Restons sending defence stage

Hi everyone, nice to see most of the original people have found a new home here. I cannot thank you enough for helping me beat Lowell last year

I am onto a new claim now sad to say with Restons Solicitors and Arrow Global Limited, I am onto the stage of sending my defence via MCOL. The debt is between the 7 and 8 k mark with the added court costs on at present and is for a credit card default.

I have sent a CCA request to Arrow already and sent a CPR 31.14 request to Restons along with a copy of my CCA request. I have since had reply's from both of them which I will attach here for your interest. The defence deadline is drawing closer which is on or around 3rd October if my calculations are correct.

I do still have the original defence I have used before and the situation is pretty much the same, but in my CPR request I only asked for the contract, the deed of assignment and the notice of assignment based around the POC in court claim. I would like to update it though to compliment this as in my understanding we have come to understand more around these claims in recent times. So yeah, any help appreciated once again. I have managed to have one dca back down just before the hearing date, let's see if we can give people extra confidence and go for a second "win" ! Thanks everyone

Any pointers for a good defence ? Would you like to see my CPR 31.14 request ?

What's the original debt for?

Also, a CPR 31.14 technically is only for debts over £10k.

Hey tiggy, it's for a credit card debt. I sent a 31.14 as I was advised to do that over on the leagle beagle forum, this would of been my first port of call with you guys but with the obvious other site forum issues I was over there first.

I knew I should of sent a CPR 18 but I was convinced by them guys to do a 31.14...hope this will still be ok as I have already sent that request.

Anyways, really want to get my defence sorted today/tonight, as I am working all weekend

This was reply on questioning the cpr 18 / 31.14

"As far as i am aware, the correct process is to use Cpr 31.14 .
and you can use it to ask for documents mentioned in the particulars of claim only ( I think if there are other times you can use it but am not exactly sure)

A Cpr 18 request is a whole different ballgame and should not be used as a fishing expedition but can be used to ask specific questions or clarification such as 'On what date was the default notice issued' "

Not sure what was best to do, thanks. I don't really want to talk about the other goings on, on other forums. I get the impression over there they are trying to get you to pay for a solicitor, I might be wrong.

Hi skinnyg

cpr 31.14 for debt over £10,000 , use  cpr18 under £10,000

but DCA,S or the solicitors normally ignore your request anyway ,

in your defence , you should also say , i reject any solicitors and court cost because as i tried to settle before court proceedings , and deem it as a vindictive act ,

solicitors try and pressure you by adding extra solicitor cost , and also like sending you a letter just before court with solicitors and  court cost , to scare you off

Ok, thanks for reply. I was just looking for a nice template I could work to with this, and yes I will add that into the defence

Hi, here is my defence so far :

IN THE COUNTY COURT BUSINESS CENTRE
Case No …..........

Arrow Global Limited – Claimant

Vs

….............. – Defendant

Defence
The Defendant denies monies are owed to the Claimant as alleged in the Particulars of Claim and does not recognize 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) the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any subsequent changes in said Terms & Conditions (referred to as the ‘Regulated Agreement’ within the Particulars of Claim) and show how the Defendant has entered into an agreement.

II. Show how the Claimant has reached the amount claimed by proving a full Statement of the Account referred to, including details of all payments made and calculation of how interest was charged against each item listed, leading to the Alleged Debt of £......

III. Show how and when the agreement was breached and provide notice by way of Notice of Sums in Arrears served by the Original Owners along with a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon the Defendant.

IV. Show how the Claimant has the legal right, either under statute or equity to issue a claim by providing the following:


a) A copy of the Default Notice referred to in the Particulars of Claim and Certified Copies of how this was served upon the Defendant, again as referred to in the Particulars of Claim.

b) As claimant has stated the debt was ‘assigned to the claimant on …. .. 2016' a copy of the Legal Assignment, including, but not limited to a copy of the Deed of Assignment.

c) A copy of how the Defendant was served with the aforementioned Legal Assignment.

d) A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and details of how this was Served upon the Defendant.

e) Details of the costs paid by the Claimant to the Original Owner for the Alleged Assignment of the Agreement on ./../2016 (as referenced in Section 1 of the Particulars of Claim).

V. As per Civil Procedure rules 16.5(4), it is expected that the Claimant prove the allegation (as set out in the Particulars of Claim) that the money is owed.

VI. Also, should any amount be inclusive of interest, the Defendant denies interest is payable in accordance with Section 69 of County Courts Act 1984 and again the Claimant is put to the Strictest of Proof.

VII. I would also like to take this opportunity to remind you under Civil Procedure Rule Part 39 PD 39a (3.3) any documents upon which the claimant intends to rely the ORIGINALS should be brought to any subsequent hearing for examination.

