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snowdog

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Everything posted by snowdog

  1. snowdog
    Thanks for your usual prompt response Andy. I'll update here as soon as I hear anything. Is there anything I should be doing in the meantime?
  2. snowdog
    Now that ARROW have won the other similar claim to this one, https://www.consumeractiongroup.co.uk/topic/396128-arrowshoosmiths-re-old-mbna-ccard-accountclaim-2/ which I defended at the same time in Summer of 2016, I'm wondering if they are now likely to unstay this one and bring it to court in the same manner? I have not received any hearing date for this claim as yet, but I've just checked the MCOL website and it has been updated to 'Your claim was transferred to MIDDLESBROUGH on 19/02/2019' I'm now wondering if I might be better to contact ARROW before this happens to make an offer of settlement before I have to pay further costs if I were to lose again? I know Andyorch is aware of this second claim, just bringing to the fore for any updates. Thanks
  3. snowdog
    Thanks for the response Andy, The default notice from IDEM showed the IDEM new account number only. This new IDEM number was also on the letter of assignment from MBNA which showed both account numbers and this was produced in the claim by ARROW and included in their witness statement. The Judge showed that the relevant Need for default notice ruling stated that it could be issued by the original creditor or by the subsequent purchaser/assignee of the debt (after being pointed towards it by the Arrow representative in the hearing) I have not been able to find the relevant information about this online myself since, but I also did not have the knowledge or tools at the time to argue the point with 'the experts'. If you can find the ruling, I'd be interested to read it (albeit too late now) ** One further important question if I may please Andy - If you recall, this was one of two claims against me made by Arrow, both for old MBNA cards assigned to IDEM then eventually ending up at ARROW. I defended them both in the same way through MCOL in summer of 2016 and to date, I haven't had a hearing date about the other claim. Now that they have won this one, are they likely to bring the other one to court in the same manner? If so, I'm wondering if I might be better to contact ARROW before this happens to make an offer of settlement before I have to pay further costs. The other claim is at https://www.consumeractiongroup.co.uk/topic/396124-arrowshoosmiths-re-old-mbna-ccard-accountclaim-1/ Thanks again
  4. snowdog
    Hello again, I'll update you with the outcome of Friday's hearing and a little scenario for anyone who has to go through the same type of situation. I arrived for the hearing with copies of all relevant documentation, witness statements etc. On arrival at the designated hearing room reception, an advocate representing the claimant, Arrow Global, introduced himself to me and asked if there was anything that I needed help with or wanted to ask before the hearing commenced. He explained what would happen in the hearing with the judge. As he was working for the claimant, I said very little other than to say I appreciated the offer and advice. We were called to the hearing room and the Judge said he had read both witness statements and gave us both the opportunity to comment. The claimant then covered the points basically covered in their witness statement. I then did the same, pointing out my objections and the reasons (no default notice from original creditor, illegible terms and conditions, delay in claimants administration etc). The judge then made a statement to say that he very much disliked the way large financial organisations sold off these debts at reduced costs simply because they couldn't be bothered to administer them themselves and that he would like nothing more than to kick all these type of claims out as it wasted a great deal of court time - HOWEVER, because there was a signed agreement, even with barely legible terms and all necessary paperwork including letters of assignment and default notice showing my address (which I have lived at for 30 years), he decided that the claimant does have a valid claim and that I would have no reasonable chance of winning at trial. I then asked if I could comment further and he agreed. I stated that had MBNA not sold the debt and my agreed reduced payments which I was still making to them at the time of assignment had been continued, the debt would have been paid in full within 2-3 years. I also stated that because the default notice was not issued from the original creditor (MBNA), I was of the opinion that this was not legally binding and that I would have a chance of succeeding at trial. The Judge seemed a little startled by this and said 'Actually, I believe that you may have a valid point here and proceeded to check whichever CPR or whatever rule applied on his computer. At the same time, the claimant's advocate started frantically searching on his tablet for the relevant information. After a few minutes, the claimant's advocate pointed the Judge in the direction of a rule on default notices (unfortunately, I do not remember the applicable reference number) which stated that a default notice could be issued by the original creditor, or anyone who subsequently purchased or was assigned the debt. After checking this himself, the Judge then stated that in light of this, his original decision would stand and awarded in favour of the claimant. The claimant requested the original debt amount plus costs amounting to around £500. The judge stated that he would not award full costs as, had this gone through the small claims procedure, the costs would have been much less. He did however award the court and solicitor costs of around £225 to the claimant. So, it has been an experience, a very stressful one, but without the help of some great people here, I would have had no clue. With hindsight, I would have been better to make an offer to the claimant and would have most likely ended paying much less. My final question and request for advice is, would I be better paying the amount in full within the 28 days if I am able, to avoid a judgement against me which would stay on my file for six years, or should I pay the £50 monthly for 3 years as suggested by the judge and accepted by the claimant's representative? I doubt whether the claimant would accept an offer of a reduced full and final settlement having won the case. I hope this update has proved useful and helpful. Thanks.
