Eversheds County Court Paperwork / **SUCCESS**

[goonerhenry]

I have an old MBNA credit card which after severe financial difficulty i defaulted on around 16 months ago, at the time i agreed to pay a redueced fee to which to date i have never missed a payment, this was agreed with a compnay called eversheds, recently i received a phone call from eversheds saying that unless i paid the debt of in full or agreed to hugely increased monthly payment, they would be pursueing me through the county court and getting a charging order against my property, i received the paperwork last saturday through normal post not recorded, but the claimant was arrow global not mbna, to my knowledge i dont have a credit agreement with arrow or have been told that the debt has been sold on, i have compleetd the admission paperwork admitting to the full claim even though its nearly double the original debt and was about to send it off when i came accross your site, what am i best to do??

Edited September 30, 2008 by goonerhenry

[PGH7447]

simply send arrow global a CCA request the template is in the templates library, it costs £1 and send it recorded but do not sign it, if after 12+2 days they have failed to provide a valid agreement, then inform them the account is in dispute and stop all payments to them.

 

do not acknowledge any debt to arrow

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

template N

[goonerhenry]

what about the court paperwork as it says i only have 14 days to respond? do i need to inform the court of the action?

[PGH7447]

what exactly is the court paperwork? is it a Statutary Demand

[goonerhenry]

it doesnt really say the front just says claim form, under the particulars of the claim it says the following:

 

1. the claim is for the sum of £ in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA on which the defendant failed to maintain payments

2.a default notice was served upon the defendant and had not been complied with

3.by virtue of a sale agreement between MBNA and the claimant the claim vested in the claimant who has a genuine commercial interest

 

it does say that the claimant is arrow global but to return the paperwork to eversheds, is this normal?

[PGH7447]

OK arrow are a DCA eversheds are a solicitors being used by arrow, hence return the paperwork to them

 

Also if you have not had any communication from eithe MBNA or Arow Global about this transfer of the debt I would in the first instance visit the CAB and get some legal advice.

 

I would also as stated earlier send arrow a CCA request today by speacial delivery

 

Hopefully someone more knowledgeable about these court matters will be along shortly

 

was the court form from Northampton Courts

[surfaceagentx20]

DO NOT RETURN THE PAPERWORK.

 

What you have there is a county court summons. You should also have form of acknowledgemetn of service as part of a 'Response Pack'.

 

Do you have a copy of

[1] your agreement with MBNA?

[2] the default notice mentioned in the Particulars of claim?

[3] a notice from anyone saying the MBNA debt had been assigned to Arrow Global?

 

If you are missing any of these things I suspect the proper thing to do will be to deliver a letter to Eversheds requiring thme to comply with a request for the provision of those documents under CPR 31.14. I'll walk you through the sequence if it is appropriate.

 

Meantime, what is the amount of the claim against you?

 

x20

[goonerhenry]

i dont have a copy of any of the paperwork, i may have had one for MBNA, but its that long ago i wouldnt knwo where to look, as for the others as far as im aware i didnt receive any paperwork saying the debt had been transferred, but as i was having numerous letters about other debts, the amount of the claim is around £6000, if you could walk me through the sequence that would be great, also while im doing this do i need to inform the courts or would me writing a letter to eversheds be enough for them to suspend action until the relevant paperwork has been received?

[PGH7447]

cheers surfaceagent, I'll now step out of the thread

 

Good Luck Gooner

[goonerhenry]

thanks for you advice pgh7447, by the way its bradford court not northampton

[surfaceagentx20]

Gooner,

 

Complete your acknowledgement of service form by answering all the questions and return it to the court indicating an intention to defend the entire claim. Then send Eversheds this letter:

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment

 

3 the default notice

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

Any questions, just yell.

 

x20

[goonerhenry]

thanks for that, quick question, what if they do provide me with relevant paperwork?

[surfaceagentx20]

Post copies of them to this site. We will want to see if they meet technical legal requirements.

 

x20

[goonerhenry]

right the missus has just told me that she put away allot of paperwork in a wardrobe, so before sending the letter to eversheds im going to have a look through and see if i can find anything, i will post anything i do find, thanks for your help so far surfaceagentx20

[Docman]

goonerhenry,

 

As x20 suggests, you should return the acknowledgement of service form but don't wait for too long. You only have 14 days after service in which to respond.

