URGENT Arrow Global / Restons failure to comply with CPR 31.14 and s.77/78 CCA 1974

[MadMike]

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

 

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.

 

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.

 

© 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;

© 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.

Edited June 12, 2014 by MadMike
Bad set up

[MadMike]

Sorry the formatting went wrong and could not seem to be able to get it to come out correctly, I have now re-posted and it seems OK

Edited June 12, 2014 by MadMike

[MadMike]

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 courticon 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 signatureicon 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

(despite Arrow Global stating in a letter that all payments must be made to Restons).

 

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;

© 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 gave the date when they assigned the account from Arrow Global to Arrow Global

not when it was claimed by Arrow Global to have been assigned to them by Egg.

 

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.

 

My belief is that in relation to the Particulars of Claim that the documents I requested from Restons are mentioned,

and my CPR 31.14 request has not been remotely fulfilled in that :-

 

(a) I have only received the first 2 pages of an agreement, this does not constitute a contract ... so no Contract received

 

(b) that Restons must supply me with a copy of the Deed of Assignment from Egg to Arrow Global

as that is what is inferred in the Particulars of Claim

(I believe they are trying to mislead the Court) ..

. no Deed of Assignment received

 

© as they mention in the Particulars of Claim a Default Balance then the must supply a copy of the Notice of Default ..... not received

 

Observations and comments are welcomed and How should I reply to Restons please ?