Thread: Can someone help me with a court summons?

Yesterday I recieved a summons for £3072. The claimant is Arrow Global LLC. This is for a credit card I had with MBNA some years ago. Due to financial difficulties I fell behind with the payments.

The debt was passed to "Debt Clear Recoveries & Investigations". I agreed with them to pay £80 per month.

The debt was then passed to a company called "Credit Solutions". After some negotiation with them they agreed to continue to accept paying the debt off at £80 per month. Everything was fine until I had a letter from Credit Solutions dated 05/03/07 saying that the account had been refered back to MBNA and that the amount outstanding was £1944.47.

On the 13th March I had a letter from "Debt Clear Recoveries & Investigations" (DCRI) saying that MBNA had passed my account to them again and that they now owned the account. However the debt had suddenly increased to £2605.56 (an increase of £661.09 in 8 days!) I sent a letter of to DCRI on 27/03/07 disputing the amount and sent them a copy of the letter from Credit Solutions showing the debt as being £1944.47 only 8 days earlier. I also pointed out to them that both they and Credit Solutions were quoting different account numbers but that in fact I had only ever had one credit card with MBNA. I also stated in the letter that I was happy to continue paying £80 per month once the correct balance was agreed.

I heard nothing further from DCRI until they sent a Notice of Proceedings on 02/10/07 showing a total debt of £2814.27 - another increase!

I again wrote to DCRI explaining that I did now owe the amount they were claiming and that I would defend any court action.

It went quiet again until 22/01/08 when a company called Arrow Global sent me a default notice saying that I owed arears of £373.78 and the total balane was £2917.

On 06/02/08 I received a termination notice.

On 28/02/08 I had a solicitors letter from Eversheds saying i was indebted to Arrow Global in the sum of £2917.

I wrote to Eversheds stating that I had written 2 previous letters (sent recorded delivery) disputing the amount claimed. Also stating I would defend any action.

In a letter dated 16th April (but which arrived 22nd April) Eversheds said they were going to bring a county court Claim and seek an order to register a charge at the Land registry.

I wrote to Eversheds on 22nd April pointing out again that I disputed their claim and that I would defend the Court acion. In the letter I also requested a true copy of the Credit Agreement and a copy of the deed of assignment (based on what I had read in the forum). Also requesting a break down of the balance. I sent a £1 PO.

The County Court Summons arrived 23rd April

Today 25th April I have wriiten to Eversheds with a request for information and copies of all records etc (using the forum template).

I have not responded to the Court Summons yet. I phones the court today and was told the acknowlegement of service needs to be with them by 12th May and the defence by 26th May.

I would be extremely grateful if someone could help me out with how best to defend this claim! I am begining to think I am getting into dep water now.

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HI Amon

Welcome to he Debt Action Group

I am sure someone more experienced than I in these things will be able to help you shortly

The first thing is Dont Panic

There is a wealth of experience on here to help with all situations

I am also a newbie on here but have had great help and advice thus far from other members

The Reason I replied was simply to let you know that help is at hand and you have come to the right place

You are no Longer Alone

I would make the acknowlegement of service online - the defence really depends on the response to your CPR request.

Thanks for the reassurance Iceman.

I am not able to ackowledge service online as no password was given. Apparantly the summons was transferred from another court - something to do with bulk handling I think. I will send of the acknowlegement of service on Monday.

Further to my request for help yesterday, here are the particulars of claim:

"The claim is for the sum of £2917 in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account no XXXXXXXXXXXXX upon which the defendant failed to maintain payments.

"A default notice was served upon the defendant and has not been complied with".

"By virtue of a sale agreement between MBNA and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.

Thank you for any advice that can be offered on this

I am about to send off the Acknowledgement of Service. There is a box that asks if I want to contest jurisdiction. Do I tick this box if I want the case transferred to the Court in my own town? Not sure whether I should tick it or not.

Thanks for your help

Adapt to you own case but this is a defence:

Defence



1. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters:

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant's claim.

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

4. Consequently, it is proving difficult to plead to the particulars as matters stand

5. Further to the case, on 16/04/2008 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action.

6. To Date the claimant has refused my request under the CPR (letter from CL Finance attached) and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested.