  5. snowdog
    Thanks very much for your help and prompt response Andy, I've been struggling with 14 hour shifts recently zzz. I've based my statement loosely on the one above and obviously adapted it to suit. When I finally found time to go through their 80 pages of documentation, I found a few errors on dates and amounts so I highlighted these in my statement. I'm happy with it but would have liked one of you guys to cast an expert eye over it first, but I need to get it off tomorrow and as it's almost 3am now I've had to take a chance. I've of course sent it to the court and sent a copy to the claimant. Will I hear something back in writing from someone before the hearing date of 08/03/19 and if not, do I just go to the hearing anyway? Not at all sure how these things work, but I'm a lot more knowledgeable thanks to this site! Many thanks once again.
  6. snowdog
    Hearing date has been set for 8/03/19 so I need to get my witness statement in pronto. I've been searching CAG for Summary judgement witness statement but I can't seem to find anything appropriate to work off and I'm not even sure which points I should be objecting to. Is the default notice from Idem and not from MBNA the only objection I can make here? I'm not the best at these things and I'm going to struggle I fear.
  7. snowdog
    So can I use this in my defence witness statement? Surely the court would know this too?
  8. snowdog
    Thank you for sorting pdf dx, I tried my best and thought that I’d hidden everything doh! Could Idem be trying to issue DN on the basis that they received one ‘payment’ of £50 from me - because if so, that was actually my last payment to mbna which they transferred themselves to Idem in Nov 2012?
  9. snowdog
    Thank you Andy, I’ll have a look about. I have a couple of 14 hour night shifts to grind through zzz
  10. snowdog
    Thanks Andy. What sort of lines should my witness statement take. What are my possible grounds for objection? Are there any examples that I could follow as I’m not the greatest at the legal stuff? Thanks
  11. snowdog
    Hi Andy, nothing regarding a hearing date yet, just today received a copy of above papers from the Middlesbrough court. Thanks
  12. snowdog
    .. SJ docs.pdf
  13. snowdog
    Hi again, Not being the most tech savvy guy, it's taken me 12 hours over the last two days to scan, redact, convert the files to pdf, save as one document and then compress following your comprehensive upload instructions above. The pdf however still runs to 61 pages after removing all but the latest statements and measures 18mb after compression. I just wanted to check that this is ok to upload now or do I need to adjust anything? Many thanks
  14. snowdog
    Thank you dx, I'll get this done tomorrow. Much appreciated.
  15. snowdog
    I think I see what you're getting at dx - the documents I uploaded on the other topic https://www.consumeractiongroup.co.uk/forum/showthread.php?468970-Arrow-Shoosmiths-re-old-MBNA-c-card-account-Claim-1 are correct relating to that account. As far as I can recall, this is the first time that I have seen terms relating to this particular account
  16. snowdog
    Hi dx, No the docs they have provided purely relate to this claim. I have had no further contact or letters regarding my other claim https://www.consumeractiongroup.co.uk/forum/showthread.php?468970-Arrow-Shoosmiths-re-old-MBNA-c-card-account-Claim-1 since the defence was filed over two years ago. They are two different cards/accounts but both with MBNA and both assigned to Idem at around the same time. I was advised to start a separate topic for each claim on here. Maybe Arrow are testing the water with this one before proceeding with the other?
