Arrows/Restons claimform - old EGG loan 'debt'

[MAY78]

Hi Everyone

 

I received a County court claim from restons solicitors on behalf of Arrow global for an old egg loan.

 

I sent a CPR 31.14 request to restons and a CCA request to Arrow global.

 

I haven't heard from Arrow global yet

 

however Restons solictors have sent a reply refusing to comply with the CPR 31.14 request

stating that i would have been provided with a copy of the contractual terms and conditions at the time the account was opened hence they see no reason why i would now require an additional copy

and also the other documents i have requested are not mentioned in the particulars of claim

and therefore CPR 31.14 (1) does not apply.

 

Should I wait until I hear again from them or should I send another response to them.

 

Many thanks for all your help and advice.

[dx100uk]

re-titled and moved to legals

 

please follow this

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

you'll see from other rectum claimform threads here

that's the std response from them in regards to CPR

 

CCA is the important one that cannot be ignored

 

dx

[MAY78]

Many thanks for your help.

[AndyOrch]

Many thanks for your help.

 

Please read the link MAY and copy and paste the Qs and your responses back here..then we have the history of the claim and debt.

 

Andy

[MAY78]

Name of the Claimant ? Arrow Global limited

 

Date of issue – 19 August 2016

 

What is the claim for –

 

 

1.The claimant claims payment of the overdue balance due from the defendant (s) under a contract between the defendant (s) and Egg dated on or about Nov 23 2006 and assigned to the claimant on Nov 30 2015. Particulars a/c no xxxxxx.

 

Date 28/06/2016 item default balance value £6800

 

post refrl cr nil

What is the value of the claim? £6800

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? loan

When did you enter into the original agreement before or after 2007? nov 2006

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. arrow

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? cant remember

 

Did you receive a Default Notice from the original creditor? i dont think so

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

Why did you cease payments? was made redundant

What was the date of your last payment? october 2011

 

Was there a dispute with the original creditor that remains unresolved? no

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? no

[MAY78]

Thanks Andy for your help and advice

[dx100uk]

have you acknowledged service of the claim on MCOL - defend all?

 

 

dx

Edited September 28, 2016 by Andyorch
Edit

[MAY78]

Yes I acknowledged it and have also made a CCA and CPR 31.14 request.

 

I haven't heard from Arrow yet regarding the CCA request

however Restons declined to honour my request.

 

On the 19th of September I submitted my defence online.

 

I am currently waiting to hear from both Arrow and restons.

I defended on the ground that statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

 

I used a standard template I got online and amended it to reflect my case.

 

I am yet to hear from the claimant.

 

The court has acknowledged the claim.

 

Any information on how to progress will be much appreciated.

 

Thanks once again for all your help. Really appreciate it.

[AndyOrch]

" I used a standard template I got online and amended it to reflect my case"

 

Hopefully from this forum ?

[MAY78]

It wasn't actually. Got it by doing a google search.

[Guest]

what was your defence, post it up. (not an ftl one hopefully!)

[MAY78]

Here is the copy of the defence i used.. hope it isn't too bad. came across this forum after i had submitted the defence.

 

 

1: I received the claim xxxxxxx from the Northampton County Court

dated [inserted date].

 

2: Each and every allegation in the Claimants statement of case is

denied unless specifically admitted in this Defence.

 

3: This claim appears to be for a Loan agreement regulated

under the Consumer Credit Act 1974.

 

4: The Claimants statement of case fails to give adequate

information to enable me to properly assess my position with

regards to the claim.

 

[5. The particulars of claim fail to state when the agreement was

entered into.

 

6. The Claimants statement of case states that the account was

assigned from Egg to Arrow Global Limited on

November 30 2015. The Defendant does not recall receiving notice

of this assignment.

 

7. It is denied that Egg served any Default notice on the

Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant

is required to prove that a compliant Default Notice was served

upon the Defendant.

 

8: On the 8 September 2016 I sent a request for inspection of

documents mentioned in the claimants statement of case under Civil

Procedure Rule 31.14 to Restons Solicitors Limited. I also

requested the Claimant provide copies of the Contract and any

associated terms and conditions applicable to the account.

 

9. Restons Solicitors Limited has not sent any of these documents

to me.

 

10. On the 8 September 2016 I sent a formal request for a copy of

the original agreement to Arrow Global Limited pursuant to

section [77 or 78] of the Consumer Credit Act 1974 along with the

statutory ��1 fee.

 

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)]

Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)]

Consumer Credit Act 1974 cannot enforce the agreement.

 

[12: I have asked the Claimant if we may agree to extend the time

period allowed for filing of my defence pending receipt of

documents (as allowed under CPR 15.5), but they have not yet

responded.

 

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a

money claim, a defendant shall be taken to require that any

allegation relating to the amount of money claimed be proved

unless he expressly admits the allegation. Therefore It is

expected that the Claimant be required to prove the allegation

that the money is owed as claimed.

 

14. I request the court orders the Claimants to provide the

necessary documentation in order for me to fully plead my case

else the Claim should stand struck out.

 

15. In the event that the relevant documents are received from the

Claimants I will then be in a position to amend my defence, and

would ask that the Claimants bear the costs of the amendment.

 

16. It is denied that the Claimant is entitled to the relief as

claimed or at all.

 

Statement of Truth

 

The Defendant believes that the facts stated in this Defence are

true.

Status Summary