them), he will pay the third party for them (whether or not deducting any discount or commission), in return for payment to him by the individual.

(2)

A credit-token agreement is a regulated agreement for the provision of credit in connection with the use of a credit-token.

(3)

Without prejudice to the generality of section 9(1), the person who gives to an individual an undertaking falling within subsection (1)(b) shall be taken to provide him with credit drawn on whenever a third party supplies him with cash, goods or services.

(4)

For the purposes of subsection (1), use of an object to operate a machine provided by the person giving the object or a third party shall be treated as the production of the object to him.
http://www.legislation.gov.uk/ukpga/...ion/14/enacted

(4)

Thanks for your replies just a little query regarding the cpr 31.14 request I am about to send to Restons can I include a request for a copy of a default notice and formal demand as these are not mentioned in there statement of case on the claim form .

many thanks


- - - Updated - - -

Thanks for your replies just a little query regarding the cpr 31.14 request I am about to send to Restons can I include a request for a copy of a default notice and formal demand as these are not mentioned in there statement of case on the claim form .

many thanks

[charitynjw]

Re: Help needed with Restons county court claim

-

Thanks for your replies just a little query regarding the cpr 31.14 request I am about to send to Restons can I include a request for a copy of a default notice and formal demand as these are not mentioned in there statement of case on the claim form .

many thanks

I would, if it were me.

Contract.................(.their wording per PoC)
Notice of Assignment
Deed of Assignment
Default Notice.

I'd ask for the kitchen sink as well if I thought I could get away with it!

[Monkeyman007]

Re: Help needed with Restons county court claim

Thank you