Reston's response to my CPR 31.14 Request - please help

[colsal2001]

Hi everyone,

I really would appreciate a little guidance. This is to do with a credit card account. Received Summons from Northampton CC issued by Restons on behalf of Arrow. Have sent Acknowledgement of Service to Northampton confirming my intention to fully defend. Sent letter to Arrow requesting copy of credit agreement under Section 78. They have returned my cheque for £1 stating they do not accept they are the creditor but they are willing to assist in obtaining what has been requested. They are now processing my request for documentation from the creditor and will revert to me in due course. They state that collection activity will be suspended pending provision of the documents. At the same time I sent CPR 31.14 request to Restons. The attached is their response. Can someone please let me know what I need to do in response. Time is ticking and I must submit my Defence by the 3 September. Thank you in advance

[Diana M]

Re: Reston's response to my CPR 31.14 Request - please help

There's no history or background to this claim on the forum (at least not that I can find) but at first sight that letter requires no response.

You must stick to the filing date for your Defence regardless of anything the Claimant says about things being on hold or collections activity suspended. The court sets the timetable for legal proceedings not them.

Can you post more information on the actual claim including the Particulars of Claim (removing any details which could identify you) so it's clear what they are claiming and why they think they have the right to claim it.

Di

[colsal2001]

Re: Reston's response to my CPR 31.14 Request - please help

Hi Di, Thanks so much for your quick response. Claim Form attached herewith. It was back in 2010 I received a letter from a debt collecting company asking for payment. At the time I remember bowing to them because they were contacting me on a phone number which belonged to my partner's brother and I was embarrassed. Although I agreed to give them £10 per month I did ask them for proof of the alleged debt but they ignored me. My last letter to them in September last year asked them again for proof of the debt otherwise I would stop payments. No proof arrived so I stopped payments. I've also been very ill and was diagnosed with kidney cancer in December last year. I'm doing well now, after having the kidney removed. Many thanks

[Diana M]

Re: Reston's response to my CPR 31.14 Request - please help

If this was an Egg credit card opened in 2000 then they may struggle to find the credit agreement and the applicable Ts & Cs since Barclays bought the Egg credit card business in 2011. Whenever a business changes hands there's scope for documentation to get lost.

If they've not complied with your s 77-79 CCA Request by the time you file your Defence which you believe has a deadline of 3rd September (you need to double check that date with someone on the forum since it's 33 days from the claim issue date) then their non compliance with your statutory request is likely to be part of that Defence.

You're heath and well-being are more important than anything else right now too. Good luck with your recovery.

Di

[colsal2001]

Re: Reston's response to my CPR 31.14 Request - please help

Thank you Di and thanks for your good wishes. So I don't need to respond to the letter from Restons? I could just say that I disagree with their stance maybe? Is there a standard Defence on here that I can use when I send my Defence to the Court? which will be based on the fact that I have seen no agreement/contract? Many thanks