Arrow Global - suddenly taking me to court!!

[Kipper1977]

Hi, i've been dealing with Arrow for an old MBNA debt. The account has been in dispute for about a year whilst I got charges back and CCA off them which is all sorted now.

My partner left her full time job to have a baby and went back to work part-time. As I couldn't afford to make any payments on the account, I asked Arrow to accept token payments until my partner can get back to work full-time.

They said ok, the first payment is due to go out of my bank 1/7/08....but this morning i've recieved a court claim form from Northampton CC for the full amount.

Any advice would be appreciated.

 

Thanks.

[citizenB]

Bumping your thread. There are certain things you have to do and to a set time frame. I am sure someone will be along soon to help you.

 

I am wondering if perhaps your title should say 'COURT CLAIM RECEIVED' That way you might get more assistance.

[Kipper1977]

Thanks.

 

Can I edit the title?

[maroondevo52]

Hi, Kipper.

 

I'll ask someone to help you and maybe change your title

 

Regards.

 

Scott.

[rory32]

but this morning i've recieved a court claim form from Northampton CC for the full amount.

What are the Particukars of Claim? Is this an MBNA credit card and if so when was it taken out?

[citizenB]

Thanks.

 

Can I edit the title?

 

You are very welcome. Looks like you have some help now and you are in good hands.

[Kipper1977]

What are the Particukars of Claim? Is this an MBNA credit card and if so when was it taken out?

 

 

Yes it's an MBNA card. I applied on 15/07/03.

 

The POC's are,

 

1. The claimant is assignee of the debt from MBNA. ("the assignor")

the claim represents the balance of payments due under a loan agreement made between the assignor and the defendant regulated by the CCA1974.

 

2. The agreement provides for:

Payment of monthly installments and in default the assignor may recover the balance of the principle sum and all charges provided for.

 

3. In breach of the said agreement the defendant failed to make payment or comply with the default notice served by the assignee. The agreement was terminated accordingly.

 

4. The balance payable by the defendant is £****.**, which is claimed together with costs.

[Kipper1977]

This is the CCA they sent me.

 

http://i109.photobucket.com/albums/n52/Kipper_Ozzy/cca-mbna2ok.jpg

Edited July 2, 2008 by Kipper1977
wrong pic

[rory32]

I'm afraid it's illegible (it's also upside down).

[Kipper1977]

I can't read it myself..terrible photocopy. What now?

[rory32]

I can't read it myself

Well that's a plus

The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 SI No. 1557 states:

 

Legibility of notices and copy documents and wording of prescribed Forms

2.-(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper.

[Kipper1977]

http://i109.photobucket.com/albums/n52/Kipper_Ozzy/cca-mbna200.jpg

 

 

Don't think this is any better. It's all they've sent me.

[rory32]

Nope. No better. I would state that you are defending in full (which will give you an extra 14 days to file a defence and move the case to your local court). Also send the issuer of the claim the following by special delivery

In the matter of

XXX vs (defendant)

Claim Number XXX

In XXX Court

Soliciters Address

DATE

YOUR ADDRESS

 

 

Dear X

 

RE: REQUEST FOR INFORMATION

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the (insert date). If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

IN RESPECT OF EACH ALLEGED DEBT CLAIMED, I REQUIRE:

 

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

d. True copies of any deed of assignment and/or default notice with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

i. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

j. A copy of all account statements for the duration of the agreement.

 

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours Sincerely,

 

 

XXX (Type, don't sign your name).

Give them 14 days to provide the information.

[Kipper1977]

They've received the above letter, (thanks Rory) on the 9th July.

So they've now got til 23/7/08 to supply me with the docs? Only problem i'll be away til 28/07/08 will this be a problem?

[palomino]

Hi, i've been dealing with Arrow for an old MBNA debt. The account has been in dispute for about a year whilst I got charges back and CCA off them which is all sorted now.

My partner left her full time job to have a baby and went back to work part-time. As I couldn't afford to make any payments on the account, I asked Arrow to accept token payments until my partner can get back to work full-time.

They said ok, the first payment is due to go out of my bank 1/7/08....but this morning i've recieved a court claim form from Northampton CC for the full amount.

Any advice would be appreciated.

 

Thanks.

 

 

Did the payment actually go?

When were they expecting to receive it according to the agreement?

 

It sounds as though either payment wasn't made or it was received late. DCAs get very pernickety about this as they can claim under breach of contract (ie. your agreement) rather than anything to do with the original debt and this is much more straightforward for them. In this situation the original credit agreement becomes entirely irrelevant.

Edited July 14, 2008 by palomino
Clarification

[Kipper1977]

Yes, the payment left my G/F's account on the 1st july.

[palomino]

1. When were they expecting it - 1st July or a few days after that? Don't forget that the banking system 'borrows' your money for a couple of days before it is passed on.

In those couple of days Arrow can say immediately that you haven't paid and then instigate proceedings.

 

2. Did it actually arrive in the correct account? You will have to ask your bank (they can trace this). I suspect that asking Arrow may not produce a coherent answer.

Also, did you ensure the destination bank account is correct? Maybe it went to the wrong account.

 

[sorry if you've already checked the above].

[Kipper1977]

1. When were they expecting it - 1st July or a few days after that? Don't forget that the banking system 'borrows' your money for a couple of days before it is passed on.

