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Urgent Help re Arrow Global / Restons CPR 31.14 non Compliance

MadMike asked:

I am sorry the following is so long but I thought I should give as much information as possible, Restons have been stalling to say the least, I have taken a few days putting this all together and now time is very tight for me to reply to them, I need some feedback quickly please.

In 2005 I borrowed £20k+ from Egg and made all my repayments on time, I had a mutually agreed payment holiday for a short period at the end of 2006.

In 2009 I got into financial difficulties so I telephoned Egg in July to ask if I could arrange lower repayments for the loan and for a couple of credit cards that I had with them. Basically I told them that I could not afford to pay the full amount for the upcoming payments on all 3 accounts and be sure of paying my mortgage, so any arrangement had to be effective immediately.

It was agreed to cut the payments by half with immediate affect, the person that I spoke to said that the “original” payments may be debited as it was short notice and advised me to cancel the direct debits, if any money was drawn down then any payments taken would be reversed immediately. I stipulated that if any payment was debited and not immediately reversed that they would have to cease all and any debits until they came back to me and we could then reach a new lower agreement as I could otherwise be financially embarrassed. This was agreed but I was assured that any debit would be reversed immediately if it happened.

The new payments were due to start in the middle of the August to give me a breathing space but the main payment of over £400 was debited the next day and despite the assurances it was not immediately refunded, having not refunded the money they took 3 weeks later the “new” debits for the credit cards, the refund was made after the next payment had been due, it was actually refunded 6 days after the first of the new payments were taken for the credit cards.

As a result of not having an even remotely quick refund I had cancelled all direct debits to Egg, somehow they got new direct debits set up for the cards but not for the loan. It took many months to get the payments stopped. Egg never came back to me with a revised plan.

Despite this Egg proceeded to request payments for the “outstanding balance” on the loan warning me that they may take action against me and gave a Current balance to pay, which was incorrect. They never issued a Notice of Default. They did send me occasional account statements.

I wrote to Egg requesting a copy of the Contracts at the beginning of September 2009, at the beginning of September they wrote back enclosing a mostly illegible reduced sized copy (presumably from a microfiche) of the Loan Agreement and totally different Terms and Conditions from the original, it was not even remotely similar.

I received a letter from Arrow Global (on Arrow Global headed notepaper) dated 25th June 2011 claiming:- YOUR EGG LOAN HAD BEEN ASSIGNED BY EGG BANKING PLC TO BRITANNICA RECOVERIES S.A.R.L, ACTING IN THE NAME AND ON BEHALF OF ITS COMPARTMENT ARROW (“BRITANNICA-ARROW”). ARROW GLOBAL RECEIVABLES MANAGEMENT LIMITED (“AGRML”) IS THE ACTING AGENT FOR BRITANNICA-ARROW IN RELATION TO THE RECOVERY OF YOUR DEBT. EGG LOAN ACCOUNT NUMBER XXXXX.

NOTICE OF ASSIGNMENT

We advise you that Egg Banking PLC has assigned all of its respective rights, title and interest in respect of the above referenced account (including the right to receive payment of the outstanding balance) to Britannica-Arrow, effective 10 May 2011.

It went on to state that I should address all payments and correspondence to Wescot Credit Services. I duly wrote to Wescot two times asking for a copy of the Contract, they dropped the case. Similar happened with the next four DCA / solicitors over the next 3 years.

In that time:- (a) Arrow Global in December 2011 sent me a more legible reduced sized copy of the Loan Agreement with different Terms and Conditions than Egg had sent, with parts blacked out, still not the original, they must be guessing which one they sent to me in the first place as they do not have the original.
(b) I was offered various levels of reduced payments, even a £25 p/month repayment or less.
(c) I received a letter dated 15th of May 2013 telling me Arrow Global had purchased my account from Arrow Global! :- “Arrow Global is writing to let you know that your account was purchased by Arrow Global Limited from Britannica Recoveries S.a.r.l, acting in the name and on behalf of its compartment Arrow (“Britannica-Arrow”) on 28th February 2013″. This was of course on the same headed notepaper that they were previously using and continued using.

At the time I thought nothing of it, but….****

I received a letter dated March 26 2014 from Restons re Arrow Global saying if I did not pay them £xxxx by April 9 2014 they would issue a County Court Summons.

I immediately wrote back requesting a copy of the Contract and informing them that the debt was disputed, they bounced it back in a letter dated April 01 2014 saying it needed a signature, I added to my typed signature, a digital signature and returned it. Having received nothing from them, I wrote to them again on April 10 2014 again requesting a copy of the Contract.

The next thing I received was a Claim Form from Northampton County Court dated 17 APR 2014 which I received on the 23rd of April.

