Thanks for the advice MrHat and creditcardmug. I have just now filed (online) the following defence. More updates as events warrant it. --- The Defendant neither denies nor admits to any indebtedness to the claimant. The Defendant sent the claimant a CPR31.14 request for the original signed Agreement, Default Notice and Notice of Assignment relied upon in the Particulars of the Claim. The claimant received the CPR31.14 request on the 15th November by recorded delivery and has confirmed receipt of the same in writing on 16th November stating that 'We confirm receipt of your request for documents and have now submitted a request for these documents to our client. The matter has now been placed on hold and we will not take further action whilst we await these documents. Upon receipt of these documents, we will forward them to you and allow you 14 days to consider them and respond.' As of the 19th November, the claimant has not supplied the requested documents, which were requested in the CPR31.14, including the Notice of Assignment, which would prove the Claimant's right to bring this action. The conduct of the claimant is denying the Defendant the right to submit a full defence and as the action stands at the present time, the Defendant is somewhat confused and unsure as to exactly what the claimant's claim is for, the Defendant is unable to file a full defence as a direct result of the claimants negative Pre-Action Conduct. The Defendant respectfully requests that the Court stay (Suspend) the proceedings under Practice Direction 4.6 (1) until the claimant complies with the defendants CPR31.14 request. The defendant respectfully requests that the court impose a time scale of seven (7) days upon the claimant to comply with the defendant's rightful entitlement to inspect the documents that the claimant's claim is to rely on, and that should the claimant fail to comply with the court's order, then the defendant respectfully requests that upon notification by the defendant to the court of the claimant's further failure to comply with the Practice Direction sanctions imposed by the court, that the court makes the motion to strike out the claimant's claim on the grounds that the claimant is unable to substantiate the claim. The Defendant also makes a respectful request to the court for the court's consideration, to permit the defendant to submit an amended defence if the claimant supplies the requested documents mentioned. ---

Hello, I have received the attached letter from DF stating that they "...will not take further action whilst we await these documents." (the CPR31.14 request). Do I still need to file an embarrased defence with the court in this case? Stewart

Hello, Wanted to share this update for the records. I posted the CPR31.14 request to DF on the 12th using recorded delivery, which was confirmed as signed for on the 15th. Today I phoned and spoke with DF and they agreed to hold the case for 7-days until they are able to confirm receipt of the request as they have just moved offices and are in disarray. They have told me that they will write to me confirming receipt and hold the case until they are able to provide me the documentation and when they are able to to do so, will give me 14-days to respond and file a defence if I want to. All good so far. I phoned the court to check what I need to do to ensure that this happens. I have been told by the court that unless I file a defence by 4pm on Monday 19th should DF apply for judgement, they would be awarded it. I asked about CPR15.5 where it says "Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing" and was told I could do that but that it wouldn't stop a judgement without a defence!! WTF? Complicating matters further, the court are about 1 week behind in their paperwork, so even if I do write to them today then they won't process it until after the 7-days have expired. I plan to write to the court as per 15.1 and post it recorded delivery. I think it's probably a good idea also to write to DF confirming our conversation and the 7-day hold and then extended hold until they can fulfil the 13.14 and post that recorded as well. Does that make sense? Any advice very much welcomed. Stewart

Thanks Andy, I'm just waiting for confirmation of delivery from the post office which should be today. Once that happens, I'll call DF and ask them for a 28-day extension to allow them to comply with the CPR request. What happens if they refuse it - do I tell the court and ask their advice? Stewart

Hi Andy, Thanks for the feedback. I'd already posted the CPR 13.14. Shall I write another letter and send it tomorrow - "in line with my previous correspondance..."? Do you know of a template to use for this? Stewart

Thanks, Andy. New versions uploaded. Stewart

Hello, I have a county court claim form (scan of front page attached) filed by Drydensfairfax with Arrow Global Guernsey Limited as the claimant. The claim is for £10,478.26 + costs + fee = £10,768.26. This is for the MBNA credit card which I originally asked for assistance concerning in Feb 2011 (see posthttp://www.consumeractiongroup.co.uk/forum/showthread.php?293514-MBNA-Allied-International-Credit&highlight= - that was with AIG and I never received a response to the SAR request at that time. I wasn't aware that the debt had been transferred to Arrow Global since. I have received some letters from Drydensfairfax but ignored them, probably should have dealt with it then. The claim was issued on the 16th October. I filed an acknowledgment and intention to defend the full claim on the 2nd November. I have today (12th) sent off the CPR31.14 request, also attached - recorded delivery. This was taken from the consumer wiki /index.php/DCA:_Using_CPR_31.14_to_Your_Advantage The question I have, which I'm not quite sure on the answer to despite having read as much as I can on this excellent forum, is what should I do about the 28-day deadline to file a defence which falls due on the 18th. Well, for a start the 18th is a Sunday, so will the deadline be on the Friday 16th or Monday 19th? Shall I file a defence like the one put together by "southernjessy" on /forum/showthread.php?366533-Bryan-Carter-Arrow-Global-County-Court-Claim&p=3993765&viewfull=1#post3993765 ? Is there anything I should do or need to know about? I did NOT take out PPI on this card, I know that for a fact. There were quite a lot of charges applied, however, but I don't know the full value - I can possible find out if I still have old statements. Is that worth doing? Very much appreciate and replies, advice and pointers. And once again, thanks to everyone involved in this forum - it's been invaluable to me at various points over the past few years! Stewart Original thread http://www.consumeractiongroup.co.uk/forum/showthread.php?293514-MBNA-Allied-International-Credit&highlight=

