arrow court claim for ONE of 2 joint card holders only

[knights templar]

hi,

This is the first time of joining the forum ,I find it very intresting and should have joined a long time ago but never mind !!!!.

 

A credit card -MBNA was issued in the name of both my estranged wife me as the second user but the card was used by me,

 

there was default on the repayments ,

an arrangement was made to pay a reduced sum,

but the debt was eventually sold to a third party Arrow Global Ltd .

 

Payments are up to date on the payment arrangements made with MBNA,

but Arrow Global Ltd has decided to go to court through Eversheds to establish that the debt is soly

in my estranged wife name although we both signed the application form

but I have maintained payments since on card until the default.

 

What is your response to this court action and please is it possible to write to you direct as I am desperate for guidelines

[42man]

Hi Knights.....I will move this to the legal issues forum where you should get some more help and advice.....

 

What stage are you at with this ? Have you received a county court claim form ? Can you tell us what the Particulars of Claim are (but don't be too specific).....

[knights templar]

Hi 42man. I just sent a messge to you regarding comuser debt problem,I forgot to state that , my estranged wife has liability for the debt because, Iused the card. Arrow-Global-Ltd wants mywife to accpt because she was suppose to have her name asthe lead on the contract but there was no contract.

 

Any coments

 

knights Templar

[42man]

What stage are you at ? Have they issued a court claim ?

[knights templar]

Hi-42man,

 

Arrow-Gobal ltd through their solicitors -Eversheds have issed a claim for the sum involved. I need o contest this claim at the county court, because procedurely I think they are wrong.

Can you offer any assistance ? The case comes up in November 17th 2008.

 

knights Templar

[knights templar]

Hi 42man, my estranged wife have disputed liability and the amount quoted , we have requested for details statements from MBNA but have not received a response . Imay to write again to mbna or Arrow-Global for the account details before cc hearing.

Any advice on my next move

 

knights Templar

[42man]

I would send this out IMMEDIATELY by recorded delivery to the opposing solicitors....get them to reveal all their paperwork !!!

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment

 

3 the default notice

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

 

You might even be interested in this thread as it is Eversheds...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/162101-eversheds-county-court-paperwork.html

[knights templar]

Hi 42 Man,

You are great I love this !!!!, Now I have gone through the documents submitted to Court by Evesheds ,this denotes application notice,a witness statement by a solicitor of Eversheds a copy of exhibit of an application form and a copy of a credit card agreement regulated by the comnsumer Act 1974 which both us did not sign, a copy of a letter by MBNA to Arrow Global telling them that the debt have been assigned to them.

My estranged wife has refused liability because she never used the card and allso by doing so have disputed the amount quoted by MBNA and Arrow-Global-Ltd. I will send the send acopy of your letter Right now !!! and await the response. In the meantime , I am attempting to respond to the witness statement of their solicitor but would need some advice from time to time. Do you think it would a good idea to state in the witness statement that we never signed the Consumer Credit and that we only completted an app:)lication for that purpose in the statement. ithink this going to be fun

 

nights Templar

[42man]

With no signatures on the agreements, they are stuffed.....despite statements, and all else...an unexecuted agreement in not worth the paper it is written on if that is all they have !!!

[42man]

I would state that you deny all knowledge of the debt and request them to provide a full portfolio of paperwork including, notice of assignments, default notices which must be correct, statements, and a copy of an executed agreement that contains the prescribed terms... !!!

 

When is the deadline for your defence ? Do we have any time left ? You normally get 14 days on the date of the claim to acknowledge, then a further 14+3 days to file a defence....

[knights templar]

Hi 42man, This is brilliant !!!, the Court case is scheduled for the 17/11/08 at lambeth court after proceedings were postponed 11/10/08 because Eversheds solicitors failed to appear in court on the 16/07/08-reasons given in the disposition to the court was that non rreipt of court summons and also adminitratve failure at Eversheds. The Court granted case to reinstated this is why the case is comming to court, but this time I need to be prepared to take them on and contest this case properly. I would assume that acknolegement of the case have been sent to the court during the first hear in july 2008,when Eversheds did not turn to up in court. intend to send my witness statemant to court by 20/10/08.Do thik this the right or Ishould wait for response from Eversheds/Arrow Global regarding the IMMEDIAte leter to sent to day.

 

Good Job,Ithink Ineed to sort somting out in terms of donation as sson as possoble !!!!

 

Knights Templar

[42man]

Can I ask if you can scan / photo the witness statement and post it up here (minus the personal details reference numbers, amounts etc).....use Image hosting, free photo sharing & video sharing at Photobucket (free). I know if it was me I wouldn't fill in the witness statement until the very last moment/just before the deadline (i'm not hugely clued up on witness statements so another cagger may add to this).....

[42man]

But the first priority is to send out the CPR letter ASAP...

[42man]

And spend some time reading through these forums too including the Legal Successes forums - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

[knights templar]

Hi 4man, thanks for your advice, it is friday, I am attempting to get the letter out by today but will get you details of the solicitors witness statement as soon as possible for your comments. I wiil also seek to read all the cases that you refer to your message this weekend.

 

I will get in touch again rest assured and thanks for your help

 

Be Good

 

Knights Templar

[goonerhenry]

im too having a problem with mbna/arrow/eversheds, i would make sure you dont sign the letter and sent it recorded, this way they wont have a copy of your signature to which they can add to an agreement also you will have a definate date that they receive the letter

[knights templar]

Hi Gooerhenry,

 

Very kind for your piece of advice , I agree you cannot be too careful with these 'leeches' !!!!!!!

 

Have a nice weekend

 

Knights Templar

[42man]

Please ask your questions in here Knights....I'm not too sure of the answer to your question....you might like to PM one of the more experienced legal guys on here such as PT2537, Palomino or SurfaceagentX20

[42man]

If they have failed to send the CCA then send them this - you have made more than a reasonable attempt to get them to send it to you...keep the letters and recorded delivery slips safe -

 

Send by recorded....and edit as required

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully