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reston solictors and arrow global need some help defence deadline 25th nov


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hi I am pretty new to this and need some advice,

 

 

I have received a court letter from Northampton court, I replied to the court online to defend

claim in full, I am being taken to court by restons solictors on behalf of arrow global, they claim

I own them £742, over last weeks I have sent restons requests for information using your cpr request

letters , so far they have given me nothing , in every letter I have denied any knowledge of this alleged

debt, as I have not a clue what there talking about so far restons have given me nothing , the last letter

they have just sent me under a cpr 18 request, states by restons they fail to see how the information

I requested under a cpr18 is reasonably necessary or proportionate, and how provision of the documents I requested will assist you in preparing your case, they then went onto say on a voluntary

basis we can confirm this debt is owed to shop direct, (littlewoods extra catalogue) opened in oct 2004

and last payment shows on account on march 2008, i am some what mad with restons as how can i defend myself when 1 i have no clue or information for this alleged debt, and they refuse to provide

any documents to prove this, my credit file contains no information, so i am pretty much working blind

and i am sorry i have until the 25th nov to submit my defence, and i lost as what to place as a defence,

and prior to the court paper s turning up i had received no letters , from either global or restons

i would be grateful for any assistance

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Hi, Do I understand correctly that you don't know what the claim is for? Do you remember having a catalogue account and if so was it paid?

 

Have you explained this to Restons?

 

In any event, the deadline for filing your Defence is coming up very soon. If you don't have more information in time you will need to file a Defence stating that you do not know what the debt is for, have not been provided with any documents relating to the debt and that liability is denied ... if you want to post up a draft without personal details people will be happy to comment.

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hi I am pretty new to this and need some advice,

 

 

I have received a court letter from Northampton court, I replied to the court online to defend

claim in full, I am being taken to court by restons solictors on behalf of arrow global, they claim

I own them £742, over last weeks I have sent restons requests for information using your cpr request

letters , so far they have given me nothing , in every letter I have denied any knowledge of this alleged

debt, as I have not a clue what there talking about so far restons have given me nothing , the last letter

they have just sent me under a cpr 18 request, states by restons they fail to see how the information

I requested under a cpr18 is reasonably necessary or proportionate, and how provision of the documents I requested will assist you in preparing your case, they then went onto say on a voluntary

basis we can confirm this debt is owed to shop direct, (littlewoods extra catalogue) opened in oct 2004

and last payment shows on account on march 2008, i am some what mad with restons as how can i defend myself when 1 i have no clue or information for this alleged debt, and they refuse to provide

any documents to prove this, my credit file contains no information, so i am pretty much working blind

and i am sorry i have until the 25th nov to submit my defence, and i lost as what to place as a defence,

and prior to the court paper s turning up i had received no letters , from either global or restons

i would be grateful for any assistance

 

Can you please post the Claimant’s Particularsof claim (POC) thisis his statement of case against you as laid out on the N1 Claim form.

Are you aware if this agreement withthe catalogue from 2004 is regulated bythe CCA 1974 as amended)? In the light of the date of thisagreement, the amendments are irrelevantin your case.

Do you remember purchasing any goodsin 2004 from the Littlewoods catalogue?

The last payment to this account showsthat you made it in March 2008, so, withrespect, you must have some knowledge about this matter and statute barred isnot a Defence that you can rely upon.

Have you made a s.77/78 Requestpursuant to CCA 1974 (as amended), inyour case the amendments are irrelevant. However, id s.61 of CCA 1974 was not complied with, the agreement maywell be unenforceable pursuant to s.123 and the House of Lords judgment handeddown in Wilson v First County Trust thereon.

Have you received a statutory defaultnotice from Littlewoods allowing you 7 days to remedy the breach relied andcomplained on by them?

Have you filed your Acknmowledgementof Service (“AOS”)? If yes, did youstate that you intend to Defend all of the Claim?

Has there been an assignment of the Littlewoodscatalogue agreement? If yes, did you receive a Notice of assignmentpursuant to s.136 of the Law of Property Act 1925 & s.196 from Littlewoods?

If not, are Littlewoods named as the Claimant in thismatter?

Kind regards

The Mould

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If the default was issued after 2006 isn't it 14 days to remedy?

 

If the agreement was made before 2005 they must have a signed document containing the prescribed terms ( from 2005 a digital signature is allowed for online applications).

