Arrow / restons northamton county court claim

[carlos09]

Hey guys
Received court papers the other day for a arrow global account with was originally mbna.

I keep reading that the creditor should of defaulted me before heading to court is this right ?
Also spoke to restons asking them to stop the judgement and let me continue making payments to them and they said they can't stop it and I just have to go through the courts.

Court papers were white not blue

Any ideas guys ?

Carl

[carlos09]

Re: Arrow / restons northamton county court claim

Hi di. Could you clarify why they could be a issue with arrow having the name on the court papers

Thanks

[carlos09]

Re: Arrow / restons northamton county court claim

Hi Diana

I just read that last post by me and it doesn't sound right
What I meant to say was I copied your last post and placed my answers to your questions in there.

Can't under stand the bit about there name though. What have they done wrong

Carl

[carlos09]

Re: Arrow / restons northamton county court claim

Is the Claimant named as Arrow Global (Guernsey) Ltd on the claim form?
Yes it is
That may cause them a problem if it is.
Why ?
I've not seen your Defence but their email implies that you only pleaded non compliance with your s.78 Request. Did you also raise the issue of a Default Notice and/or anything else?
At the time I asked for a copy of my cca and cpr however restons said that I didn't need that information. I have ask about not having my annual statement but still haven't heard anything on that
Di

Thanks

- - - Updated - - -

I answered the questions in you last msg. Maybe should of done it in a separate colour

[sloane82]

Re: Arrow / restons northamton county court claim

I would get an subject acess request and look into the whole amount, and look into the whole information. Not get a ccj as it is on your credit for 6 years.

[Diana M]

Re: Arrow / restons northamton county court claim

This is the letter

Dear Sir,

Re: Arrow Global Guernsey Limited v. Yourself
Claim Number..............
Original Creditor and Product Type: MBNA - Credit Card

. . . Your Defence to these proceedings was that you were not in receipt of the Credit Agreement.

Is the Claimant named as Arrow Global (Guernsey) Ltd on the claim form?

That may cause them a problem if it is.

I've not seen your Defence but their email implies that you only pleaded non compliance with your s.78 Request. Did you also raise the issue of a Default Notice and/or anything else?

Di

[Diana M]

Re: Arrow / restons northamton county court claim

The best way for me to reply to your latest post is to re-quote my post # 33 since nothing has changed

The claim is currently stayed so you don't have to do anything.

If the Claimant wants to revive it and continue with these proceedings then they'll have to make an application to the court to lift the stay.

It seems their preferred option is to scare you into withdrawing your Defence so that you'll get a CCJ and then they can go for a charging order on your home if you own it.

That's not a very attractive option!

You say Arrow has now sent you a signed credit agreement, but does it have all the prescribed terms and the Ts & Cs that should have been present when you signed it?

Sending you a piece of paper doesn't necessarily mean they've complied with all the statutory stuff.

What about the Default Notice? I assume you asked for that in your CPR 31.14 Request.

If they do continue with these proceedings the court will send you a Directions Questionnaire where you'll be given the option to tick the box for free telephone Mediation if that is appropriate and you want to settle.

Don't let that horrid letter spoil your weekend

[carlos09]

Re: Arrow / restons northamton county court claim

Well Diana. Looks like I'm going to lose this battle. Just had a email from Payplan saying that restons won't allow a Tomlin order as I don't work in the financial sector and the amount I'm offering isn't enough. You can pay what you don't have !

Still haven't received any annual financial statement from them and I'm at a loss as what to do.

Do I just roll over and let them ccj me ?

Just want to say thanks for your time in this matter
Carl

[sloane82]

Re: Arrow / restons northamton county court claim

Well your going to have to wait for the outcome hope you win it.

[Diana M]

Re: Arrow / restons northamton county court claim

have you contacted the financial ombudsman service regarging this?

Why would the OP contact the Ombudsman?

These are ongoing legal proceedings where the court makes the final decision on the outcome not the Ombudsman.

Di

[sloane82]

Re: Arrow / restons northamton county court claim

When did you take the card out and have you contacted the financial ombudsman service regarging this?

[carlos09]

Re: Arrow / restons northamton county court claim

so guys

payplan have come to help and have trying to contact restons but havent had luck..they have left voice mails and emails and had no reply i myself have tried to call today but i cant get through and have left a voice mail..

payplan have given up and passed it back to me.

can i complain about all this?
1...i havent had any annual statements from them
2...they dont return my calls

im at a loss guys and not sleeping very well and its making me feel ill

carl

[carlos09]

Re: Arrow / restons northamton county court claim

Have spoke to Payplan and there going to speak to restons tomorrow. I have been through all my paperwork and I don't seem to have a notice of assignment or any annual statements of account.

[carlos09]

Re: Arrow / restons northamton county court claim

would you not do anything then ?

[MIKE770]

Re: Arrow / restons northamton county court claim

me - would not even hesitate to ignore it, there next move or the court instruction act on when in