CBS Transcom - Arrow Global - Cope's - NOTICE OF DISCONTINUANCE!!!

[mighty-midget]

Hello, this is my first post and I am in desperate need of all your help. My wife had a Halifax Bank of Scotland card that was sold to MBNA in January 2006. In July 2006 we contacted the National Debtline who in turn passed our finances onto Payplan.

We have been making regular payments ever since.

MBNA have sold the debt onto CBS Transcom or Arrow Global LLC (TBH I am not sure who now holds the debt as we receive letters from both, but it appears to be mainly Arrow Global LLC now). My wife has received lots of threatening letters and calls from both Arrow and CBS Transcom and then Cope's solicitors.

Today she has received a County Court claim form and is really panicking as to what to do? She has contacted Payplan who said to fill in the relevant sections and then post it to their legal department, and a CCJ will probably be issued but don't worry about it:eek:

 

My wife doesn't relly want a CCJ against her and really wants help as to what to do?

 

The Particulars of the claim say the following;

1. The claimant is assignee of the debt from MBNA Bank (Europe) Limited ("The Assignor") The claim represents the balance of payments due under a loan agreement made between the assignor and the defendant regulated by the Consumer Credit Act 1974.

2. The agreement provides for:

Payment for equal monthly installments; and

in default the assignor may recover the balance of the principal sum: and

all charges provided for.

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

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

 

The claim for has been issued by Northampton County Court Bulk Centre, and the claimant is Arrow Global LLC, and the address for sending documents and payments reads Cope's Solicitors.

 

 

Sorry about the length of the post but I have tried to put in all the info that I can.

 

Please can somebody help us.

 

Thanks in advance

[fedup74]

Have you received a default notice? Is there any charges on the account?

[mighty-midget]

Thanks for the reply fedup74, there was a default notice sent on 23 July 2007 from Arrow Global LLC, this is the only one that I can find.

As far as charges go I have looked at the statements that I have and there are charges on them, if that's what you mean?

 

Sorry, I am new to this and am unsure as to what I am doing:confused:

[AndyOrch]

Hi Might Midget and welcome to Cag

 

 

Can I recommend not admitting any liability for the debt, partial or otherwise. If the credit agreement has not been provided by Arrow Global as the result of a CCA request, then you have no way of ascertaining if the contract is legally valid under the CCA 1974. In the absence of this information, you are unwisely, in my opinion, admitting liability for a debt, that hasn't been proven to exist or one that conforms to the requirements of the CCA 1974.

 

You might be thinking that of course a debt exists! However, for the purposes of the law, the existence of the debt is determined by a credit agreement being furnished by your creditors and one that is deemed to be properly executed, which means its layout and content conforms to what the CCA 1974 prescribes.

 

 

 

I trust the above is helpful.

 

 

Regards

 

Andy

[mighty-midget]

Hi Might Midget and welcome to Cag

 

 

Can I recommend not admitting any liability for the debt, partial or otherwise. If the credit agreement has not been provided by Arrow Global as the result of a CCA request, then you have no way of ascertaining if the contract is legally valid under the CCA 1974. In the absence of this information, you are unwisely, in my opinion, admitting liability for a debt, that hasn't been proven to exist or one that conforms to the requirements of the CCA 1974.

 

You might be thinking that of course a debt exists! However, for the purposes of the law, the existence of the debt is determined by a credit agreement being furnished by your creditors and one that is deemed to be properly executed, which means its layout and content conforms to what the CCA 1974 prescribes.

 

 

 

I trust the above is helpful.

 

 

Regards

 

Andy

 

Hi Andy and thanks for the reply.

 

I haven't done a CCA request because I have been making payments through Payplan to CBS Transcom that they have been receiving since July 2006.

 

What do I do? Do I fill in the form , as Payplan advised, and then just let the court decide (which we really don't want to do) or mount some sort of defense? (which we don't know how to do)

[AndyOrch]

ok first thing to do is request a Sec 78 CCA request do this tomorrow letter N in the templates section include a £1.00 PO and sont sign the letter and send Spl Del next day.Retain proof

Secondly Post the CPR request which i will post shortly for you to the Claimants Sols again dont sign Spl Del and retain proof.

