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

[Desperate Daniella]

They are appalling.

 

You don't have to give them your previous addresses but it would probably help clear things up faster if you did. The judge may ask you about previous addresses anyway.

 

As you say, they obviously couldn't have sent any correspondence/notices to your current address before they started Court action.

 

As far as the default is concerned they probably decided to put it on after Restons told them wrongly that you were the debtor they were looking for.

 

I hope when this is all sorted out you will put in a complaint about Restons to the SRA. Their behaviour has been disgraceful.

[Desperate Daniella]

also no replies from littlewood/shop direct. in regards to the e-mails i sent ,

 

If you are someone who likes publicity when this is all resolved you could see if a newspaper is interested in your story, or Watchdog.

 

Restons' sloppiness in checking your identity properly and their subsequent behaviour in refusing to provide this alleged agreement really needs to be publicised, as well as Shop Direct not taking immediate action.

[big1636]

hi, totally agree with you about restons , i have tried everything to get information to resolve this, and brick walls have been placed in my way to prevent this,

i will be interested to hear mould view on the letter received saying they cant comply to sra request, and i assume i will receive same letter for cca request also

sent to arrow, i am also pretty sure that they also before going to court do they not have to prove that they have the correct person, also wont the paper

work they submitted to the court, or supposed paper work be incorrect,

[Desperate Daniella]

I'm hoping they'll get severely ticked off by the judge for this.

 

If they produce any paperwork showing that they sent correspondence/notices to another address it will prove that issuing the Claim to your address was a major **** up on their part.

 

Unless they are completely stupid they should be getting a slight inkling by now that they have made a huge mistake. If you were the debtor they are after you would have hardly have been going for a set aside. They have no agreement relating to you and they know that.

 

The so-called Executive Team at Shop Direct have also proved themselves to be pretty useless so far by ignoring the urgency of the situation.

 

When I have got a result by contacting the CEO's office it's because I've had a phone number and got straight through to a PA who has listened to what I have said and taken immediate action, and been very nice too. The problem this time is that you have had to use emails. However, at some point they should be contacting Restons for a explanation if they haven't already done so.

[big1636]

well i am hoping i will get a reply to the email i re sent to chief ex by Monday, i am not at this time not going to reply to arrow with any details, i don't see why i need to provide

them any information, when its them taking me to court, or taken me to court,

[slick132]

Hi Big,

 

You're right to focus on dealing with the courts to have this put right.

 

The CEO's office is not compelled to respond or assist in any way. If they choose to investigate the matter, that may be useful to you but you can't rely on this.

 

I'd write back to Arrow giving them your addresses over the past 5 to 10 years and say you assume they'll be able to identify you, considering they have taken court action against you for an alleged debt. Get a reply to the SAR if you can. You never know what it may turn up and, if they confirm they have nothing about you, that may be useful in itself.

 

I hope that, in time, Restons will be held to a/c although it may transpire that Arrow were at fault in the main. In any event, you can seek compensation for your time and costs in dealing with this matter.

 

[big1636]

hi slick, many thanks for the information, will update all , when I receive some further information, I am expecting back a letter from restons as I sent them another cpr request to them

last week, as mould suggested , will advise what happens

[The Mould]

hi slick, many thanks for the information, will update all , when I receive some further information, I am expecting back a letter from restons as I sent them another cpr request to them

last week, as mould suggested , will advise what happens

 

All you can do now is wait for directions/general form of order or judgement from the Court.

 

Post up any letter that you receive from Restons - minus personal details of course.

 

Kind regards

 

The Mould

[big1636]

thanks mould, will do,

[The Mould]

The info posted by slick 132 is quite right and you should not ignore the same. Do all that you can using legislation to defeat this matter based upon the circumstances of the same and any failure of the Claimant to comply with the relevant legislation and the conditions imposed upon him thereunder.

 

Kind regards

 

The Mould

[big1636]

ok mould , so I should reply to arrow when they advised they cant comply as they don't have any records in my name at my current address for which the court papers are issued,

how far should I go back, I assume to time when they advised I took this alleged account out,

[MandM]

ok mould , so I should reply to arrow when they advised they cant comply as they don't have any records in my name at my current address for which the court papers are issued,

how far should I go back, I assume to time when they advised I took this alleged account out,

 

DSAR should give you a copy of ALL info they have on record for you regardless of how far it goes back

 

M

[big1636]

in regards to SAR I sent them they just advised they could not comply, as they had nothing with my name on at the current address, so should I just reply to them

giving them last addresses ,

[MandM]

I'd say yes if the account period that you are looking for coincides with your time spent living at a previous address.

 

As your post #161. Now I've read it again properly

[big1636]

hi Daniella,

could you have a read of the below response from littlewoods, and I could with some help on a worded response,

 

 

Dear

 

Further to your email addressed to Alexander Baldock, concerning the County Court Judgement you have received concerning the Littlewoods account. Please accept my apologies for the inconvenience this has caused.

 

As a member of Alexander's team I have been asked to investigate your complaint and report back with my findings. In the intervening time, if you wish to contact me regarding this matter, do not hesitate to call me on the number stated below. Alternatively, if you would like me to contact you, just simply send me an email clarifying your contact details and a convenient time.

 

Kindest regards

 

Executive Complaint Handler

 

[Desperate Daniella]

Finally!!!

 

Of course I'll help with this.

 

What fee did you pay for the set aside?

[big1636]

hi, I paid the court £80 to have set aside ,

[Desperate Daniella]

Thank you.

 

 

 

Dear

 

Thank you for your email.

 

Since first emailing Mr Baldock I have applied to the Court to have the Judgment set aside incurring fees of £80. I am waiting to hear from the Court.

 

I have also written again to Restons asking for information about this alleged debt but have received no response.

 

I did however receive a reply from Arrow Global in response to my Subject Access Request in which they state that they have no records or paperwork relating to my current address.

 

I received no correspondence relating to this alleged debt from either Arrow Global or Restons before they issued proceedings against me.

 

I shall look forward to hearing the results of your investigation. I believe that this situation has occurred because Restons have wrongly identified me as the debtor they are seeking because they made insufficient checks before issuing proceedings. If they had followed the Pre-Action Protocols stipulated in the Civil Procedure Rules and written a Letter Before Claim to me at my address, as shown correctly on the claim form, it would have been possible for this error to have been discovered before they issued their claim. It would still have been possible for them to respond to my letters and requests before they sought judgment; instead they just ignored me.

 

This situation has caused great distress to myself and my wife. We cannot believe that Restons have repeatedly refused to provide information which would resolve the matter.

 

I will hope to hear from you as soon as possible. Obviously it would be best for Restons to contact the Court and admit that they have made a mistake.

 

Yours sincerely,

[AndyOrch]

I will hope to hear from you as soon as possible. Obviously it would be best for Restons to contact the Court and admit that they have made a mistake.

 

It is requested that you inform your Litigation dept to inform the Court and issue a Consent to set a side and also a Notice of Discontinuance of this claim to save further costs and Court time.

 

I look forward to your response at your earliest convenience.

 

Just a suggestion DD.

 

Andy

[Desperate Daniella]

Even better, Andy.

[Desperate Daniella]

And let's hope we don't have to remind them that they need to refund the £80 at the very least.

 

Can Big get any further costs?

[big1636]

thanks all, will send the reply and add andys comments, your guys and girls are superb, thanks

[Desperate Daniella]

Thank you.

[AndyOrch]

And let's hope we don't have to remind them that they need to refund the £80 at the very least.

 

Can Big get any further costs?

 

Hence the suggestion of the NoD:wink:

[Desperate Daniella]

Oh you are brill!