Arrows/restons Claimform - MBNA 'debt'

[foxyflugel]

Hi guys

 

 

I am dealing with this on behalf of my sibling.

 

 

She received a court claim from the above.

 

 

I helped her do her AOS and she sent a CPR 31.14 request off to Restons (solicitors) and a CCA request off to AG.

 

 

Replies came and AG stated that they sent the cheque back but would send the agreement blah blah.

 

 

Restons said, basically, that she is not entitled to see the documents and they would neither supply them or give her an extension to her defence deadline. They did not, however, mention the usual - because it will be allocated to the small claims CPR 31 does not apply - they have point blanked refused.

 

 

She sent them an email on Monday pointing out the pre-action protocol and Rubin v whoever (?minds gone blank) case law and they still have failed to reply.

 

 

The defence deadline is 3rd Oct.

 

 

So what should she do? Apply for an 'unless' order or put a defence in highlighting their failure to follow pre-action protocol?

 

 

Thoughts and opinions/experience needed please.

 

 

PS. On the POCs it states, - contract - assigned to AG on or about xxxx date and also states a 'default' balance but nothing about a default notice!!

 

 

Thanks in advance.

 

 

Foxy

[Dotty50]

Hi Foxy, I'm sorry I've got problems with my computer so really struggling to assist, although it's been a while since I've had to deal with a claim.

 

It's such short notice to get help so I would alert someone from the site team urgently and also find andyorch who I'm sure will help if he can.

 

 

I think more history of this will be needed too.

[dx100uk]

that's restons std response to a CPR

you don't have to use the extension

 

 

if you have sent

and they have not complied with

the CCA request

 

 

you file the holding /no paperwork ON TIME regardless

 

 

dx

[foxyflugel]

Thanks for your replies Dotty and dx - I will get the defence done tonight, signed and scan and email it to the court tomorrow.

 

 

Foxy

[dx100uk]

do it via MCOL

 

 

most threads here have the holding/no paperwork' defence

 

 

dx

[Andyorch]

Thanks for your replies Dotty and dx - I will get the defence done tonight, signed and scan and email it to the court tomorrow.

 

 

Foxy

 

Post it here first Foxy for comment.

 

Andy