Drydens......

Below is the Defence I submitted at 11.30pm on the last day and although probably not ideal, I figured this was better than none at all and would at least, hopefully avoid the default judgement. Particulars..... What is the claim for – 1.The Claim is for the sum of £5984.20 in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNAicon under account number XXXXX under which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3 The balance owed was assigned from MBNA to the claimant and the defendant has been notified by letter of the assignment by letter. Defence 1. The Defendant contends that the particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted and it is accepted insofar that I have once held a contractual relationship with XXXXXXXXX . However I do not recollect the details nor am I aware of any outstanding balance that the Claimant refers to and have therefore sought clarity from the Claimant who have been unable to disclose any further details by way of a Section 78 and CPR 31.14 request. 3. The Defendant is unaware of any legal assignment the Claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925. 4. On receipt of this Claim, the Defendant requested information pertaining to the Claim from XXXXXXXXX Solicitors by way of a CPR 31.14 request. This was posted 1st Class Recorded Delivery on the 25th October 2017 but no compliant response or the information requested has been received to-date. 5. The Defendant also requested information pertaining to this Claim from the Claimant, XXXXXXXXX by way of a Section 78 request. This was posted 1st Class Recorded Delivery on the 25th October 2017 but no compliant response or the information requested has been received to-date. 6. Therefore with the Courts permission the Claimant is put to strict proof to: (a) Show and disclose how the Defendant has entered into an agreement; and (b) Show and disclose how the Claimant has reached the amount claimed for; © Show how the Claimant has the legal right, either under statute or equity to issue a Claim; 7. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. In case there is some relevance, here is a brief summary of those 2 letters received:- The Solicitor letter acknowledges the CPR request dated 25th October and that they are currently in contact with their client regarding the relevant documents. Further states that on receipt of these, they will agree to a 28 day extension re CPR 15.5, in order for me to file my defence.[?] The Claimant letter also acknowledges the CCA request and states - ".....we do not accept we are the creditor as envisaged by the CCA 1974 statute" - but that they willing to assist in obtaining the required documents. Further states they will - ".......suspend collection activity in the meantime....accept for the Court proceedings, which will follow the timeframe set by the Court".

Lost the focus on this one for a number of reasons, but here is the latest timeline update as of today, 21st November. 25th October - Sent CCA and CPR requests by Recorded Delivery 14th November - Found paperwork confirming this claim is NOT Statute Barred. 14th November - The 33rd day following the claim date and 19 days since the CCA/CPR request submitted and as no reply to this, at the very last minute I filed at the MCOL website a CPR r 16.5 (3) defence etc and stating no response to CCA/CPR request - rest of the wording identical to a previous claim as discussed here on CAG. 16th November - Letters received from Claimant and Solicitor acknowledging the CCA/CPR requests. 18th November - Letter received from the Court acknowledging receipt of my defence and that this will now be served on Claimant/Solicitor, with 28 days for them to proceed or this is stayed. Shall I edit and upload these 3 letters? Thanks...

Just to update this thread....a settlement was reached via Mediation last week and so the CCJ was avoided. Another donation made - many thanks.

Okay thanks Andy......but if this had been assigned to someone else, would this have made a difference? I ask because I note the time span between my last payment and the letter of assignments from M.&S. and 1st Credit, is some 12 and 13 months later. Would they normally wait that long without taking action of some kind? Still have mail to sort through covering this 13 month period - I may find something else perhaps.

Yes, it states their client is M. & S. and it is the same account number etc. Letters I have from Rockwell do not actually state it is assigned - says "We have been instructed by M. & S. to contact you regarding the above account which remains unpaid" Subsequent payments were paid direct to Rockwell - assume they were collecting on behalf of M. & S. and thus makes no difference?

Thanks Andy and DX for your much appreciated input and advice on this matter. Before I comment directly on Andy's last post, I'd like to bring the following to your attention. It may make a difference or indeed, no difference at all, but I thought it best to ask anyway. Over the last few days, I've been trawling through some old paperwork and have discovered this account was originally assigned by M. & S. to a company called Rockwell in 2009. So would they have taken back the account from Rockwell some 5 years later and reassigned it to 1st Credit in 2014 - as their paperwork and the very suspect M. & S. letter seems to indicate or, is there something else going on here? Thanks....