The Particulars of Claim were:-

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 09/02/2005 and assigned to the Claimant on 28/02/2013 in the sum of £xxxxx

Particulars a/c no:- xxxxxxx
DATE ITEM VALUE
07/03/2014 Default Balance xxxxxxx
Post Refrl Cr NIL
TOTAL xxxxx

I then received one of my letters back again attached to a letter from Restons dated April 25th 2014 again stating that it was unsigned. I wrote back on 2nd May 2014 returning the letter and enclosing in my reply a request for true copy of my credit agreement pursuant to s.77/78 of the Consumer Credit Act 1974 enclosing a cheque for £1.

They wrote back saying they could not process my request as the cheque should be made payable to Arrow Global.

I wrote another letter to Restons on 14th May requesting documents mentioned in the statement of case under CPR 31.14, requesting:- 1. Contract , 2 Default Notice, 3 A copy of the deed of assignment from the Original Creditor. I informed them that I required them in order to file my defence on the 20th May.

I received nothing back by May 20th so I filed an embarrassed defence.

I received a letter from Restons dated May 20 2014 again returning my cheque for £1.

I also received another letter dated May 20 2014 stating:- We acknowledge receipt of your recent request, made pursuant of to CPR 31.14.

CPR 31.14 (1) states:- “A party may inspect documents mentioned in – (a) a statement of case; (b) a witness statement; (c) a witness summary; or (d) an affidavit”

The documents you have requested are not “mentioned” in our Particulars of Claim and therefore CPR 31.14(1) does not apply.

Now to me in the Particulars of Claim they mentioned a Contract between me and Egg, they mention a Default Balance, they mention the assignment to the Claimant BUT give the date when they assigned the account from Arrow Global to Arrow Global ****.

Restons wrote to me again in a letter dated June 02 2014 enclosing the first 2 pages of the Agreement with Egg but no Terms and Conditions, some arrears notices and statements from Egg.

They said that as they have now we have given you further details of your account could you confirm you are willing to withdraw your defence. Please complete the Form N9A and return it by 16 June 2014.

Thanks for reading this far even if you cannot help me.

jay1989 replied:

To be honest this is a bit out of my league.

What EXACTLY did you put in your defence?

MadMike replied:

Thanks for coming back so quickly 🙂

Defence

1. I neither deny or admit to any indebtedness to the claimant.

2. I sent the claimant letters requesting a copy of the Contract on 31/03/2014 and again on 10/04/2014, both by recorded delivery.

3. I sent the claimant a CCA request under section 77/78 of the Consumer Credit Act 1974 requesting a true copy of the credit agreement on 01/05/14 by recorded delivery.

4. I sent the claimant a CPR31.14 request for the Deed of Assignment from Egg, Contract, and Notice of Default relied upon in the Particulars of the Claim on 14/05/14 by recorded delivery.

5. As of 20/05/14 the claimant has not supplied a copy of any of the requested documents mentioned in 2,3,or 4.

6. No notice of Assignment from the Original Lender “Egg” has been received which would prove the Claimants right to bring this action.

7. Without the requested documents I am unable to submit a fully particularised defence and the defendant is embarrassed.

8. i also ask for permission to submit an amended defence if the claimant supplies the requested documents mentioned in 2, 3, and 4.

That’s it

assassin replied:

They have lied to you so check out the law yourself.

Look at the consumer credit act as any refusal to supply an information request deems the action unenforceable and the court has no jurisdiction to act.

Documents must be supplied BEFORE action and their failure to supply them means they cannot proceed.

FatGambit replied:

Technical bullshit, they are trying to wriggle out of giving you the DoA because you asked for it directly, rather than the “documentary evidence of the transfer of ownership/title/whatever refereed to in the Particulars of Claim as “assigned to the Claimant”.

You also I presume, “requested a certified copy of the original “contract” with a signature proporting to be that of the defendant”.
(or whatever you asked for etc.)

I hate this legal bullet dodging, they must think they are so clever.

I hope you’ve filed that defence in the proper “format”, it will get the Judge on side if it is.

willow1 replied:

outta my league too …. i would do a cronological date order of facts letters phone calls etc, to show what you have done and easy to refer to later on aswell.

second … to me your loan and CC are pre-2007 ????

third…. id add in the revised defence that egg took your money and took time to give it back, but with the cronological order it will show this.

no court action can take place during a dispute, so use the court papers to request the info, dont write a ltr as is seen as requesting legal advice from the courts but request the info on the court papers, which it looks like you have done, so id stick with this and state you will need time to submit your defence after receipt of this info is provided and if not provided then ask for claim to be struck out on court papers.

not much help sorry but supporting you otherwise xxxx

MadMike replied:

Thanks for the support willow1 ,

I am doing things by the book, next Monday is the day that Restons must decide what their next move is.

I will keep the site updated with progress 🙂

willow1 replied:

great ill kepp my eye out for it….

i was thinking about it last night and agree with JAY

SHIT CAN BE DONE TO YOU EVEN IN COURT WITHOUT THE CCA, WHICH WE ALREADY KNOW THEY HAVENT GOT, they may have the application but not the agreement so i would smile about that and try not to worry

xx

FatGambit replied:

I assume you meant to write ‘shit cannot be done’.

That only applies if you can convince the Judge that not having the agreement is relevant, some don’t seem to care or realise what the law actually is when presiding cases, and Arrow recently won that case without presenting it, so thy seem to be going after everybody now regardless of whether they have the agreement or not.

It is interesting that they are asking you to withdraw your own defence and not asking the Judge to set it aside….. perhaps that shows that your defence is good.

willow1 replied:

sorry yes i did mean “CANT”

although there is that case, they are also many that have won because of non agreements, id add those cases into the defence to help the judge 😉

lets see with what they come up with monday first, coz you will have time to prepare a reply and will have our help of course

never looked at the defence that way and i agree with you, there must be something in the defence they REALLY dont like so maybe just go through it with a nit comb to try and find out what that little thing maybe and then over focus on that point …..maybe …. just a suggestion on what i would probably do

xx

willow1 replied:

just to confirm then……

1- alleged agreement you and egg

2- egg sold to britanica arrow – acting agents wescot plus 4 other dcas

3- britanica sarl sold to arrow global and restons are acting on behalf of arrow global

what is the claimants name on paperwork??

id look into company names and other names there is a link on the forum somewhere for it

xx

FatGambit replied:

The could just be trying it on in the hope the OP get’s scared and folds but I think maybe there is more to it, otherwise they would just ask the judge to throw it out due to not providing a defence to the claims.

You should see some of the letters they’ve sent me, their arrogance and self belief knows no bounds.

MadMike replied:

Follow up:-

I received a letter from Restons dated June 17th 2014 (received on or about June 20th) stating a copy of the contract had been supplied to me (it still has not been).

They also said that although the Particulars of Claim contain the word “assigned” this does not enable you to view the Deed of Assignment …… with respect it is confidential between the two parties which contains sensitive information, including details of other customers …….

Although the Particulars of Claim contain the word “Default” they do not specifically refer to the Default Notice ……. a copy of the Default Notice has not been retained by Egg.

As you have not withdrawn your Defence ….. we will be making an application to strike out the Defence / for Summary Judgement.

Having not heard anything further from Restons or the Court, I telephoned the Court today and they said that they had received nothing from Restons and the case had been Stayed.

Whilst this it not necessarily final as they can apply to a Judge to lift the stay, it is I think a big step in the right direction.

I am wondering if I should apply for the claim to be struck out with prejudice as they have not responded to the Court in regard to my defence, hence the Claim being Stayed, and they have not got or refuse to supply any of the documents that they are relying on in their Statement of Claim.

Your thoughts and comments are invited 🙂

FatGambit replied:

My preference would indeed be to petition to have the case struck out with prejudice, on the basis of noncompliance with CPR and no realistic chance of success due to no supporting evidence.

How?, I dunno, someone else will know that part.

You could drive a truck through the holes in their argument but unless you have to, IMHO its simply not worth the hassle of doing it, I think to comply with CPR your side you must acknowledge their letter and rebut its contents, but unless someone more qualified tells you otherwise, don’t get drawn into bs tit for tat over specifics.

Assigned, to transfer to another…
Third party is claiming benefit of assignment but refuses to prove assignment exists…..

Default, the ommision or failure to fulfil a duty….
You should look up what it says in the CCA about dealing with defaults, and how the client is supported to be notified…

But I’m pretty dam sure no judge in the land is going to issue a judgement with such amateurish discrepancies in a claimants case. Well done on standing up to them.

You need to get something done quickly as what they are now hoping is to have your defence struck out and obtain a summary judgement as a result, it is literally the only way they can win, kill their case first before they kill your defence.

FatGambit replied:

Has it really taken the post office 3 weeks to deliver that letter?

Another dodgy tactic employed to mislead you, make sure you keep the envelope in case you need to talk to a judge about it.

waylander62 replied:

this is not an easy one, but i think you have them on the back foot.

i think you should try and get the claim struck out with prejudice:

to have the best effect it is best done using official court documents which may cost you 🙁

this is a bit out of my league too, but imo, i think you should file an ‘unless order’ which is basically asking the court to order the claim be struck out with prejudice unless the claimant provide x,y and Z pursuant to CCA and a,b and c pursuant to CPR31

you can then break down that letter and use it as evidence rebut you have received any enforceable agreement and state that they admit they have no default notice and their refusal to provide other docs.

the court should then order them to ‘produce’ within a certain time period or strike the claim out.

use any and or all evidence they have not followed protocol or CPR rules, also they have not responded to your defence etc etc.

keep it simple stick to the facts and dont bore the judge with trivial details.

just my opinion