 

With regards

to the AoS ( Ackn of Service)

I presume you will do this online MCOL you have 33 days in total.Date of the summons +5 is deemed service date you then have 14 days to AoS and another 14 to enter your defence if required,Dont be too quick to complete said AoS you will found out reading various threads that Litigation involves mindgames and so the longer you leave it (im not implying the last day) the more you are keeping your opponents ( Claimants) in the dark.Serves no purpose in rushing these matters as you will found out in time.

Dont forget to print off your Acknowledgement after input this is retained as proof of input ie date and timestamped.

[AndyOrch]

Here is the CPR request

 

 

Complete your acknowledgement of service form online there will be a password on the claim pack indicating an intention to defend the entire claim. Then send Arrow Global Sols 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 (dont sign)

 

Just post if you are unsure of anything

 

 

Regards Andy;)

[mighty-midget]

Thanks Andy.

 

I just need to get this straight in my head because it is spinning at an amazing rate of knots!

 

I need to send a CCA to Arrow Global, and a CPR to Cope's. And I need to log onto MCOL and register that I intend to defend the whole claim?

 

What do I do about Payplan? They have told me to fill in the form and send it to their legal department:-?

[AndyOrch]

That is correct if you follow Payplans advice as you state yourself above you will end up ith a CCJ for 6 years.Trust me you are better doing this yourself and stop payments also now that litigation as commenced.

 

Regards

 

Andy;)

[mighty-midget]

That is correct if you follow Payplans advice as you state yourself above you will end up ith a CCJ for 6 years.Trust me you are better doing this yourself and stop payments also now that litigation as commenced.

 

Regards

 

Andy;)

 

Thank you sooo much, my wife is in such a state and doesn't know which way to turn.

 

Can I just ring Payplan and tell them to stop the payments or will this get me in more trouble?

[AndyOrch]

If the payment is minimal then let it ride during the process and dont involve Payplan if its considerable and you could use it far better then stop it and inform Payplan of your reasons.

 

Andy;)

[mighty-midget]

If the payment is minimal then let it ride during the process and dont involve Payplan if its considerable and you could use it far better then stop it and inform Payplan of your reasons.

 

Andy;)

 

It's minimal and part of a larger payment plan that we make to payplan, so I'll leave it for now because at least it shows that I have been trying to deal with my debts.

 

Thanks again Andy for your help and advice, it is really appreciated.

[mighty-midget]

Hi again, and sorry to be a pain but looking through my post I have just found a letter that I received yesterday dated 24th October 2008 saying the following:

 

Re: Arrow Global LLC

 

Dear *********

 

We act for the above named who instructed us that you owe the sum of £xxxxxxx. You have previously received notice persuant to the Law of Property Act 1925, that our client obtained the debt by way of assignment account number xxxxxxxxxx

You have failed to make payment as requested and/or you have refused to make payment. Our client is no longer prepared to tolerate your failure to pay the debt and we have been instructed to consider taking legal proceedings against you in the county court unless you pay the sum of £xxxxx within 10 days from the date of this letter. From the information currently available, our client is confident of obtaining a judgement order against you (it is not believed that you have a legitimate or any defense in the sum of £xxxxx plus court fees and solicitors costs. - NOTE: YOU SHOULD BE AWARE THAT LEGAL COSTS WILL BE ADDED TO THE DEBT.

In the circumstances, you should be aware os the methods of enforcement available to our client upon the making of a judgement order against you, as follows:-

WARRANT OF EXECUTION - this will involve county court baliffs attending your home with a view to removing your goods for sale at public auction. The actual price obtained on the sale of the goods will fall far short of that which you have paid when new. As a result a large amount of goods may be removed to cover a moderate debt.

ATTACHMENT OF EARNINGS ORDER - This is an order which allows money to pay your debt to be deducted by the county court from your wages. The county court documentation would be served on your employer and they would be ordered to deduct what ever monthly installment is ordered by the court.

EXAMINATION OF DEBTOR - Application can be made to the county court for an order requiring that you attend to be cross examined as to your income, expenditure and assets. You will be required to produce all documentory evidence available, including bank statements, wage slips, car and property details the purpose is to allow a decision to be made as tp the best method of enforcement of the debt. Failure to attend court will result in an order being made for contempt. This could have very serious conseqences.