In those couple of days Arrow can say immediately that you haven't paid and then instigate proceedings.

 

2. Did it actually arrive in the correct account? You will have to ask your bank (they can trace this). I suspect that asking Arrow may not produce a coherent answer.

Also, did you ensure the destination bank account is correct? Maybe it went to the wrong account.

 

[sorry if you've already checked the above].

 

 

I will phone them tomorrow to see if the payment was received.

It definitely left the account on the 1st.

[Kipper1977]

Arrow somehow forgot all about this. And stupidly, so did I.

The case was apparantly "stayed" sometime last year as the claimant never contacted the court.

Anyway I haven't had much time over the last couple of months to do anything but was wondering if anyone can give a bit of advice on the case now?

 

I received a letter 20/4/09. Saying that Arrow had been awarded a CCJ against me and that an attachment of earnings order had been made against me????

I then phoned the court, who told me the case was stayed??

They told me to file my defence, which I then did.

 

I have now recieved an AQ from the court and a letter from Arrow's sol's basically saying that they have requested the credit agreement, statement of account, notice of assignment etc. (there has been a delay retrieving the data from their archives).

 

I'm concerned with a couple of sentences in the letter;

In your defence you do not deny that you owe this debt.

You are merely requesting proof of the debt. Despite the fact that you have indicated to our customer advisors that you would be prepared to settle the debt, the notes on your account history may include instructions from our client which are deemed privelege information by the courts and any request of this nature should be made by application to the courts.

 

I realise i've been totally stupid by thinking this would go away but does anyone think i should still try and defend at this late stage??

 

Ps.. I have received an application form from them (online app) and a Notice Of Assignment (From themselves).

[harrassed senior]

Who send the letter saying that Arrow had been awarded a CCJ against you etc.? If, as you say, the case had been stayed, this is a grossly misleading letter and needs to be reported as such. Not sure which regulations and/or guidelines this breaches, but you should report this ASAP.

 

With regard to other points you raise, I am sure others with more help will be along soon.

[Kipper1977]

Thanks Senior. It was Cope's solicitors who sent it. I've complained to the SRA already.

[I've got no money]

Arrow somehow forgot all about this. And stupidly, so did I.

The case was apparantly "stayed" sometime last year as the claimant never contacted the court.

Anyway I haven't had much time over the last couple of months to do anything but was wondering if anyone can give a bit of advice on the case now?

 

I received a letter 20/4/09. Saying that Arrow had been awarded a CCJ against me and that an attachment of earnings order had been made against me????

I then phoned the court, who told me the case was stayed??

They told me to file my defence, which I then did.

 

I have now recieved an AQ from the court and a letter from Arrow's sol's basically saying that they have requested the credit agreement, statement of account, notice of assignment etc. (there has been a delay retrieving the data from their archives).

 

I'm concerned with a couple of sentences in the letter;

In your defence you do not deny that you owe this debt.

You are merely requesting proof of the debt. Despite the fact that you have indicated to our customer advisors that you would be prepared to settle the debt, the notes on your account history may include instructions from our client which are deemed privelege information by the courts and any request of this nature should be made by application to the courts.

 

I realise i've been totally stupid by thinking this would go away but does anyone think i should still try and defend at this late stage??

 

Ps.. I have received an application form from them (online app) and a Notice Of Assignment (From themselves).

 

Can you post a copy of the application form and the Notice of Assignment - when does the AQ need filing - we are going to need to amend your defence

 

Not a massive problem - its my FAVOURITE Solicitors Turnbull Rutherford...

[I've got no money]

Arrow somehow forgot all about this. And stupidly, so did I.

The case was apparantly "stayed" sometime last year as the claimant never contacted the court.

Anyway I haven't had much time over the last couple of months to do anything but was wondering if anyone can give a bit of advice on the case now?

 

I received a letter 20/4/09. Saying that Arrow had been awarded a CCJ against me and that an attachment of earnings order had been made against me????

I then phoned the court, who told me the case was stayed??

They told me to file my defence, which I then did.

 

I have now recieved an AQ from the court and a letter from Arrow's sol's basically saying that they have requested the credit agreement, statement of account, notice of assignment etc. (there has been a delay retrieving the data from their archives).

 

I'm concerned with a couple of sentences in the letter;

In your defence you do not deny that you owe this debt.

You are merely requesting proof of the debt. Despite the fact that you have indicated to our customer advisors that you would be prepared to settle the debt, the notes on your account history may include instructions from our client which are deemed privelege information by the courts and any request of this nature should be made by application to the courts.

 

I realise i've been totally stupid by thinking this would go away but does anyone think i should still try and defend at this late stage??

 

Ps.. I have received an application form from them (online app) and a Notice Of Assignment (From themselves).

 

Don't panic - when is the AQ due

 

Can you post copies of everything - the Application, the DN. The NoA etc

 

Can you post a copy of your defence as its' likely that we'll have to amend it.

Edited May 8, 2009 by I've got no money

[I've got no money]

Have a read of - if you have a look at the skeleton argument at the end - the one that's the word document attachment

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191754-arrow-global-ignm-1st.html

[Kipper1977]

Will post the details tomorrow. Thanks.

 

The AQ is due 14th May.