 

Seems to me restons are being completely unreasonable with the hope you just cave in

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If the default was issued after 2006 isn't it 14 days to remedy?

 

If the agreement was made before 2005 they must have a signed document containing the prescribed terms ( from 2005 a digital signature is allowed for online applications).

 

Seems to me restons are being completely unreasonable with the hope you just cave in

 

 

Yes to your first sentence above.

 

Yes to your second sentence above.

 

Only you know the full facts of this matter. It appears to me that you know what it is about.

 

If you can establish non-compliance with s.127 of CCA 1974 (as this is a 2005 agreement) then you have an argument as regards its enforceability pursuant to House of Lords judgment in Wilson v First County Trust (research this case as the foundation of your Defence).

 

If the default notice served falls under the requirements of the amendments made to CCA 1974, then yes, 14 clear days must be given by the creditor to the debtor to remedy the breach relied upon as stated therein. Do you have a copy of the default notice? If yes, then please post up minus all personal details and we can then establish as to whether or not the same is valid or invalid.

 

Based upon you post above, no disrespect, but you clearly know what this matter is about, for any person reading this thread to conclude otherwise, would be illogical.

 

Kind regards

 

The Mould

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Sorry I know nothing of the account other than what the op said. Opened in 2004 last payment in 2008. I based my facts on that. If it was opened prior to 2005 and yes it was then they need a signed agreement and if there isn't one the claim should fail.

 

Then assuming it was up to date in 2008 the DN would have to give 14 days.

 

The op says they know nothing of the details which I take to mean that they thought the account was clear in 2008.

You were the one who brought up the SB defence although you gave technically correct info on s61 etc.

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hi sorry for late reply, I will post up the poc tonight when I get home, in regards to knowledge of this account, I have never had an account with little woods

or any sort of catolgue account, I have had no letters of defaults, and no letters of assignment from anyone , this has come out of the blue.

I have advised restons in writing I have no knowledge of this alleged debt, and the reason for asking for all the information , they have point blank

refused to give me any information, apart from who its with and the last payment made on the account .

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hi many thanks for post, I have no knowledge of this outstanding debt, I have sent cpr31.14 request , which they replied to, and said they do not see why they

should provide any information under my request, I then sent them a cpr18 request again they replied saying they don't see why they should provide any information

to my cpr18 request, but they will voluntary advise me of the date account was opened and date of last payment, they just gave me the dates, they did not provide

any documents to prove this, in my covering letter to them I have clearly stated I have no knowledge of this alleged debt, and clearly stated I am requesting this

information so as I am able to make a defence of this alleged claim,

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It doesn't sound like they have any documents to back up this claim.

 

They are solicitors and I'm sure they must be in breach of CPR rules if they are refusing to provide a document you have requested and they have it.

 

How exactly have they worded their refusals in their letters?

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this is word for word reply from cpr31.14 request

 

 

we acknowledge receipt of your recent request, made pursuant to cpr31.14

 

 

cpr31.14(1) states

a party may inspect a document mentioned in

(a) a statement of case

(b) a witness statement

© a witness summary;or

(d) an affidavit"

 

 

The agreement is not mentioned in our particulars of the claim and therefore cpr31.14(1) does not apply

 

 

further more the proceedings in this instance were issued via the county court bulk centre, which is a procedure specifically provided for in cpr.

PD 7 (1.4)(3A) states that the requirement in paragraph 7.3 of the practice direction 16 (statements close) for documents to be attached to the

particulars of a contract claims does not apply to claims to be issued by the centre..."

 

 

we trust this clarifies matters.

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response from cpr 18 request , word for word

 

 

arrow global Guernsey ltd v yourself

 

 

we acknowledge receipt of your recent request , made pursuant to part 18 of the civil procedure rules

 

 

as you should be aware, PD 18 (1.2) states

a request should be concise and strictly confined to matters which are reasonably necessarily and proportionate to enable the first party

to prepare his own case or to understand the case he has to meet.

 

 

the list of documents /information you have requested is extensive and we fail to how this is reasonably necessary or proportionate and how

provision of the documents /information will assist you in preparing your case, or understanding the case you have to meet.

 

 

how ever on a voluntary basis we can confirm the account is in relation to an outstanding shop direct little woods extra catalogue account

with account number ................... which was opened on 30 October 2004, our records show the last payment made toward the account

was £40.00 on 28 march 2008

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