7. The courts attention is drawn to the fact that the without disclosure of the requested documentation pursuant to the Civil Procedure Rules I have not yet had the opportunity to asses if the documentation the claimant claims to be relying upon to bring this action even contains the prescribed terms required in Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) which was amended by Consumer Credit (Agreements) (amendment) Regulations 2004 (SI2004/1482). The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--
1. Number of repayments;
2. Amount of repayments;
3. Frequency and timing of repayments;
4. Dates of repayments;
5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

8. The courts attention is drawn to the fact that where an agreement does not have the prescribed terms as stated in point 7 it is not compliant with section 60(1) Consumer Credit Act 1974 and therefore not enforceable by s127 (3). The courts attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced

9. Notwithstanding points 7 and 8, any such agreements must be signed in the prescribed manner by both debtor and creditor. If such a document is not signed by the debtor the document cannot be enforced by way of section 127(3) Consumer Credit Act 1974

10. The claimant is therefore put to strict proof that such a complaint document exists

11. It is neither admitted nor denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant.

12. Notwithstanding point 11, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

13. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

14. Without Disclosure of the relevant requested documentation I am unable to asses if I am indeed liable to the claimant, nor am I able to assess if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974

15. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant's statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

16. Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph 5 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

17. In addition it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced prior to this the Consumer Credit Act 1974 is the relevant act in this case.






Statement of Truth

I, believe the above statement to be true and factual

Signed

Thanks for the defence zazen.warrior. I have 9 days before I have to file it. Should I send it now or wait and see if anything arrives. What happens if they do send the documents?

I would send it now by Special Delivery, as to the second question this is where I run out of steam because I am at the same stage with my own case

I think it is best to deal with things when they occur rather than to anticipate.

You will get help here if that happens.

OK I will send the defence tomorrow. I really appreciate your help with this. I am getting really apprehensive about the whole situation as it draws to a head. However, I am determined to see this through to the end.

Yes I know how you feel but you soon become more blase, the worst that can happen is that the court rules you pay it back at a rate you can afford, how freightening is that on a grand scale of things?

Ok - but the original letter sent by Eversheds said that they were going to request a charging order? The annoying thing is that I had already offered to make payments to them.

Hi,can you scan up the Default Notice
Most of them are invalid, this may help you as well

I don't have access to a scanner - but the default notice has the folowing info:

RE: AGLC, Credit card reference number XXXXXXXXXXXX

We refer to the abpove agreement which has been assigned to us. The payments clause of the agreement provides that you must pay at least the minimum payment each month from your card balance.

You are in breach of that clause because arrears amounting to £373.78 of the monthly payments are now due and outstanding.

To remedy the breach you must pay us the total arrears of £373.78 before 5 February 2008.

If the action required by this notice is taken before the date shown no further emforcement action will be taken in respect of the breach.

If you do not take the action required by this notice before the date shown then the further action set out below may be taken against you or a surety.

Further Action
If the default is not rectified by the date shown above, the agreement will be terminated and we will require immediate payment of the outstanding balance on the account.

The total outstanding balance at the dateb of this default notice is £2917.

If this is not paid we may bring court proceedings againstn you and interest may continue to be charged on the sum until payment.

Right first of all look at the date of the letter, allow a few days for it to get to you, now look at the date you have to remedy it by.

Does that give you 14 days?

Did it come by registered post?

BTW even if you lose, as zazen says as long as you make the payments as per court order they can't take any enforcement action ie. charging order/attachment of earnings/ bailiffs etc.

But youre not going to lose so cheer up

Thanks for your help creditcardmug. The date of the letter is 22nd January and the remedy date is 5 February. That is 14 days exactly, but does not allow time for the Royal Mail to deliver the letter.

I am feeling a lot better this evening after all the help I have had

Ok so by the time you got the letter you couldn't possibly have had 14 days to remedy, that is a defence in itself.

Also there are a number of other ways these Default Notices fall over, to do with Bold print/underlining etc, i will try to find the thread and point you to it, but maybe not tonight (getting tired now).

Just to be clear was claim issued in northampton bulk centre or not?

Thanks creditcardmug. The Summons is from Bradford county court. However when I phoned the court because I couldn't find a password to use the online system, the lady on the phone said that there was no password because it had been transfered from a bulk court (or something to that effect). If is is important I guess I could phone the Bradford Court and ask them?

Thanks for all your help. I am geting tired as well. Your help is REALLY appeciated!