 

As to Arrow/Eversheds, I'm in the same boat with no CCA from MBNA, Arrow or Eversheds. I'm now waiting for a date from my local court on my application to strike out their claim becasue they have produced zero docs.

 

X20, I think eversheds use Bradford instead of Northampton, so shouldn't they have supplied docs with the claim form?

[surfaceagentx20]

Docman,

Yes, if this case was issued anywhere other than Norhampton Bulk, CPR PD 16 para 7.3 will apply.

 

x20

[goonerhenry]

Docman,

Yes, if this case was issued anywhere other than Norhampton Bulk, CPR PD 16 para 7.3 will apply.

 

x20

 

the court they are using is bradford, so does this mean they have already supplied the relevant docs? what does "CPR PD 16 para 7.3 will apply" mean?

[surfaceagentx20]

If a legible full copy of the credit agreement came with the Claim Form, then Eversheds have complied. If it didn't then they haven't and the appropriate way forward would be to demand it under CPR 31.14.

 

CPR refers to the Civil Procedure Rules, the collection of rules governing civil procedures in courts in England and Wales. PD stands for 'Practice Direction'. Most CPR have PDs guiding the way a party should conduct themselves and so on. CPR 16 PD para 7.3 says:

 

Where a claim is based upon a written agreement:

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and

(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).

 

You can find the CPR here, and CPR 16 PD 7.3 here.

 

x20

[goonerhenry]

excellent thanks for clearing that up, the only paperwork that was sent to me was the claim form & a response pack, i have checked back through my old letters and to my knowledge i have only rec'd two letters from arrow global, a default notice which was dated the 19th december 2006 and the second being a termination notice which was dated the 5th of january 2007, other than that i have a few letters from MBNA before december 2006 none of which mention my account being passed to arrow, the others are all from eversheds after jan 2007 which again dont mention my account has been passed but do say there client is arrow global and NOT MBNA

[surfaceagentx20]

Gooner,

I suppose the default notice came by post? What date does it say was the date you should comply with it by?

 

And if you've got a scanner it would be really handy to see the default notice after you've post-scan edited it to remove reference to your indentity etc.

 

x20

[goonerhenry]

yes, i had til the 2nd of january 2007 to respond, i will scan the default notice in now so give me 10 mins or so

[surfaceagentx20]

We'll see what your DN looks like in a mo but you've already got your first headline defence sorted. Here's why:

 

The minimum period of time which may be allowed a debtor to comply with a default notice is 14 days after the date of service. If the DN was dated 19 December 2006 and posted to you that very day first class post, the deemed date of service would be 21 December 2006. If the date for compliance was 2 January 2007 only 12 days was allowed.

 

The failure to allow not less than 14 days after service constitutes a breach of section 88 of the Consumer Credit Act 1974. This section provides:

 

88. Contents and effect of default notice.

(1) The default notice must be in the prescribed form and specify

(a) the nature of the alleged breach;

(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

© if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

 

(2) A date specified under subsection (1) must not be less than 14 days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those 14 days have elapsed.

 

The things in section 87(1) and which are prohibited under section 88(2) are (a)-(e) below, as follows:

 

87. Need for default notice.

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum, or

© to recover possession of any goods or land, or

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e) to enforce any security.

 

It follows that the termination occurring on 5 January was a termination not in accordance with section 87(1). Likewise the demand.

 

In short any sum of money claimed which exceeds what was truly the amount by which you were in arrear on the day the default notice was issued will now be irrecoverable. I hope that saves you a proper shed load of money.

 

x20

[goonerhenry]

typically my scanner has packed in so im going to have to try and scan it in tomorrow at work, is it worth me getting the later for eversheds ready and sending the acknowledgment of service back to the court, if yes do i tick the box to defend all of this claim or to contest jurisdiction?

[goonerhenry]

sorry must have been typing as you were, the default notice was for £6166.15, were as the claim is for 5741.15 plus court costs, so im guessing that doesnt really save me any

[surfaceagentx20]

Damn. So you were in arrear to the tune of £6K or so when the default notice arrived?

 

Leave things as they are right now, take a step back and review in 24 hours once you've posted a scan of the default notice and perhaps the agreement itself if you manage to find it. And any stuff you might have about the instalment agreement you had set up with Eversheds as well.

 

x20