Arrow/copes claimform - MBNA card 'debt' **DISC'D**

[Cornucopia]

It appears to me that Arrow are undertaking bulk litigation at the moment as I have recently received a claim but under different circumstances.

 

It is difficult to advise how you should formulate your defence as I am slightly confused as to what their claim is? You are saying it's a CC not a loan? It contains substantial charges? Could you clarify? Also, ring the court and check exactly what day you have to have your defence in because the risk is you will receive a CCJ by default if you don't adhere to the timescales.

 

Regards,

 

Corn x:)

[Cornucopia]

hi Corn,

the account was credit card with MBNA, but in claims arrow says i didnt adhere to loan terms and installment werent paid. so made me confuse cause i never had any loan account with them.

yea i know i will get CCJ by default if dont file defence within 28 days. by charges i meant it was 300 balance on the card mount to 1615 according to Arrow. so it includes mostly charges.

 

If arrow doesnt reply, what should i say in my defence? or if they do reply today or tomorrow what will be good line of action then to file the defence? can it be done all online or have to go to the court?

 

I am really sorry for the late reply but have been out after work!

 

Right, so MBNA assigned the credit card, Arrow have said "loan" which is clearly a mistake and they have inflated the balance by rather a lot! Have you SAR'd them???

 

I can help you put a defence together, but how long have we got? It sounds to me as if you have a defective default notice aswell. Can you dig it out? I would suggest a simple defence along the lines that, you, the Defendant is unable to submit a full defence due to the confusing nature of the Claimant's claim. You can write a simple two lined letter to Arrow's Solicitor saying that you need to take legal advice but your Counsel is unavailable until x date, therefore would they agree to an extension of seven days?

 

Can you submit the SAR immediately, if you have not already.

 

Let me know and I will get back to you.

 

 

Regards,

 

Corn x:)

[Cornucopia]

well anyone reply me ASAP here or PM, I have phoned the court they say the defence final day will be on Sunday and they are closed on Sunday so I have to submit today to make it to the system. ARROW global hasnt replies at all.

 

they suggested to fax the documents instead of doing online. they can confirm when I phone them after sending the fax

 

Hi, it is outrageous that they haven't replied to you. I suggest you submit a defence along the lines suggested above and enclose your letter to Arrow Global and state that because they have failed to reply to your queries under the Civil Procedure Rules, you have been disadvantaged as a litigant in person and cannot submit a full defence.

 

Alternatively, you can ring Arrow and tell them they because they haven't replied to your CPR letter, you require a further 7 days to submit your defence. If you apply to the Court to do this, it will cost you money.

 

It is all a bit late in the day isn't it??? Draft something up and we'll have a look at it today.

 

Regards,

 

Corn x:(

[Cornucopia]

thanks for your answer, shall i dispute the whole amount? or partly?

 

Sorry can you clarify. Are you talking about your acknowledgement of service? This is where you say you are defending in full, or not or whatever the case may be?

[Cornucopia]

I have already filed the acknowledgment of service, yes i said that in full.

i was just fiddling with the MCOL in the defence section, they say i dont need to send any supporting evidence at this stage. so how I am going to send the supporting letters? and delivery confirmation. etc stuff. sorry for my ignorance but this is the first time for me.

 

or rather i file defence oniline fax the documents or fax whole the defence leave online thing aside.

 

Right, personally, I would, given how late it is, type up and fax the document actually. This way you can include your letter to Arrow and you can ring the court and make sure they have got it. I think it is very important that the court know they have not answered your questions under CPR because you are at a distinct disadvantage at this stage. The outcome of this hopefully will be that the court will stay the case and order Arrow Global to comply with your request and you will then be able to submit an amended defence.

[Cornucopia]

The Civil procedure Rules provide an exemption from filing documents with the initial online stages. Once the case is transferred, you will have to submit your evidence.

 

I'm surprised at the timescale. Are you sure you have had 28 days since receiving the original N1 claim form?

 

I suggest you file a holding defence in view of the fact that Arrow haven't responded. I have copied a draft below that you might like to consider.

 

 

In the xxxxxxxx County Court

Claim number

 

 

Between

 

 

xxxxxxxxxxx- Claimant

 

 

 

and

 

 

 

XXXXXXXXX - Defendant

 

 

 

 

 

Defence

 

 

 

• Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

• The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

• The claimants’ particulars of claim discloses no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant’s claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

 

4. Consequently, I deny all allegations on the particulars of claim and do not know what case I have to meet.

 

 

• Further to the case, on xx/xx/2007 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a list of charges applied to the account.
  
• To date the claimant has ignored my request under the Civil Procedure Rules, and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested
  
• It is neither admitted nor denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant.
  
• Notwithstanding point 8, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

• Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

• Without Disclosure of the relevant requested documentation I am unable to asses if I am indeed liable to the claimant, nor am I able to asses if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974

• In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

• Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph 6 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

 

 

Statement of Truth

 

 

I,xxxxx, believe the above statement to be true and factual

 

 

Signed …………………

 

Date

 

You beat me to it! I was just chopping up my own defence docs to put on but these are actually quite similar. I think that a default notice was received though?

 

Also, I was advised that I could provide back up information with the defence, by a lawyer, although you may be quite correct in what you are saying. Obviously at AQ stage, Libra will be able to add other things.

 

I agree with you re : timescales - Libra, when exactly was the date actually on the Court Claim documents? You have 5 days for service and after that is when your 28 days starts. So, say they were dated 28 March, you would have until 1 May to submit your defence. Could you clarify please?

 

Regards,

 

Corn x:)

[Cornucopia]

sorry for being pain guys, whats the point 8 in

 

Notwithstanding point 8, I put the claimant to strict proof.....

 

shall i also add that to point 1 and 2 that I dont have any loan agreement with MBNA because it was credit card agreement ??

 

 

No, don't say it was a credit card agreement, say that you simply have never had loan agreement with MBNA and leave it at that.

 

Did you read my post about the dates for your defence (one post back), could make all the difference to rushing this out!!!

[Cornucopia]

what does it mean?

• The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

corn, i checked the claim form, it is dated 18th mar, so my mistake opened the letter after few days and court is right the 28 days will be ended on sunday.

 

 

In my defence, I chose to use the word "disadvantaged" but Docman has chosen a different way.

 

It basically means that you cannot plead a full defence because of lack of co-operation from the Defendant.

 

What a bum about the dates. You do know you can request an extension from Arrow but I think this would probably have to be in writing. An application to the Court would cost £75.00 (I think that is how much it is).

 

Look, it is very late to be doing this so I would do your level best with the defence, you will have opportunity to add to it and provide supporting evidence at Allocation Questionnaire stage. What you don't want is an automatic CCJ. You are a litigant in person and I am sure this will be taken into account. Have you checked what time the Court closes today because you want to be 100% they have got it???

[Cornucopia]

Thanks Corn and Docman, I faxed the defence documents and confirm from the court that had received it.

 

let see whats the out come.

 

thanks again

 

You're welcome, but I feel bad we didn't have time for more help on this to be honest. Hopefully better prepared when hearing comes forward. Thank you for the click and I wish you loads and loads of luck with this, I know how scary it all is! Please please don't leave any time between receiving and opening your mail or delay letting us know!!

 

Look forward to an update soon. Thank you for the click.x

 

Best wishes,

 

Corn x:)