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Pookeymonkey v Arrow Global/Marlin Financial


pookeymonkey
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Hi all, have been laying low recently as all was quiet on the DCA front!!Anyway, back in July I sent a CCA request to Marlin after some particularly nasty treatment by them. Marlin are trying to collect on behalf of Arrow Global, who apparently bought the account from MBNA. MBNA refused token payments, but offered a 40% reduction to settle, followed by a 65% reduction shortly before selling to Arrow. I heard nothing until a letter dated 2/10/07 arrived (well over the 12+2+30 day limit!), saying that they were including a copy of my MBNA agreement. http://i237.photobucket.com/albums/ff266/pookeymonkey/marlinmbnaapplication-1.jpg This consisted of a very poor copy of my original application form, minus any terms and conditions. Marlin have now started phoning again, when I questioned what they had sent me I was told that this is my agreement and that they were going to get a charge on my property, before putting the phone down on me. Today I recieved a letter from Marlin stating that they have confirmed with Land Registry that I am the registered owner at my address and they are considering applying to the County Court for a Judgement to be entered against me, to be enforced by way of a Charging Order against my property.Two questions.First, what are peoples opinion on the 'Credit Agreement' minus any T&Cs that has been sent. I feel it has not complied with my CCA request, and what has been sent is unenforceable due to lack of prescribed terms.Second, to obtain a Charging Order do I not have to first default on a CCJ against me?Just getting to the stage where a little help and reassurance is needed!!!

I'm in the DCA kicking business ..........and business is good!!!!

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Before a charging order can be obtained they need to secure a CCJ and with the details you have supplied this looks very unlikely.

 

If they send out court papers it is important you acknowledge service and get the matter transferred to your local court. The file your defence which looks like it will be lack of documents. Remember that in order to persuade a judge to grant a CCJ the scumbags will have to explain the late delivery of your cca request and provide the original document. Courts deal with copies of documents but judges do not, especially if there is any doubt. Very, very few debt collectors have a copy so the original is even more unlikely. If they see you are serious about this it is likely they will retreat to the stone they emerged from.

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Hi pookey

 

your app looks very much like mine but i am dealing with arrow global via eversheds.

 

I think they can only apply for a charge on your property after thay have had a court issue judgement against you. question is, will a court enforce their dodgy application form?

 

that is a question I too would like to know the answer too and I may or may not get it in the future depending if arrow want to risk going to court.

 

I believe their position is weak and they have alot more to lose than I do so we shall see!

 

I have created a thread which I will keep updated about my case. See

seabro v Arrow Global LLC (MBNA Card 1 of 4) - The Consumer Forums

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Hi as the above posters have said if they take you to court you must get them to produce all documents at court under Civil Procedure rules if you don't then the court is very likely to just take their claim at face value and give judgement against you without seeing any documents in support.

 

all the best dpick:)

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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