Default Notice from Arrow Global

[Docman]

Can anyone asssit with an issue over a Default Notice?

I had a dispute with MBNA during most of 2007. I received the usual threat o grams from MBNA but these stopped in Septmeber 2007. Although they had threatened to issue a Default Notice and terminate the credit card account, they never did so.

In January 2008, I received a letter from Arrow Global LLC, using an accommodation address in London claiming that the debt had been assigned to them. I had not received a Notice of Assignment from MBNA.

The letter from Arrow Global quoted my MBNA details and started

“DEFAULT NOTICE

We refer to the assignment of this debt to us. [ The rest of the letter was the required wording for a default notice requiring payment of the ‘arrears’ 14 days after the date of the letter.]”

I sent a SAR to MBNA in January 2008 but nothing came back until July when the soliciotrs acting for arrow wrote to me enclosing copies of my credit card statments for the last two years and a copy of a scanned application form for a MBNA card that I signed in 1998. A couple of days later I received an undated NOA from MBNA that had a date stamp of July 2008 on the reverse.

I know that the DN is therefore defective because it doesn’t allow for service but that isn’t the issue. The fact that Arrow Global sent me a DN as its first contact with me supports me that MBNA never sent a DN to me before July 2008. My question is whether assinging a debt to a thid party collector such as Arrow Global is in fact a termination of the agreemnt and therefore invalid.

My second question is that if the assignment to Arrow Global was nevertheless in itself lawful, can a DN from Arrow Global be valid? If I had paid the amount of the arrears demanded, then I thought the Consumer Credit Act stated that the action required was taken (ie the arrears were paid) then the breach was assummed not to have occurred and the agreement should continue. However, Arrow Global is not a bank and doesn’t have a credit licnce. It could not have contiubed with a credit agreement even if I had paid the arrears.

Needless to say, I disputed Arrow Global and I have now rececied a N1 claim form to whch I have sent the AOS.

[postggj]

by selling this account to arrow, the account has been terminated, to confirm, on the court form i take it arrow are the creditor bringing the claim.

 

now the good news, please confirm, in your sar, you never received a default notice.

 

if thats the case, the account has never been defaulted, so how can it be sold on. arrow are not the creditor in that case.

 

now the realy good news

 

if there is no default notice, arrows claim has just gone out of the window

 

also, if arrow sent you a default notice, be it invalid as the oc never defaulted you,

 

you have to have the time scale to rectify the default.

 

the default notice needs to be 14 days from the date of the letter plus 2 days for service.

 

ive picked so many holes in this allready.

 

when you put in your defence, go for max costs against these cretins

[postggj]

ime sure pt or surfacegent would oblige with a poc

[Docman]

Thanks postggi

 

Just to confirm that MBNA never issued a Dn, nor did one turn up from the SAR response. I even think the NOA came from Arrow themselves, but who knows.

 

The N1 claim form is from Arrow global themselves, not MBNA, and only gave 14 days, not 14 + 2. However, they haven't sent any documents with the claim, just stated in the POC that i owe them undera CCagreemnet. It implies the agrteement is with Arrow since there is no mention of MBNA in the POC, ie the do not mention any assignment even!. i'm going to go to town with the cretins!!

[postggj]

to avoid confusion

the default notice gives you 14 days plus 2 for service from date of default notice

 

an n1 court claim give you 14 days to acknowledge the claim then 14 days for a defence

 

and yes, it appears arrow are now the creditor

 

go for the throat

 

ime 99% sure the claim will be with drawn by arrow

it will be very difficult for them to start proceedings again

they had there chance

[Docman]

Well, at long last I can report a successful update - and I hope give some hope to other caggers suffering from MBNA and Arrow Global.

 

After I got the N1, I responded with an AOS and then sent in a 'embrassed' defence. Arrow responded to the AQ by an application for Summary Judgement. Thankfully, the judge said they hadn't 'pleaded' the case and threw out the SJ application but warned me that he expected a full defence from me when I got the amended claim.

 

Well, I sent in my defence last March. I'm not sure if it got stuck in the system at the court or what but at the end of August, the court ordered disclosure of the CCA, Deed of Assignment and DN. Within a week, Arrow threw in the towel and discontinued. I asked for over £500 in costs but they offered £350, which I accepted and have now received. Donantion on its way.

One down, three others to go!

[postggj]

hats off docman

 

you deserve it

[the_shadow]

Well done both of you, postggj and docman

 

S.

[mandyjayne]

Well done Docman

 

Mines MBNA/Arrow hope i have a result like yours!!

 

All the best

 

MJ:)