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Please Help!! Restons & Arrow Global - Court Papers!

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Please Help!! Restons & Arrow Global - Court Papers! Empty Please Help!! Restons & Arrow Global - Court Papers!

Post by FreedomNow on Tue Oct 03, 2017 10:00 pm

Can help me please?!?. Had a credit card under the £7k mark in which the payment defaulted less than 6 years ago. Well, I kept on getting letters from debt collectors saying the debt had been passed to them but I ignored them as it was not the original creditor. After a while, I found that that as the debt collection companies wouldn't hear from me, they would pass the 'alleged' debt owed to them on to other debt collection company; then the letters would be pretty much the same thing... them asking me to contact them so I could sort out some sort of payment plan, etc, etc.

Over the last few weeks I got a letter from Restons Solicitors saying that they were going to take me to court if I didn't respond to them by a certain date. I didn't respond... I got a letter through the post with court papers from Restons Solicitors acting on behalf of Arrow Global Limited.

Here is the action I've taken so far:-

1. Restons Solicitors (acting on behalf of Arrow Global) - I've sent them CPR18 Preliminary Request for further information letter.
Outcome: They sent a letter basically stating my request is unreasonable....
**would screenshot part of the letter but says I'm not allowed to :-(***

- -------------------------------------------------------------------------------------------------- -----

2. Arrow Global - I sent a request for Consumer Credit Act 1974 [sections 77-79].

Outcome: they sent a letter back saying 'they accept they are *NOT* the creditor but will be happy to process in assisting me to get the documents from the original creditor.
------------------------------------------------------------------------------------------------------

3. Court, I've sent my acknowledgement of the service papers.

Outcome: they have sent me confirmation that they received it, but I accidentally submitted the wrong defence with little information. I was very flustered at the time and was trying to call the court for 3 days straight for clarification, but I got no answer... and all the legal jargon wasn't making sense to me online, so It looks like I have already submitted my defence, purely by being flustered and thinking I was running out of time as I knew you had to reply to them within a certain amount of time....

Please help!!, what shall I do next..?

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Post by Jinxer on Tue Oct 03, 2017 11:01 pm

@FreedomNow wrote:
Please help!!, what shall I do next..?
Book a long holiday to Jamaica with the 7k your gonna save.

Jinxer
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Post by Tiggy on Tue Oct 03, 2017 11:13 pm

Ok the first thing to do is write your defence, then write to the Court saying you were completely flustered by the mcol system, misunderstood the legal jargon and in error submitted an incorrect defence and attach the defence you should have submitted asking them to accept it.

Hopefully, they will accept it, if not you'll have to make an application to change your Statement of Case under CPR 17, this would cost £155 or free if on benefits or low income, but try writing to them first.

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Post by Wobbler on Thu Apr 11, 2019 3:24 pm

Hi Tiggy, I had a Restons for credit card debt in 2016, replied to County Court in Northampton, sent the letter you suggested and they gave up. They did send letters saying they thought they'd done enough to find details, etc but nothing that I took very seriously. Recently they said they had transferred the debt to Arrow and changed solicitor ("as the CCBC solicitor is no longer acting") and I wondered if I need to follow this up. Notice of Transfer of Proceedings is 9th April. A bit wobbly but I'm sure I'll deal with it. Do I need to respond on the small claims website again ? Thanks, Wobbler.

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Post by waylander62 on Thu Apr 11, 2019 9:06 pm

not 100% sure what is going on ?

but it looks like they have applied to lift the stay and continue with the claim ?

ignoring letters and things is NOT advisable one of them should have been an application to lift the stay ? did you get a letter from the court saying the stay had been lifted ?

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Post by Wobbler on Thu Apr 11, 2019 11:51 pm

No letter from the court received but no-one told me it had been stayed either...can't log in using previous password although it's the same case number...shall I write to the court ?

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Post by Wobbler on Fri Apr 12, 2019 12:33 am

In 2017 I submitted the defence template that begins -
The Defendant has requested proof of claim from Restons through a
Conduct letter, and denies that monies are owed to the Claimant as
alleged in the Particulars of Claim and does not recognise the
assertion that any debt has been Legally Assigned to the Claimant
and as such the Claimant is put to the strictest of proof,
including but not limited to:
I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974)
etc.
The Court acknowledged, Arrow sent letters saying they couldn't get hold of the stuff and I heard nothing more.

In the summer of last year they sent me
- the 'copy of electronic agreement' with t and c's
- reconstituted statement of the account
but said 'further documentation is still awaited from our client to resolve the issues in dispute' and proposed that I consider making a settlement.

I heard nothing more until this Notice of Transfer of Proceedings. I never throw away letters from debt companies - I have every one filed.

Wobbler
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Post by Wobbler on Fri Apr 12, 2019 12:57 am

Should I send CPR 18 request ?

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Post by Wobbler on Fri Apr 12, 2019 1:10 am

How did they get this to happen without informing me of any procedural changes ?

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Post by waylander62 on Fri Apr 12, 2019 9:18 am

not sure how they have managed to get this claim to continue

you could ask the court ( worth ringing them ) but it has been transferred to your local county court, so you should hear from them soon.

it is worth ringing CBCC though

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Post by Wobbler on Fri Apr 12, 2019 1:46 pm

Thanks Waylander and Tiggy. Will drop a line to CBCC. Can't find any online Court details about this action as yet.

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Post by Mrblue on Fri Apr 12, 2019 2:12 pm

(Just to 'jump in' and advise that Tiggy has long-since left this site, sadly. She was an amazing contributor!).
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Post by Wobbler on Fri Apr 12, 2019 2:39 pm

Thanks so much Waylander and Mrblue and everyone who helps out you are really stars - a phonecall was all it took - the case was stayed for 6 years so they will have to apply to reopen it before the end of that and if they succeed which if it happens will take a long time, I will get mail from the Court to which it has been transferred. Relief.

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Post by waylander62 on Sat Apr 13, 2019 10:21 am

initial panic is over,

if the claim has been stayed for 6 years then it is likely to be over for good.

just in case they continue or try to, you need to get a date of when the claim was actually issued if you dont know then it would be a good idea to find that out. do you still have the initial claim form ?

sounds to me like no application has been made to lift the stay and CCBC for some reason have simply sent it to your local court ?? probably to get rid of it from their own files !!

this will obviously alert the claimant to the fact that this claim is still 'live' so to speak but they will have to do a lot of explaining if they wish to lift the stay after so long !!

but it is worth you preparing ' just in case'

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