SMALL DEBTS - we find that many debtors believe that creditors will not persue small debts via the court system. Arrow Global LLC has no hesitation in utilising the full extent of the court system to obtain payments of all debts, large or small. You should not forget that any expenses incurred as a consequence of issuing proceedings, will be reclaimed from you. For example a £100 debt can easily become £200.

 

Please do not under estimate the resolve of Arrow Global LLC and the willingness to persue you via County Court proceedings. All the costs and expenses involved maybe added to your debt and vigorously persued.

then it's signed cope's

 

 

Does this have any bearing as I received the court papers today the 28th dated 27th october 2008? They haven't even waited the 10 days!

[AndyOrch]

You can us that as part of your defence but the stark reality is ths is what you are up against with these cretins (oops Claimants)

 

 

Andy

[fedup74]

Hi mighty midget. Please take Andy's advice and do not let payplan fill anything in for you. Although they are great, this is how my OH ended up with a CCJ and a charging order on our house because they will just fill in that you owe the whole amount and judgement is awarded against you. There are charges on the account which shouldn't be taken into consideration as a final figure plus they may not have an enforceable agreement, so do as Andy suggests and you will get loads of help. Tell the Mrs to chill!!! You are in good hands. good luck:)

[mighty-midget]

Hey guys, it's the scared out of her wits Mrs MM this time:eek:

 

I have posted the CCA to Arrow Global and the CPR to Cope's although the post office didn't recognise Cope's address.

 

Do I now need to go on to MCOL and register my intent on there?

 

Also what happens now?

 

Thanks again for all the help.

[AndyOrch]

Hi Mrs MM no need to be scared .Ok on the summons you will find the website address and also your unique password.On entering MCOL you will view various screens you are only acknowledging Service at this stage so tick your intention and print confirmation dont proceed any further at his stage.

 

Regards

 

Andy

[mighty-midget]

OK done that

 

Do I just wait now?

 

How do I put together a defence?

 

Sorry lots of questions I know

[AndyOrch]

Hi Mrs MM

 

 

Ok I presume you are defending all of the claim and as such will be required to submit a defence at the appropiate time.Look at the date on the summons add 5 days for service and then add another 14 that is the deadline for AoS which you have done today. Add a further 14 days and that is the deadline for your defence submission.

Let us see what the response is to your CCA and CPR request nearer the time and then we will assist in the preperation of drafting said defence.

 

 

Regards

 

Andy

[mighty-midget]

Thank you Andy.

 

For reference the dates are:

 

Court papers date 27th October

AoS 3rd November

Deadline for defence (by my reckoning) 28th November?

[AndyOrch]

Correct well i get the 29th Nov, you did have until the the 15th to submit your AoS but if you stick to the 28th for safety, you will be fine.

 

 

 

Regards

 

Andy

Edited November 3, 2008 by Andyorch

[stephen7]

hi,

just to say i fought these claimants, (?) , with loads of help from here,before, and won!

now they are back for more.

but take heart! with help from here. you'll do fine

good luck

[mighty-midget]

Correct well i get the 29th Nov, you did have until the the 15th to submit your AoS but if you stick to the 28th for safety, you will be fine.

 

 

 

Regards

 

Andy

 

Thanks again Andy

 

hi,

just to say i fought these claimants, (?) , with loads of help from here,before, and won!

now they are back for more.

but take heart! with help from here. you'll do fine

good luck

 

Thank you for your kind words and thoughts stephen7, I appreciate it

[Docman]

Hi MM and welcome to CAG,

 

These cretins are just bullies. Stick to the advice from andy and you will get through. It will be a long road but don't give up. Like all bullies, once you stand up to them, they move onto the next victim.

 

Doc

[mighty-midget]

Hi MM and welcome to CAG,

 

These cretins are just bullies. Stick to the advice from andy and you will get through. It will be a long road but don't give up. Like all bullies, once you stand up to them, they move onto the next victim.

 

Doc

 

Thank you for the kind words Docman, it is appreciated:)

 

Just for info I have checked and both the letters have been received by Cope's and Arrow Global, so I will see if I get any reply from either or both of them