Eversheds County Court Paperwork / **SUCCESS**

[goonerhenry]

no i was only in arrears for £887.30 the total outstanding was £6166.15.

 

definalty not got the credit agreement, not even from mbna, what are your first thoughts, is it worth me making a fuss or should i admit and get on with paying it off?

[goonerhenry]

sorry mate but have just read your post again and if im reading it right your saying that because they only gave me 12 days to respond then they can only claim for the arrears of £887.30 and not the full amount is that right? also techinically they gave me 14 days from the date of the letter, do they by law have to give the letter time to arrive?

[surfaceagentx20]

Gooner, you'd be crazy to admit to this claim. Listen,

 

Have a long careful read of the law I quoted in my post no22. See what section 87(1)(b) says? it refers to 'earlier payment', that is payment of money due ordinarily in the future but which under the contract might be accelerated into becoming payable earlier than it would otherwise have been payable if there was a breach of the contract by you. If the creditor wants to take advantage and claim immediately what would be payable in the future, he's got to comply with section 88.

 

Next, see what section 88(2) says up there in post no22? It says the date given in the notice for compliance 'must not be less than 14 days after the date of service of the default notice.'

 

The date of service is deemed to occur on the 2nd day after posting where first class post is used.

 

In this case MBNA didn't give you those 14 days. That means their claim is limited to anything which doesn't represent 'earlier payment'. That would be £887.30 or the true arrears whichever was the lesser.

 

so like I said, you'd be crazy to admit to this debt. Your maximum liability just tumbled from £6K odd to less than a grand.

 

x20

[goonerhenry]

****, that could be the best news for a long time, whats my best course action from here?

[surfaceagentx20]

Incredible 'en it? It's consumer protection in action; doing what it says on the tin.

 

OK, from now on we keep that card up our sleeve for a couple or so weeks. The DN is trashed so we see what else we can shave off this claim. That's where the CPR 31.14 letter comes in. In view of the fact you have corrected your information about the information about the DN, that CPR 31.14 letter might as well get launched. It would still be a good idea to post the DN though. There may be other shortcomings in it besides the ones I have mentioned.

 

Sweet dreams.

 

x20

[goonerhenry]

right i will get the DN scanned and posted up on here today, i will also get the letter off to eversheds requesting copies of the information in the letter you outlined earlier, do i need to send them a cheque for a £1 to cover any copying costs as well?, do i also need to comlete and return the acknowledgement of service form, if yes do i intend to defend all the claim or the juristiction?

Edited October 1, 2008 by goonerhenry

[goonerhenry]

right here is a scanned copy of both pages of the DN, let me know what you think

[surfaceagentx20]

Gooner,

The document is too small. See if you can post it bigger so we can read it.

 

x20.

[goonerhenry]

try this pdf version

arrow.pdf

[goonerhenry]

right thats the letter off to eversheds, next day special delivery, so touch wood the best £4.60 i have ever spent, have you had chance to look at the DN surfaceagent?

[goonerhenry]

also do i need to let the courts know that i intend to defend? the letter arrived last saturday, so im guessing i have til a week this saturday to let them know, is it best to do it now or wait to see what eversheds have to offer?

[surfaceagentx20]

Gooner,

I've seen the DN and do not believe I can rip any more off the claim owing to any further shortcomings in it. Even so, on the strength of the shortcoings so far we've got the liability down to around £400.00 or so I'd say. We'll have to see if there are any other grounds which emerge once the other side have disclosed the documents we have asked for.

 

Meantime, you should return your acknowledgement of service to the court indicating you intend to defend all of the claim.

 

x20

[goonerhenry]

excellent mate, am i right in saying i can do this over the internet? also just out of interest even if i do go through this and the court decide i have to pay x amount, can this still be spread over a certain amount or time and do i still receive a county cour judgement against myself?

[surfaceagentx20]

I gather the court is at Bradford in which case I understand the acknowledgement will have to be returned through the post. As far as I'm aware it's only through MoneyClaim Online based at Northampton where certain stuff can be sent over the internet.

 

Certainly Bradford has an email filing facility as follows 'e-filing[at]bradford.countycourt.gsi.gov.uk', but whether they would let you use this for sending your acknowledgement I wouldn't like to say.

 

Call Bradford Customer Services on 01274 840274. Tell them you've just been talking to surface agent x20 and ask to speak to Commander Shore.

 

x20

[havinastella]

Stupid me

[goonerhenry]

surface agent, commander shore are you sure its not mi5 im talking to

[goonerhenry]

right thats the acknoledgement of service off to the court, eversheds should be currently opening their letter and running round trying to find anything but hopefully nothing, so i guess i just wait for the next 7 days to pass and see what happens

[supasnooper]

I gather the court is at Bradford in which case I understand the acknowledgement will have to be returned through the post. As far as I'm aware it's only through MoneyClaim Online based at Northampton where certain stuff can be sent over the internet.

 

Certainly Bradford has an email filing facility as follows 'e-filing[at]bradford.countycourt.gsi.gov.uk', but whether they would let you use this for sending your acknowledgement I wouldn't like to say.

 

Call Bradford Customer Services on 01274 840274. Tell them you've just been talking to surface agent x20 and ask to speak to Commander Shore.

 

x20

 

And hopefully the reply you'd get would be -

 

"Stand by for Action! We're about to launch Stingray! Anything can happen within the next half hour!"

 

[mfpa]

send them a cheque

 

My choice would be a postal order because it would not give them my bank account details and a copy of my signature.

[goonerhenry]

i did send them a cheque, but thankfully it was from the mother in laws bank account and not mine

[tinkerbell20]

I gather the court is at Bradford in which case I understand the acknowledgement will have to be returned through the post. As far as I'm aware it's only through MoneyClaim Online based at Northampton where certain stuff can be sent over the internet.

 

Certainly Bradford has an email filing facility as follows 'e-filing[at]bradford.countycourt.gsi.gov.uk', but whether they would let you use this for sending your acknowledgement I wouldn't like to say.

 

Call Bradford Customer Services on 01274 840274. Tell them you've just been talking to surface agent x20 and ask to speak to Commander Shore.

 

x20

 

If its at Bradford and not Northampton (online) shouldn't they have had to attach a copy of the documentation agreed to in the POC?

[surfaceagentx20]

Yes Tinks, but when do they ever?

 

A request for production of documents under CPR 31.14 has gone off I believe and so we're sitting tight for the stuff to arrive.

 

x20

[goonerhenry]

yep request went off last thursday, arrived on friday and so i guess we sit and wait now, just wanted to say thanks for everyones help so far, although im sure im going to need allot more in the future.

[goonerhenry]

right no response from eversheds and its been 7 days since they received it, whats my next course of action?

[Docman]

Can I ask a really stupid question? If the debtor had complied with the DN issued by Arrow Global and therefore remedied the breach, surely the credit card agreement would have continued. If so, how would Arrow be able to offer a credit agreement without a credit licence? Does this mean that the DN is defective because the remedy required was not of itself capable of returning the parties to the position they were at prior to the breach?

Edited October 9, 2008 by Docman
typo