1. On ... …....... 2017 the Claimant submitted a claim to Northampton County Court stating their particulars of claim.

2. I returned the Acknowledgment of Service on …........ 2017

3. On …............. 2017 I wrote to the Claimants Solicitor requesting further information and verification of the alleged debt and of their alleged assignment, as well as request the original documents upon which the claimant intends to rely are brought to any subsequent hearing for examination by reason of the provisions of CPR 39.a (3.3).

4. On ….............. 2017 I wrote to the Claimant to request a copy of the agreement under section 77-79 of the Consumer Credit Act for which my request has been ignored.

5. To date I have not received an acknowledgment of my CPR 39.14 nor does it appear any of the requested documents have been forthcoming even though the letter of request has been signed for as per Royal Mail. I have had no contact with the claimant at any time.

6. The Defendant denies the claim and I have tried to ascertain the validity of the alleged claim. However, the Claimant has failed to answer any of my questions or respond in a reasonable time frame.
I respectfully request the Claimant's claim be Struck Out due to their lack of evidence, or Struck Out with prejudice as the agreement is unenforceable due to a lack of an agreement or production of requested original documents.

Statement of Truth

I believe the facts stated within this defence to be true.

….......... ../09/2017

Thing is if you look at the responses I have received for my CPR request and CCA request attached in top post, I think I should amend the last parts 4 and 5 ??? As I would not say they have been ignored at least not the CCA request, the CPR have pretty much been ignored though.

I have a court case with Arrow/Restons. Had a response from Restons stating they don't need to fully respond to CPR request with info/documemnts as the particulars-of-claim contains sufficient details to understand the claim. The 12 working day period for the CCA request is up today and as yet nothing back from Arrow.

I have filed a similar defence to yours and shall consider further actions given the lack of CCA response. I'll give it a few days as it seems it's 12 working days to send the response, so need to allow for a couple of days for post.

Here's my suggested amendments to 4 & 5

skinnyg wrote:
4. On ….............. 2017 I wrote to the Claimant to request a copy of the agreement under section 77-79 of the Consumer Credit Act for which my request has been ignored.

. . . for which my request, as of [date], has not been satisfied.

skinnyg wrote:
5. To date I have not received an acknowledgment of my CPR 39.14 nor does it appear any of the requested documents have been forthcoming even though the letter of request has been signed for as per Royal Mail. I have had no contact with the claimant at any time.

5. Whilst Restons have acknowledged reciept of my CPR 39.14, as of [date], they have,
a) failed to present any of the requested documents to me.
b) failed to provide any communication to explain their reluctance or inability to present the requested documents to me.

Your a superstar, I will use that for certain. I have not had anything back like that from Restons, I posted the requests on the 12th Sep this month. I have a few more days yet to submit defence, so I guess I will wait for the minute. Did you receive the same response from them as me before you got the response of not accepting your CPR request ? Thanks again !!

Also what about returning the 1 pound postal order, should they be accepting this ?

There are a few points here.

Both CPR 18 & CPR 31.14 requests are specifically excluded from use in the Small Claims Track, but, with the CPR 18 the Court does have the discretion to order the claimant comply with the request, that's not available with the CPR 31.14. Hence why we say use the 18 request over the 31.14 in claims under £10k.

A CPR 31.14 is a Disclosure of Documentation and is LIMITED to only those documents named within the Particulars of Claim, that's why the PoC's are usually so short - they don't want to have to comply with a lengthy list of documents.

A CPR 18 is a request for further information on the overall claim so is NOT limited to the documents named.

These debt purchasers usually only have your account listed on a spreadsheet, so normally have no supporting documents, then try and kid you that they don't need them to support their claim, they DO.

The key document is always the agreement and the request made under the CCA - as long as you've made the request and sent the £1 fee, it's then up to them what they so with the fee, as long as you've made the request with the fee that's all that counts.

Thanks Skinnyg

Here's the reply to CPR18 and copy of CCA request sent to Arow.

Thanks for all your reply's guys. I shall wait probably till Monday or so to submit my defence online as to show I have waited long enough for my documents and gave them a reasonable time frame. I have updated it with "sam66" suggestions so thanks again for that. I will update you all soon, Tiggy thanks again for your concise knowledge. The original opening of this account was towards the end of 2013, so hoping that is not to recent for them to crop up a CCA. I am aware that they tend to knock up their own copy's for these agreements.

Just out of curiosity has anyone have Restons fold before the hearing, just like Lowell did with me before. On a side note with Lowell, I checked my credit report the other day and the Lowell debt is now at 0.00 and has been marked as satisfied just as it would if you had a balance cleared from say a discount. Would you say that this debt has pretty much been buried. I would! The claim is still active though on the MCOL site, I am sure I could probably get that claim removed/dismissed as Lowell are no longer pursuing it, not going to pay for that though!