On making some calculations, total payment made to the DCA after the balance was transferred to them in October 2007 was £400....which at £25 per month = 16 months and hence the last payment made at that time, would have been February 2009......so more than 8 years ago. As previously mentioned, I was making token payments on some accounts during 2015 and via a pre-paid Card. I don't think this one was included, but today I can call that Bank and order statements for years not available online. Thanks...

Well, that depends on what you consider to be acceptable CCA/CPR paperwork...... In post #32 I did upload a File1 [CCA] and File2[CPR] of documents that I did receive. As you noted in your post #55 above, there is no original default notice only a template. If you could take a look in File2, I would appreciate your opinion on what is supposed to be a copy of the original M.&S. notice of assignment to 1st Credit, letter to me.

AOS now done at MCOL website this morning. CCA Request letter + £1 PO sent today recorded CPR 31.14 Request letter sent today recorded Thanks for the FYI re A. & L. cards and MBNA Seems the other DCA was First Revenue Assurance

Today with this claim I have received an email from the Small Claims Telephone Mediation Services, with a provisional Appointment Time and Date etc. Do you need to know more about this? Anything I need to be doing? Thank you.

That is what I am hoping for but... ...I've found a letter I sent from January 2008, that references this old A.& L. account and increases the £23.19 payment to £25 per month, but it's to a different DCA. I don't recall for how long that lasted - certainly not more than a year or so anyway, I'm still not 100% sure, that this account was not one I was making token payments to in 2015. I don't believe I was....but with this uncertainty, should I first proceed with the CCA Section 78 and CPR31.14 letters anyway and respond to the claim at the MCOL website? Thanks...

Well I called MBNA and they advised the last payment received by them was for £23.19 on the 31st October 2007.

Name of the Claimant - Arrow Global Guernsey Limited Date of issue – 13th October 2017 What is the claim for – 1.The Claim is for the sum of £5984.20 in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account number XXXXX under which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3 The balance owed was assigned from MBNA to the claimant and the defendant has been notified by letter of the assignment by letter. What is the value of the claim? - £6494.20 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? probably around 1999 and originally with Alliance & Leicester. Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. ARROWS Were you aware the account had been assigned – did you receive a Notice of Assignment? I may have done but don't remember for sure. Did you receive a Default Notice from the original creditor? Again possibly, but I don't remember clearly. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year went through a period at a different address and also had a lot of unopened mail...so as before, I can only say these may have been received. Why did you cease payments? The company I worked with at that time, went into Liquidation and my income was then drastically reduced and hence I could not keep up with the payments on my Cards and loan. The situation was impacted further, by a couple of heart attacks and another since. What was the date of your last payment? As far as I'm aware, not since around 2008. I had been making payments to some creditors in 2015, but I don't recall this being one of them. Was there a dispute with the original creditor that remains unresolved? No, I don't recall a dispute with the original creditor. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, first in 2007 to Alliance & Leicester..... this in respect to the specific debt detailed here and also other debts/loans on cards and a bank. This is something I arranged myself with each of them - first stopping all the substantial PPI premiums I was paying on each; requesting the interest to be frozen [agreed] and then paying a percentage of the usual monthly payments, pro rata the size of each debt. Assuming MBNA took the card over from A. & L. at some point, I don't recall having had any communication with them at all. This is a new CC claim I've received from Arrow Global, regarding an old MBNA/Alliance & Leicester credit card. The questionnaire completed below.....as had be requested in another thread I was being helped with. The "claim for" details provided are as written on the claim form. Thank you.

Ah, well that's very encouraging for sure........ On another note, I have now had one more DCA come out of the woodwork after many years. This time from Arrow G, with a claim form dated 13th October. Certainly, I have learnt much from this thread [thank you] but would like if possible, to add this one to CAG as well, because it may be somewhat different. If that is okay, should this second claim be started as new thread? Thanks.