Thanks for the comments. I know the SAR should go to MBNA, but I'm going to pretend I don't and send it to AIG and see if they know. Anyway, that's for the future. Posting the letter above today and we'll see what response that gets. I received one telephone call (from a mobile number, so watch out for that one) asking me to call regarding a "personal business matter" - which I've ignored. I also received a text message as follows: Presumably since the only option I was given when I did speak to them was to pay in full, the "action" they intend to take is...what? ....Accept the payment plan which I made with them and have been sticking to? *sigh* Stewart

Hello, Thanks for the advice. I have decided to go down the route of disputing AIG's legal right to deal with my account - since they have provided no proof other than a little yellow slip, which in my mind constitutes no proof whatsoever. In the meantime, I will maintain my £120 monthly payments to MBNA, as that is what I *can* afford and if this does end up legal I can point at the payments to confirm that I, at least, was acting in good faith. I have also set-up a correspondance address for them to use because I don't want the writing to home. Do you think that will be OK? Can you have a glance over the following and see if it fits the bill? Assuming that I get the proof I need, I'll then hit AIG with a SAR and see where that leads. Thanks for the advice and I appreciate everyone's assistance! Stewart

Hello, I have just now got off the phone to AIG who claim to be acting on behalf of MBNA, chasing a debt that I have owed them and been making reduced payment against for some time. I am looking for some advice about the best way to proceed, but I'll provide some background first. I ran up some pretty serious debts until 2007, when it all finally went horribly wrong and I couldn't use any credit cards or loans to bounce money around and had to deal with it all. I realise now that all of that was a mistake and I should have dealt with it earlier. I have never tried to claim that I don't owe the money I owe and from the point that I made the decision to deal with my creditors, I have always offered to make repayments, which has generally been well received. Currently, I owe £62k in unsecured debt, I have a mortgage with a balance of £162k and a secured loan with a balance of approx £30k. I do earn well and can manage to service all of this, just with lowered payments. Until very recently, I had run up arrears on my mortgage, but Cheltenham & Gloucester were very helpful and set-up a payment plan which I kept to. In January 2011 have merged the arrears back into the mortgage (I forget the exact terminology) so that I no longer have any arrears on my mortgage. As I say, I have negotiated with all my debtors to come up with a payment plan based on an I&E that I originally created in 2007 and have kept up to date ever since. I have used this site and others over time as resources and a very big thank you to all who have posted here in the past, as people like me who are just looking for help always find them useful, even if we don't always post. Anyway, back to this particular case; MBNA were one of my creditors who were always very helpful (contrary to what I have read elsewhere here) and agreed to a monthly payment of £120 - with no interest applied - which, up until 6 months ago, I made regularly on time. In the past 6 months, my employer has been having difficulties and so pay has sometimes been 2 or 3 days late and in October 2010, I only received half wages, which I am still owed. I spoke with MBNA regularly throughout this to keep them informed and in December 2010 I agreed to up my payment to £180 a month for 6 months to clear 3 months that they claimed I was behind (I actually thought it was 2 months, but wasn't prepared to argue). I paid the first £180 on 16th December and then second £180 on 3rd February (my January wages being 2 days late). Yesterday, 7th February, I received a call on my busines mobile (which MBNA knew of) from one "Chris Davidson" at Allied International Credit ("AIG"), but said I was too busy to speak and asked him to call back today. He has explained to me that MBNA have "asked them" to look into dealing with the debt immediately. I said that this was a big suprise to me as I had just made a payment to MBNA, but he was not very interested in that. I confirmed my employer, salary, mortgage, secured loan, etc (which maybe I shouldn't have done, but it's not like MBNA didn't know them anyway) and he then said that I must call him back by midday on Thursday 10th February. I refused to give any more phone numbers for me, although he pushed on that point. One point which really stood out to me was that he claimed the debt owed is £10,478.26, but I have on my records that it was £9,867.69 as of the beginning of November, so another £360 has been paid since that point. I asked what he expected to happen on Thursday as clearly I am unable to repay that amount of money, but he refused to be drawn saying that it was clearly one of income or assets and then refused to explain what he meant by that, only that he would make "recommendations" to MBNA after Thursday. I asked if there was scope for an ongoing payment plan, but he said that "the computer" (yep, he did say that) indicated that this was unlikely. I explained that I didn't know who AIG were, nor had I received any correspondance from MBNA or AIG. It seems that the "yellow slips" were sent out on the 2nd, although I haven't received mine. I very much welcome some advice. I have just read the excellent thread on Tesco/AIG on this forum (sorry I cannot seem to link to it, but the reference is "showthread.php?287398-Allied-International-Tescoloan/", so from this and reading elsewhere, the following course of action seems most appropriate: 1 - Do not speak with AIG on the phone again; request that all be put in writing. 2 - Send a CCA request to both AIG and MBNA. 3 - Wait for their response. Do that sound about right? Anything I haven't explained, please let me know! I'm quite ****ed off with MBNA, since I spoke to them last week! However, should I stick with paying MBNA £180 in the meantime if nothing happens, or just £120, or £1 or nothing? Thanks very much. Stewart