  17. snowdog
    An update - Over the last year, I've had maybe three further letters from Arrow offering a discount or installment option to help 'facilitate settlement' I did not contact them in any way. On 16/11/2018 I have received a large envelope from Arrow running to around 80 pages. The opening letter states - We write regarding the above matter. Please find enclosed a copy of our notice of change of solicitor, a copy of which has been sent to the court. As we have not yet received your proposals for payment of the account, we have lodged an application with the Court for summary judgement. You will receive a copy of the application together with a notice of hearing in due course. Should you have any queries in the meantime we remain available on the number below.... There is their notice of change of legal representative stating that Shoosmiths have ceased to act for them and that Arrows in house Litigation Executive, Hannah Rainbow will now be acting in person on this claim. Then there is a copy of an Application notice seeking an order for the stay on proceedings to be lifted, and for summary judgement pursuant to CPR 24.2(a) (ii) and (b) and/or an order striking out the defendant's defence pursuant to CPR r3.4 (2) (a) The claimant pleads that the defendant's statement of case discloses no reasonable grounds for defending the claim. The claimant further pleads that the defendant has no real prospect of successfully defending the claim. The claimant draws the defendant's attention to the CPR 24.5 (1) (a) and (b) which states that if the defendant wishes to rely on written evidence at the hearing, he must file the written evidence, and serve copies on every other party to the application at least 7 days before the summary judgement hearing. Also attached are 80 or so pages which comprise of their representative's witness statement and what they have titled exhibits HR01 to HR10 which are copies of letters from themselves, Idem and Capquest to me including notice of assignment, statements of last payments made to the account (November 2012), the signed MBNA agreement from 2001 and a 'reconstituted copy of the terms and conditions' all of which I believe I have previously uploaded copies of on here. Today, I checked the MCOL site which had previously stated - Your defence was received on 06/09/2016 and it has today been updated to - Your claim was transferred to MIDDLESBROUGH on 19/11/2018 This was one claim out of two I have with the same company at the same time on this forum but I am yet to hear anything further about the other claim? https://www.consumeractiongroup.co.uk/forum/showthread.php?468970-Arrow-Shoosmiths-re-old-MBNA-c-card-account-Claim-1 If anyone could be kind enough to advise me on what this means and what will happen next and a likely rough timescale of things, I would be very grateful. Also is there anything further I need to do at this time? Many thanks as always
  18. snowdog
    Just wanting to check - I've heard nothing from anyone (Arrow, Shoosmiths or Court) since October. Do I just try and forget about it? In your experience, is it likely to raise its head again? Will they be searching for more documentation? I know I shouldn't worry but I do! Happy New Year to everyone and thanks again.
  19. snowdog
    Just wanting to check - I've heard nothing from anyone (Arrow, Shoosmiths or Court) since October. Do I just try and forget about it? In your experience, is it likely to raise its head again? Will they be searching for more documentation? I know I shouldn't worry but I do! Happy New Year to everyone and thanks again.
  20. snowdog
    Thank you again dx. Using your upload guide, I think I've sorted it. Can you kindly get rid of my previous failed posts? CCA return.pdf
  21. snowdog
    Just a quick update - today I received a letter direct from MBNA, I assume as a result of my CCA request to Arrow? - Dear Mr.... A/C No xxxx Enclosed you'll find your current MBNA Credit Card terms and conditions - we've sent these to you either because you requested a copy, or you've added your card to a mobile device. We hope you continue to enjoy the benefits of your credit card account.... Attached is then seven pages of a CCA regulated by the Consumer Credit Act 1974 Anything I need to do or be concerned about? Also, it's now over 33 days since my defence was filed (nothing showing since then on MCOL), do I just wait to see if they have taken further action? If they haven't or don't, does the 'stayed' position just hang around forever and could it maybe be reinstated at any time and does it still affect my credit rating? Thank you again!
  22. snowdog
    Thanks for the quick reply dx. Excuse my ignorance in these matters but what does stayed actually mean? Would they have to submit a new claim if they wanted to reinstate it? What happens to the court/legal fees when it's stayed? Thanks again
  23. snowdog
    Latest update - today (four weeks after the CCA request was signed for) I received a letter from Arrow and my £1 p.o. returned to me. It would appear to be a standard template type letter that Arrow are currently sending out looking at other similar threads :- DATE 28th September 2016 We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course. We confirm that all collection activity will be suspended pending provision of the documentation. We return your payment of £1.00 A couple of questions please - Am I right in assuming that they had 12+2 to reply and it has been four weeks so does this affect anything legally? It's around 24 days since my defence was filed so what would probably be the next thing to happen? Thank you again.
  24. snowdog
    Quick update and question please. I have received a written acknowledgement of my defence from the court (I assume this is standard) but it's been 14 days now since the CCA and CPR 31:14 were signed for as received by Arrow and Shoosmiths respectively. Is there a time limit for them to respond? (Andy already replied on claim 2, thanks)
  25. snowdog
    Thanks for the quick response Andy

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